Trade Union Reform
Trade union right of access into workplaces
From 30 October, subject to parliamentary approval, independent trade unions will have a new right to access workplaces and engage with workers, either in-person or digitally. Employers and unions will be able to negotiate access agreements into workplaces under a new statutory framework introduced by the Employment Rights Act 2025.
Where agreement cannot be reached, the Central Arbitration Committee (CAC) may decide whether access should be granted and set the terms of that access. The CAC can only impose an access agreement where an employer employs 21 or more workers. The CAC will oversee and enforce any statutory access agreements, including ensuring compliance with access terms. The CAC can issue penalty fines for non-compliance.
Key changes
- Independent trade unions can formally submit a request to employers to access their workplace(s).
- Access can be physical, digital, or a combination of both. Digital access is access that takes place through electronic means. This could mean, for example, an online meeting that the employer facilitates and the trade union joins, or an email that the employer cascades on behalf of the trade union.
- The CAC cannot an impose an access agreement where an employer employ fewer than 21 workers (across all of their workplaces).
- Employers must respond to requests within 15 working days of the request being sent.
- Employers and unions have 25 working days to negotiate an access agreement.
- If agreement cannot be reached, either party can apply to the CAC.
- The CAC can determine whether access should take place and on what terms.
How to prepare
- Consider how access could be arranged in your workplace (for example meeting space or digital channels).
- Identify appropriate internal contacts to manage trade union requests, including email addresses that can be monitored.
- Instruct HR teams and line managers on the new requirements.
- Develop a process for responding to requests and negotiating access agreements within statutory timeframes.
- Consider how to balance access with operational needs. Develop processes for hosting trade union officials.
- Communicate the upcoming changes internally where appropriate.
- Familiarise yourself with the statutory Code of Practice, which sets out how access should operate in practice.
More information
The government has respondedopens www.gov.uk in a new tab to the consultation on trade union right of access.
The draft code of practiceopens assets.publishing.service.gov.uk in a new tab was laid in Parliament on 6 July 2026. Should Parliamentary approval be obtained, it will come into force from 30 October.
Trade union recognition – access and unfair practices
If an employer does not voluntarily recognise a trade union for collective bargaining purposes, the union can apply to the Central Arbitration Committee (CAC) for statutory union recognition. The union must show it has support from workers, typically by winning a majority in a statutory recognition ballot. If a union has been statutorily recognised by the CAC for at least 3 years, an employer or a group of workers can apply to have that union de-recognised, which is also typically decided through a statutory de-recognition ballot.
Rules around what happens during the trade union recognition and derecognition process are changing.
Subject to parliamentary approval, an updated Code of Practice will come into effect on 30 October which gives practical guidance on a union’s access to workers during the recognition and derecognition process, as well as guidance to help people avoid committing ‘unfair practices’ during a recognition application. Unfair practices are actions by an employer, union, or worker intended to influence the outcome of a recognition ballot. These include bribery, coercion, threats, or actively interfering in union management to sway worker decisions.
Key changes
The Employment Rights Act 2025 makes several changes to the statutory trade union recognition process. The Code of Practice has been revised to reflect these changes. These are:
- rules around unfair practices will apply earlier, from the point the CAC accepts a recognition application
- unions will be able to seek access to the workforce earlier, from the point the CAC accepts a recognition application
- the period for negotiating trade union’s access to the workforce will be reduced to 15 working days, which can be extended by agreement between the union and employer
- there will be more time for someone to raise an allegation of unfair practice after a recognition or derecognition ballot has closed, increasing from 1 working day to 5 working days
- when considering an allegation of unfair practice the CAC will only need to be satisfied that an unfair practice has occurred, and it will no longer need to consider the effect on the recognition ballot
In addition, the Code:
- increases the suggested access meeting frequency to once every 5 working days
- increases the minimum length of union access meetings to 45 minutes
- provides more detailed guidance on trade union digital access and digital communications
How to prepare
Employers should read the updated Code of Practice on Access and Unfair Practice during the Recognition and Derecognition process.
More information
The revised draft code of practiceopens assets.publishing.service.gov.uk in a new tab was laid in Parliament on 6 July 2026. Should Parliamentary approval be obtained, it will come into force from 30 October.
New rights and protections for trade union representative
From 30 October, employees who are trade union workplace representatives will have stronger rights to paid time off and facilities to fulfil their duties. Subject to parliamentary approval, an updated Code of Practice on time off for trade union duties and activities will come into effect.
Key changes
- Employers will be required to allow union equality representatives reasonable paid time off to carry out their duties.
- Employers will be required to provide representatives with reasonable access to accommodation and other facilities to enable them to carry out their duties and purposes.
- Employers will be required to show that the time off proposed was not a reasonable amount of time if the matter goes to a tribunal.
How to prepare
- Read the revised Acas Code of Practice on time off for trade union duties and activities.
- Brief HR teams and managers on the changes.
- Update or put in place processes for requesting and recording time off.
- Ensure trade union representatives have access to appropriate facilities.
- Engage with recognised trade unions on implementation.
More information
The revised draft Acas Code of Practiceopens www.acas.org.uk in a new tab on time off for trade union duties and activities was laid in Parliament on 6 July. Subject to Parliamentary approval this Code is expected to be published and come into effect from 30 October.
This Code of Practice will provide guidance on reasonable paid time off and access to facilities for trade union representatives to carry out their duties and activities.
Protection from detriment for industrial action
From 30 October 2026, subject to parliamentary approval, employers will be prohibited from treating workers unfairly, also known as imposing ‘detriments’, if the main purpose is to penalise, prevent or deter the worker from taking protected industrial action.
This change helps protect workers while still allowing employers to take measures to respond to industrial action where those measures are not solely to penalise, prevent or deter workers.
Employers can still proportionately withhold pay for time a worker spends taking industrial action.
Where these changes apply
The trade union measures apply in England, Scotland and Wales. They do not apply in Northern Ireland, where legislation relating to trade union law is devolved.
More information
For more information on trade union reforms visit our factsheetopens assets.publishing.service.gov.uk in a new tab.
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