Draft Code of Practice on trade unions’ right of access to workplaces published
The Government has published its response to its Make Work Pay: trade union right of access consultation, which closed on 18th December 2025. It has also launched a new Make Work Pay: draft Code of Practice on trade union right of access consultation.
The draft Code of Practice provides practical guidance on how the statutory framework under the Employment Rights Act 2025 will operate. Under the new measures, trade unions with a certificate of independence will be able to request access for the purposes of meeting, supporting, representing, recruiting, or organising workers, as well as facilitating collective bargaining. However, organising industrial action is explicitly excluded.
Employers with fewer than 21 workers, will be excluded, although hybrid residential/work settings may be within scope.
Employers and unions will be encouraged to agree on access terms voluntarily, with Acas available to assist the parties. If voluntary talks fail, the statutory process will apply.
The new Code of Practice will include information on:
how access requests should be made
how access agreements should be negotiated and implemented across different types of workplaces
applications to the Central Arbitration Committee (CAC) if negotiations are unsuccessful and CAC decision-making
“model” terms of an access agreement
operation of an access agreement, including digital access
resolving disputes through the CAC and enforcement
best practice examples to support effective engagement.
The Government will publish a response to the consultation after it closes on 20th May 2026. The feedback will inform potential amendments to the Code, which is expected to be implemented by October 2026, subject to parliamentary approval.
Legal Connect Masterclass Series >>