The Government has now reached another significant milestone in the implementation of the Employment Rights Act 2025 trade union reforms, publishing responses to several consultations and laying revised codes and regulations before Parliament in July 2026.
These latest developments provide greater clarity on how the new statutory framework will operate in practice and suggest that implementation remains firmly on track for October 2026.
The July announcements cover four key areas:
For employers, these publications offer the clearest indication yet of how the Government expects the reforms to function in practice and what organisations should be doing now to prepare.
Trade Union Right of Access – Consultation Response Published
As part of the Government's commitment to introducing a statutory trade union right of access to workplaces, a consultation on the draft Code of Practice closed in May 2026. The Government has now published its response and laid a revised version of the Code before Parliament.
The revised Code incorporates feedback received from employers, trade unions and other stakeholders and includes a number of targeted amendments.
Among the most notable changes are clearer provisions concerning enforcement and financial penalties, together with additional guidance on how breaches of the new access framework may be assessed in practice. The Government has also sought to clarify how access arrangements should operate in more complex situations, including where any employ had multiple workplaces and where digital access is requested.
Additional clarification has also been provided regarding paid time, the handling of minor administrative errors and the circumstances in which access may reasonably be refused by an employer. The revised Code further explains how existing workplace arrangements should be taken into account when considering access requests.
Subject to Parliamentary approval, the revised Code is expected to come into force in October 2026.
Regulations Provide Further Detail on Access Requests
Alongside the revised Code, the Government has laid the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026. These regulations form an important part of the wider access framework by setting out the information that must be contained in formal access requests and employer responses.
The regulations require trade unions to specify the form of access being sought, including whether physical access, digital access or a combination of both is requested. Unions must also provide details of the proposed arrangements and the reasons for seeking access.
This additional procedural detail will assist employers in understanding what information they should expect to receive when responding to access requests under the new regime.
The regulations are due to take effect from 30th October 2026.
Recognition and Derecognition Code Moves Closer to Completion
The Government has also published its response to consultation on the revised Code of Practice on Access and Unfair Practices During Recognition and Derecognition Processes. The revised draft Code has now been laid before Parliament and reflects the wider changes being introduced to simplify and strengthen statutory trade union recognition procedures.
The Government has confirmed that unions involved in recognition campaigns will continue to be entitled to access meetings at least once every five working days. However, the minimum duration of those meetings will increase from 30 minutes to 45 minutes.
The revised Code also provides further clarity on the concept of "unfair practices" during recognition campaigns. In response to consultation feedback, it makes clear that routine management actions, such as performance management processes, disciplinary procedures conducted appropriately and legitimate operational decisions, will not generally be regarded as unfair practices simply because a recognition campaign is taking place. The central issue remains whether the action was intended to influence or interfere with the recognition process.
The revised Code is expected to come into force in October 2026, subject to Parliamentary approval.
Revised Acas Code Also Published
A further development in July 2026 is the publication of a revised Acas Code of Practice on Time Off for Trade Union Duties and Activities. The updated Code reflects the changes introduced by the Employment Rights Act 2025 and is intended to operate alongside the wider reforms taking effect later this year.
The draft Code incorporates guidance on the new rights of trade union equality representatives, including entitlements to reasonable paid time off for specified duties and relevant training. It also reflects the new framework relating to the provision of accommodation and facilities for trade union representatives where reasonable.
The Government's intention is that the Code will be brought into force alongside the related statutory changes in October 2026.
What Should Schools and Academies Be Doing Now?
With the majority of the supporting regulations and codes now published in draft final form, schools and academies should regard October 2026 as a key implementation date.
Schools and Academies may wish to begin reviewing:
While Parliamentary approval remains outstanding, the July publications provide the clearest indication to date of how the Government expects the new rights and obligations to operate in practice and confirm that implementation of the trade union reforms remains firmly on course for autumn 2026.
This latest round of publications marks another step in the Government's wider programme of collective employment law reform and represents an important stage in the transition from consultation and policy development to practical implementation.