ERA 2025: Trade union access – a new statutory right HR teams can’t ignore

The Employment Rights Act 2025 introduces, for the first time, a stand-alone statutory right for trade unions to access workplaces. The government’s stated aim is to promote “more stable and constructive industrial relations”.

The new right is expected to come into force in October 2026.
Earlier this month, the government published:

• its response to its consultation on the right of access, and
• a draft Code of Practice (subject to consultation), which explains how the new right is intended to operate in practice. 

These access rights are expected to have an impact on both private and public sector employers, including those without established relationships with trade unions. This article summarises the key features of the draft Code and highlights what employers may wish to do to prepare.

What is the new statutory right of access?

Under the new provisions, independent trade unions will be able to request an access agreement with an employer (even if that employer does not currently recognise a union). This will set out the terms on which union officials may enter the workplace to meet, represent, recruit and organise workers, and to facilitate collective bargaining. The right cannot be used to organise industrial action.

The draft Code strongly encourages employers and unions to agree access arrangements voluntarily, outside the statutory process. However, where this is not possible, the statutory process through which access can be negotiated is, in broad terms, as follows:

1. Access request: The trade union submits a request to the employer using the standardised form set out in the draft Code.
2. Employer response: The employer has 15 working days to respond, using the prescribed response template.
3. Accepted requests: If the employer agrees to the request, the parties notify the Central Arbitration Committee (“CAC”).
4. Negotiation period: If the employer does not agree the request, the parties then have 25 working days to negotiate. 
5. CAC determination: If agreement still cannot be reached (or the employer does not respond to the request at all), the union may refer the matter to the CAC, which will then decide whether access should be granted and on what terms.

The statutory scheme includes enforcement mechanisms and financial penalties. These are significant: repeated breaches of an access agreement can result in penalties of up to £500,000, payable to the government.

Are there ‘model’ terms on which access agreements should be based?

Yes. The draft Code indicates that the CAC is more likely to grant access where the request aligns with suggested ‘model’ terms, including:

• weekly access (although unions may request less, depending on need)
• at least five working days’ notice for the first visit
• two working days’ notice for subsequent visits
• an agreement duration of no more than two years.

While these are not mandatory, they are likely to shape how disputes are assessed in practice.

When can access be refused?

There are some clear limits on the right of access.

The CAC must refuse requests for access where the employer has fewer than 21 workers, where there is a genuine risk to national security, or where access would prejudice the detection or investigation of offences.

The draft Code also lists situations in which it may be reasonable not to grant access. This includes where the employer already recognises an independent trade union, or there is a statutory recognition process ongoing, in relation to one or more of the workers subject to the request.

What are employers expected to do to facilitate access?

Employers are expected to take reasonable steps to facilitate agreed access arrangements. Examples in the draft Code include arranging online meetings and making space for physical meetings.

However, it’s clear that employers will not be expected to make significant structural changs to buildings or IT systems to accommodate access. An employer’s typical methods of communication will be the benchmark.

It will be reassuring to employers that the draft Code suggests unions choose times for access that minimise disruption to the business and references an obligation on union officials to comply with all reasonable employer instructions.

What should employers be doing now?

Organisations may wish to review their existing arrangements for employee representation and consider how these changes may affect their longer‑term industrial relations strategy.

More specifically, employers may wish to:

1. Identify who in the organisation will receive and manage requests. 
2. Decide how the statutory deadlines will be tracked.
3. Consider if there are areas of the organisation that are likely to receive requests.
4. Consider how access could be accommodated in practice – particularly in relation to health and safety, security and data protection. Are there any terms that would be non-negotiable? 
5. Train relevant staff on the statutory process, templates and record-keeping requirements.
6. Where there are existing relationships with unions, consider whether it would be preferable to agree access arrangements on a voluntary basis now, to avoid engaging the strict timescales and penalties under the statutory scheme.

Finally, employers should keep an eye on further developments, including publication of the final Code of Practice and associated regulations, expected later this year.

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