The Employment Rights Act 2025 (“ERA 2025”) introduces a new statutory right giving trade unions the right to access workplaces to engage with workers. 

The government consulted on the new right at the end of last year and has now published its response which confirms it intends to bring the new right into force. A new statutory Code of Practice together with regulations will set out how the right will work in practice.

Ahead of this, the government has issued a draft statutory Code of Practice which provides practical guidance on how the new right should operate. Below we consider the new right, next steps and practical considerations for employers.

The new right

Currently, trade unions don't have a general freestanding right to access workplaces, and access is subject to voluntary agreements with the employer or the presence of individual trade union members within a workplace. The ERA 2025 introduces a statutory right for independent trade unions (that is, those with a certificate of independence) to access workplaces, both physically and digitally, for the purposes of meeting, supporting, representing, recruiting or organising workers, and facilitating collective bargaining.  Importantly, organising industrial action is explicitly excluded from the permitted purposes. 

The right doesn't apply to employers with fewer than 21 workers, though this threshold is applied to the overarching company - so a small site that is part of a larger employer with 21 or more workers will be in scope. Unions won't be able to access private dwellings, though hybrid workplaces that are a combination of residential and working environments are in scope, subject to considerations listed in the Code.

Making a request

Trade unions and employers are strongly encouraged to continue to use existing voluntary access arrangements or agree new access arrangements on a voluntary basis outside the statutory process described in the Code. Acas can also be used to try and facilitate a voluntary arrangement.

Where it hasn’t been possible to reach a voluntary agreement, the union may submit a formal access request to the employer, using a standardised form set out in the Code. Email should be used where possible to create a clear audit trail, however post may be used if email isn't practicable. The union should provide as much information as possible to give subsequent negotiations with the employer the best possible chance of being successful.

How the employer should respond

The employer has up to 15 working days to respond, using the response template set out in the Code. The employer should include as much useful information as possible to facilitate successful negotiations with the union, including whether another trade union has recently applied for access or is awaiting a ruling from the Central Arbitration Committee (“CAC”). If the employer agrees, it should confirm acceptance and both parties should notify the CAC. If the employer rejects any part of the request, it must clearly explain which elements it is rejecting and why.

Timeframes

The key timeframes are:

• 15 working days for the employer to respond to an access request.
• 25 working days for the parties to negotiate the terms of an access agreement following the employer's response.
• 15 working days for either party to refer the matter to the CAC if negotiations fail (within the overall 55-day CAC referral period).
• Two years is the maximum duration of any access agreement.

Referrals to the Central Arbitration Committee

If negotiations are unsuccessful, either party can refer the matter to the CAC. The CAC must balance the union's right to enter the workplace with the employer's right to operate without unreasonable interference. 

Model terms of an access agreement

Where a union’s request for access is consistent with certain ‘model’ terms, the CAC is more likely to consider that access should be granted. Weekly access will be regarded as a model term by the CAC (although agreements specifying a lower frequency can still be approved). Regarding notice, a minimum of two working days' notice must be given before each access visit (except the very first visit, which requires five working days' notice).  Additionally, union officials must comply with all reasonable instructions given by the employer, such as completing health and safety inductions or providing identification.

Operation of an access agreement

Access (where practicable) should be in the actual workplace such as a meeting room and normally take place during normal working hours but at a time to minimise disruption to the employer's activities - e.g. rest periods or towards the end of a shift. Employers should respect the privacy of meetings and not attend unless invited to do so. Access can also take place in a ‘digital’ manner alongside or instead of physical access such as on Teams or Zoom. The CAC will consider it reasonable for the employer to make existing accommodation and facilities available to facilitate access, but employers won't be expected to make significant structural changes to their premises or IT systems.

Exceptions to the right

Access cannot be granted where:

• the employer has fewer than 21 workers.
• access would present a genuine risk to national security or the investigation of criminal offences.
• the union has not given the employer at least five working days' notice before the first visit.

Reasonable grounds to refuse a request

If no exception applies, the CAC may still refuse access where:

• the employer already recognises an independent trade union covering the workers in question, or there is an ongoing statutory recognition process.
• there is already a statutory access agreement in operation covering those workers.
• access could jeopardise the health and safety of any person covered by the agreement.

Amending or revoking an access agreement 

Where the employer and/or the trade union want to amend or revoke an access agreement, they should agree the terms of the amendment or the revocation with the other and then notify the CAC.

Enforcement and penalties

Employers and trade unions should first try to resolve disputes through dialogue. If that fails, either can complain to the CAC that the other has breached the access agreement. Complaints must be made within three months of the alleged breach.

The CAC may impose fines of:

• up to £75,000 for a first breach.
• £150,000 for a second breach under the same agreement.
• up to £500,000 for any further breach under the same agreement.

Appeals against CAC decisions can be made to the Employment Appeal Tribunal.

Next steps

The draft Code of Practice is currently subject to consultation which closes on 30 May 2026. Further regulations will also set out how the right will operate in practice. The new right is expected to come into force in October 2026.

Key considerations for employers

Although the final details haven't been confirmed, employers of 21 employees or more should start planning for the change.

• Those with existing access arrangements should consider whether existing voluntary access arrangements are fit for purpose and whether they should be maintained, updated or formalised as this could potentially avoid triggering the new statutory process. It will also be useful to nominate a named lead contact internally to handle access-related requests and correspondence. 

• Those without existing voluntary arrangements should consider what arrangements they may be willing to put into place so that they are best placed should a request be received and they will also find it useful to nominate a named lead contact internally to handle access-related requests and correspondence. This may enable a more flexible arrangement to be agreed on a voluntary basis without the statutory process being triggered.

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