In our previous article we set out the new statutory right for trade unions to access workplaces to engage with workers. We considered how this could operate in practice, considering the government’s consultation on a draft statutory Code of Practice and what employers should do to prepare.

What changes have been made to the Code of Practice?

The government has now published its response to the consultation and laid the final statutory Code of Practice: Right of trade unions to access workplaces (“the Code”) before parliament. While the overall purpose and structure of the Code remain the same, several changes have been made to strengthen the Code in light of the feedback received.

The changes are intended to ensure that the Code is not only clear in principle, but workable in practice. They are also intended to support a framework that is fair, proportionate and capable of working across a wide range of workplaces and sectors. 

Key changes to the Code include:

• Stronger and clearer drafting on the enforcement framework, including the operation of penalties and how breaches may be treated in practice.
• Clearer guidance on how access agreements should operate across multiple workplaces and in different workplace settings.
• Improved drafting on practical issues raised during consultation, including paid time, digital access and minor administrative errors.
• Clearer explanation of the circumstances in which access may reasonably be refused, and how existing arrangements should be taken into account.
• A summary table setting out the key stages and time limits.
• A summary table setting out model terms and relevant factors for the Central Arbitration Committee (“CAC”) to consider when deciding whether to refuse access.
• Amendments to the standard templates for requesting, access, responding to a request, notification to the CAC of an access agreement and revoking or varying an access agreement to make them more user-friendly and easier to follow.

When will the new right come into force?

In addition to the Code, the Trade Unions (Right to Access Workplaces) Regulations 2026 and the Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026 which set out how the right will work in practice have been laid before parliament. Subject to parliamentary approval, the new right and Code are expected to come into force on 30 October 2026.

Will there be any further review?

The government has also committed to reviewing the statutory access framework within six months of implementation to assess whether the policy aim of the legislation (that is, to enable trade unions to engage with workers in person or digitally for the purposes of representation, support, recruitment, organisation and collective bargaining) has been met.

The review will include (but is not limited to):

• The effectiveness of the enforcement regime, including whether the levels of the fines are appropriate and sufficient to encourage compliance.
• Whether workers are adequately protected from loss of pay, any detriments and unfair practices by employers relating to access arrangements of trade unions.
• Scope for the CAC to refuse access.

How can we help?

If you would like to discuss how our team of experienced employment lawyers can support your organisation, please get in touch. You can also find further resources on all things ERA 2025 on our ERA 2025 hub, including our recent podcast on trade union rights of access.