As we get nearer to October 2026, employers are continuing to prepare for potential requests from trade unions to access their workplaces.
The government’s implementation timetable indicates that the new statutory right of access is expected to come into force on 30 October 2026.
In our last article we summarised the key features of the draft Code of Practice and highlighted the first steps employers might wish to take to prepare.
Since then, the government has published:
-
Its response to its consultation on the draft Code of Practice
-
A final draft statutory Code of Practice and two sets of regulations, which explain how the new right will operate in practice. These are subject to approval by Parliament
Here, we focus on what has changed in the revised Code and provide further practical detail on what employers should be considering.
What has changed in the revised Code of Practice?
The revised Code strengthens the guidance in several areas and clarifies how the framework is intended to operate in more complex situations. The statutory timescales have not changed: employers will still have 15 working days to respond to a statutory access request.
The changes that have been made include:
-
Drawing a clearer distinction between the three types of access arrangement:
-
Voluntary access agreed outside the statutory process, whether based on existing or new arrangements. This is strongly encouraged by the Code.
-
Access agreed through negotiation under the statutory process, then notified to and recorded by the Central Arbitration Committee (CAC).
-
Access initiated through the statutory process but then determined by the CAC, where the parties cannot agree terms.
-
The latter two result in “statutory access agreements”, which are subject to the statutory enforcement regime.
-
More guidance on complex access arrangements. This includes situations where the employer does not control the premises, where access is sought to a high-security site, and where workers have atypical working patterns.
-
More detail on enforcement and how financial penalties can accumulate. These penalties are significant. If the CAC upholds a complaint that a statutory access agreement has been breached, it may issue a declaration or order. If a further complaint is upheld after that, the CAC may order the defaulting party to pay a financial penalty to the CAC. The maximum penalty rises for repeated non-compliance: £75,000 for the first penalty, £150,000 for the second and £500,000 for third and subsequent breaches. The amount imposed will depend on various factors, including the gravity and duration of the breach.
The standardised templates for access requests have also been simplified and reformatted. Employers should ensure that anyone likely to receive an access request is familiar with the templates and knows what action is required, given the strict 15-working-day deadline.
What should employers consider when negotiating access?
There are a number of things that employers will want to have in mind. These include:
-
What workers and workplaces the arrangements apply to
-
What type of access is reasonably practicable at each workplace
-
What physical space(s) can be offered for in-person meetings
-
What digital access can be agreed, including agreed communication channels that mirror normal workplace practices
-
What information is needed from the union to prepare for and facilitate access visits
Will the government review the new framework?
Yes. The government has said that it will review the statutory access framework within six months of implementation, to “assess whether it is achieving the policy objective”. It has already provided a long list of the things that the review will cover, including the effectiveness of the enforcement regime and the operation of the model terms.
The government has also promised that there will be another consultation in spring 2027 on potential changes to the regulations and Code. This should give employers and trade unions an early opportunity to provide feedback on how the framework is working in practice.
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.
[View Source]
