Government confirms framework for statutory trade union right of access

Background

The government has published its response to its earlier consultation on the proposed statutory right of trade union access to workplaces, a key element of the Employment Rights Act 2025 and the wider “Make Work Pay” agenda.

The reforms are designed to address the current position, where trade unions have no general right to access workplaces and must rely on voluntary arrangements. The new framework will introduce a statutory right for independent trade unions to access workplaces, both physically and digitally, for purposes including representation, recruitment and collective bargaining.

The response follows extensive consultation with employers, trade unions and other stakeholders and confirms that detailed provisions will be implemented through secondary legislation and a statutory Code of Practice. Alongside the consultation response, a draft Code of Practice was published, and a further consultation has been opened to allow stakeholders to comment on the draft Code.

What the government has decided

The government has confirmed a structured framework governing how access will be requested, negotiated and, if necessary, determined.

Access requests and responses must be made in writing, with email as the preferred method. A standardised template will be provided, although flexibility will be retained. Both unions and employers will be required to include specified baseline information to enable meaningful negotiation.

The process will be supported by defined timeframes. Employers will have 15 working days to respond to a request, followed by a 25-day negotiation period. If agreement cannot be reached, either party may refer the matter to the Central Arbitration Committee (CAC) within a total period of 55 working days. Extensions may be agreed between the parties.

The CAC will play a central role in determining disputes. It must refuse access in limited circumstances, including where the employer has fewer than 21 workers, where minimum notice requirements are not met, or where access would raise national security or criminal justice concerns. It may also refuse access where there is an existing recognised union, overlapping requests or where the request would impose disproportionate resource burdens on the employer.

The framework introduces a concept of “model terms” to support consistency. These include, for example, weekly access and minimum notice periods, although these are not mandatory in all cases. The intention is to encourage predictable and structured engagement while allowing flexibility to reflect different workplace contexts.

Access agreements will be time-limited, with a maximum duration of two years, although extensions may be agreed.

Enforcement and penalties

The government has confirmed a three-tier enforcement regime to support compliance.

Financial penalties will be available where employers fail to comply with access obligations, with maximum fines of £75,000 for a first breach, £150,000 for a second breach and up to £500,000 for repeated non-compliance. The CAC will determine penalties based on factors such as the seriousness and duration of the breach, the number of workers affected and the size of the organisation.

In addition to financial penalties, the CAC will have powers to require steps to secure compliance and to vary access agreements where appropriate.

Learning points for employers

This response provides the clearest indication to date of how the statutory right of access will operate in practice. Employers should expect a more structured and formalised approach to trade union engagement, with defined processes, timelines and oversight by the CAC. Early preparation will be important, including identifying appropriate internal contacts, understanding workforce structures and considering how access could be facilitated using existing facilities and systems.

The introduction of significant financial penalties also underlines the need for a considered and consistent approach to handling access requests. While the framework is intended to support constructive industrial relations, it will require employers to engage more actively and systematically with trade unions than under the current voluntary regime.

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For more information or advice, please get in touch with Elizabeth McTeigue in our Employment team.