Employment Rights Bill: UK Government Consults On Trade Union Rights Of Access To Workplaces

The UK Government published four consultation papers on 23 October 2025, addressing various aspects of the Employment Rights Bill (the "Bill"). One paper focuses on how the new legal framework for trade unions' right of access to workplaces should operate in practice. In this article, we explore what the consultation reveals about the Government's intentions once the law comes into force.

The Bill will establish a new right of access for trade unions to access workplaces physically and digitally. The purposes are to:

• meet, represent, recruit or organise workers; or
• facilitate collective bargaining.

The means of access will be governed by a negotiated 'access agreement' and there will be a defined process for obtaining this. In default of agreement, the Central Arbitration Committee ('CAC') will decide whether or not the union should have the access it wants.

The Government intends this new right to take effect by October 2026.

The consultation paper includes some further detail about the Government's proposals and invites views from trade unions, employers, workers, and members of the public who are likely to be affected by this new framework.

Notably, the Government proposes that employers with fewer than 21 workers should be excluded from the new right of access. An employer's size would be determined in relation to its total size, including that of any 'associated employers' (e.g. a franchised workplace of fewer than 21 workers will be in scope if they are a part of an employer with 21 or more workers).

Further points to note about the Government's proposals are set out below.

Requesting access and negotiating an access agreement:

• Access requests and responses will be made in writing and directly, for example, by email or letter. The Government proposes a standardised approach and a template for access requests and responses through a new Code of Practice on Trade Union Rights of Access.
• A union's request for access must include (amongst other things): a description of the group of workers that it is seeking to access; the purpose and type of access requested (physical and/or digital); the requested date of the first access visit; the notice period the union will give between access being agreed and access taking place for the first time; the frequency of access requested; and the number of members the union has at the workplace(s)/employer.
• Employers will have 5 working days to respond to a union's request for access, stating whether they accept or decline the access terms submitted by the union (either in whole or in part). If rejected, the employer must give an explanation in its response and would then have a further 15 working days to negotiate the terms of access with the trade union.
• Trade unions will have 25 working days from the day the request for access is submitted to apply to the CAC to make a determination.

Factors the CAC will take into account:

• Where an employer already recognises a trade union, the CAC will consider that a reasonable basis on which to refuse access. This consideration will not automatically prevent access being granted but would make it less likely and help the CAC assess the potential impact of a new access arrangement on workplace harmony and representation.
• The CAC will take into account that employers should not be required to 'allocate more resource than is required to facilitate the terms of an access agreement'. Specifically, an employer should not be required to construct new meeting places in the workplace or implement new IT systems.
• There will be a 'model agreement' that the CAC will consider when determining whether or not to grant access. Where the union's request for access is consistent with these 'model' terms, the CAC is more likely to consider that access should be granted. In relation to such terms, the Government proposes that weekly access is reasonable (physical, digital or both) and that the union give at least two working days' notice of upcoming access.

Duration of access agreement

• Access agreements will be required to have a fixed duration, with a maximum term of 2 years from the date the access agreement comes into force.

Fines and enforcement

• If a party considers that an access agreement has been breached, it can complain to the CAC. If well founded, the CAC can issue an order requiring specified steps to be taken. If a complaint is submitted about another breach within 12 months, the CAC can impose fines for non-compliance. The Government has proposed a two-tier cap: a standard cap of £75,000 and an increased cap of £150,000 for repeated breaches. Factors to be considered by the CAC when determining the level of fine include: the gravity, duration and reasons for breach, the number of workers affected, the size of the organisation, and any previous history of non-compliance.

Comment

While the consultation paper provides some useful further information about the Government's intentions, there are still many questions to be answered in relation to the new right of access, notably what the CAC will consider to be reasonable access.

The consultation asks respondents for their views on further matters which the CAC should consider when deciding whether to grant access. Given that it is proposed that access agreements will be in place for up to two years, employers will likely want to push for some factors that are not already mentioned, e.g. confidentiality or the need for continuity of production. One hopes that the proposed Code of Practice will also provide useful guidance.

What is clear is that many employers will need to implement processes to consider and respond to access requests, as well as to negotiate the terms of access. Once an access agreement is made, they will need to be implemented and monitored. The proposals have the potential to be a big change for employers who have not wanted to engage with unions or have no experience of doing so, but it remains to be seen whether they will increase collective bargaining in practice.

The consultation closes on 18 December 2025. If you have any views that you would like the employment team to express on your behalf during the consultation exercise, please don't hesitate to get in touch. If you would prefer to respond directly you can do so using this link. A further consultation on the Code of Practice will be held in Spring 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.