Trade Union Workplace Access: What Employers Need to Know About the Draft Code of Practice

The government has published a draft statutory Code of Practice to support the new legal framework introduced by the Employment Rights Act 2025, under which trade unions will have a statutory right to request access to workplaces. Access may be physical, digital, or both, and is intended to enable unions to meet with workers, recruit and organise members, and support and represent workers, including for the purposes of facilitating collective bargaining. The new statutory right is expected to come into force in October 2026, alongside secondary legislation setting out the detailed operational requirements.

The draft Code was published on 8 April 2026 and is subject to consultation, which closes on 20 May 2026. It provides practical guidance on how the new access regime is intended to operate, including how access requests should be made, how access agreements should be negotiated and implemented, when disputes may be referred to the Central Arbitration Committee (CAC), and how such applications will be determined in practice.

What does the draft Code propose?

Making an access request

The draft Code encourages employers and trade unions to agree voluntary access arrangements wherever possible. Where that cannot be achieved, a trade union may submit a formal written access request (with email envisaged as the preferred method) using the standard template included in the draft Code.

The access request will have to specify, among other things:

• Whether physical or digital access (or both) is sought (for example, on-site meetings, drop-in sessions, online meetings, access to worker forums, or circulation of union communications);
• The purpose of the request;
• The workers and workplaces to which it relates (this may include single or multiple premises);
• Any facilities or support required from the employer;
• The proposed notice period; and
• The frequency of access requested.

Trade unions may also come together and submit joint access requests.

Timetable for responding

Employers are expected to respond in writing within 15 working days, either accepting the request (in full or in part) or refusing it (with reasons).

Where a request is accepted (in full or part), the employer must provide specified information about the workers and workplaces to which the access agreement applies, together with facilities it will provide to facilitate access. If the request is not agreed in full, the draft Code envisages a further 25 working days for the parties to negotiate terms further, although the parties can extend this deadline by agreement.

Once an agreement is reached, the parties should confirm this to the CAC and formally record the agreement in writing.

Where the employer rejects all or part of the request, it must provide reasons for doing so.

Referral to the Central Arbitration Committee (CAC)

If an agreement is not reached, either party may refer the dispute to the CAC within an overall window of 55 working days from the original request. The CAC will decide whether access should be granted and, if so, on what terms. In making its decision, the CAC will seek to balance the government’s intention for trade unions to have access to workplaces with employers’ rights to operate their businesses without unreasonable interference or being required to take unreasonable steps to facilitate access.

Decisions will normally be made by a three‑person panel, unless the request reflects the CAC’s ‘Model Terms’, in which case a single‑person panel will determine the application and access is more likely to be granted.

The ‘Model Terms’ include:

• At least five working days’ notice for the first access visit;
• At least two working days’ notice for subsequent visits;
• Ongoing access with a frequency of up to weekly; and
• A maximum access agreement duration of two years.

When the CAC must not grant access

The CAC must refuse statutory access rights in the following circumstances:

• Where the employer has fewer than 21 employees;
• Where the proposed access agreement does not provide for at least five working days’ notice for the first visit and/or has a duration exceeding two years; or
• Where granting access would threaten national security or prejudice the prevention, detection or prosecution of crime.

When the CAC may have reasonable grounds to refuse access

The CAC may also have reasonable grounds to refuse access (although it is not compelled to do so) where:

• The employer already recognises an independent trade union for the workers concerned, or has an implemented statutory recognition process in respect of such workers;
• An access request overlaps with an existing statutory access agreement covering the same workers;
• Multiple access requests are received for the same or overlapping groups of workers; or
• Granting access would require excessive resources from the employers and/or the health and safety of a person covered by the proposed access request may be jeopardised

Additional factors the CAC will consider

The draft Code highlights several factors the CAC will consider when assessing what amounts to reasonable steps for an employer to facilitate access and what trade unions may be required to comply with in a connection with access arrangements. These include:

• Proportionality and practicality – whilst an employer should make available such accommodation and facilities that are reasonable in the circumstances to facilitate access in line with the agreement, they will not be expected to make significant structural changes to physical premises/IT systems to facilitate access.
• Business disruption – access should take place during normal working hours, with events scheduled during rest periods or towards end of shifts to minimise disruption to working practice.
• Confidentiality – employers must ensure, so far as reasonably practicable, that communications between workers and unions remain confidential. Employers should not attend access meetings (unless invited), question workers, or pressure them to disclose discussions, and should inform unions of any CCTV systems in place.
• Health and safety and security: – union representatives must comply with reasonable health and safety instructions, security procedures, identification requirements, and data protection obligations.

Enforcement – what happens if terms are breached?

Where an access agreement is in place (whether agreed voluntarily or imposed by the CAC), failures to comply may be escalated to the CAC. The CAC has the power to vary agreements, issue declarations, order steps to secure compliance, and impose financial penalties.

Penalties may be:

• up to £75,000 for a first breach;
• up to £150,000 for a second breach; and
• up to £500,000 for a third or subsequent breach.

Where an access agreement covers multiple workplaces, penalties may be applied cumulatively. In determining the level of any penalty, the CAC will consider factors such as the seriousness and duration of the breach, the reason for it, the number of workers affected, and the employer’s size, resources and compliance history.

What should employers do now?

Be proactive and plan ahead – although the draft Code remains subject to further consultation, the new access rights envisaged by the Code are inevitably likely to create significant administrative burdens and operational challenges for employers in negotiating access agreements and facilitating arrangements, with a limited timescale to respond, little scope to refuse access, and substantial financial exposure for non-compliance.

Many employers are likely to receive union access requests for the first time, and they should consider early steps to understand the new framework and the limited grounds on which requests may be refused. Employers should start to assess the potential operational and logistical impact; identify key stakeholders and responsibility; review relevant policies, procedures and training needs; implement clear, robust processes for receiving, responding to and documenting access requests; and plan for both physical and digital access. Negotiations will undoubtedly need to be approached carefully and constructively, and legal advice sought where appropriate – particularly where there is uncertainty or concern about granting or refusing a request. Our dedicated team of employment lawyers are on hand to help, and we will continue to monitor developments and provide updates as the consultation progresses and further detail emerges.

Contact us

Need advice on trade union access requests or preparing for the new statutory framework? Hempsons’ specialist employment law team advises employers on complex workforce and industrial relations issues, helping organisations navigate compliance, manage risk and respond confidently to evolving employment law obligations. Contact our team to discuss how these changes may affect your organisation.