10 April 2026
The Government has released its response to the consultation on statutory trade union rights of access outlining how unions and employers will be required to manage, negotiate and implement access arrangements under new secondary legislation.
At present, trade unions do not have a general, independent right to access workplaces. Access often depends on voluntary or ad-hoc arrangements, meaning that where union membership is low, unions struggle to meet workers, recruit members, provide representation, or support meaningful collective bargaining.
The response confirms the detailed operational framework that will support the statutory right of access. This includes the expectations placed on trade unions when submitting written access requests, the information employers must supply in their written responses, the timescales for negotiation, and the circumstances in which the Central Arbitration Committee (CAC) may intervene. It also outlines the grounds for both mandatory and discretionary refusal of access, the process for notifying the CAC of variations to access agreements, and the new enforcement model, which introduces a tiered system of financial penalties for non-compliance.
The Government noted that over 1,600 consultation responses were received and have been invaluable in shaping these practical requirements; many of which will be reflected in secondary legislation. To support implementation, a draft Code of Practice has also been published and is open for consultation for six weeks, from 8 April to 20 May 2026. Stakeholders are encouraged to review the draft and provide feedback.
All feedback received during this period will be carefully considered before the Code of Practice is finalised and the statutory right of access is fully implemented, due to come into force by October 2026.
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