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Employment Rights Bill - Update #12: consultation on trade union access and union information to staff

Half term approaches and the Government has given us some reading material as we hunker down to the dark nights of autumn/winter 2025.  Let's hope as 31st October approaches, the consultations published today won't give us any frights in the night! 

Right Of Trade Unions to Access Workplaces 

The introduction to the consultation reiterates that the Government is clear in its intention to give trade unions a statutory right to access workplaces. This consultation seeks input on how this will look in practice. The Government aims to encourage continuing voluntary access agreements; however, this statutory framework will come into effect if these voluntary agreements are not possible for any reason. 

The access includes digital access - the consultation notes that this will include meeting workers through an IT platform or providing hard copy information to workers via the employer. No further examples of digital access are provided. The details regarding this new statutory right to access will be outlined in regulations, in addition to a statutory code of practice including best practice and practical guidance. The Government will consult on this code in Spring 2026. 

Three main areas of consultation

  • Requesting and negotiating an access agreement - this section addresses:

    •  what this process will look like;

    •  what information will be needed in any request;

    • how  employers should respond;

    • how the parties notify the Central Arbitration Committee (CAC) once an agreement has been made; and 

    • the various time frames. 

The Government proposes that an employer has five working days to consider a request for access from a union, 15 working days to negotiate this agreement prior to the CAC being involved and 25 working days (after an access request has been submitted) for one of the parties to request that the CAC decide on access. 

  • CAC determinations - if a decision cannot be reached, then the CAC will decide whether access will be granted. If it is granted, the CAC will then specify the terms of that access. The consultation addresses the factors the CAC should take into consideration when making its decision in accordance with the access principles, which are outlined in the ERB. These factors will be published in regulations alongside statutory guidance.  

    Factors the consultation addresses are: 

    • whether employers with fewer than 21 employees should be exempt from the new right of access, or if no exemptions, whether the size of the employer is a relevant factor;

    • the five working day notice period of CAC decision for employers before access; and

    • Access agreements - these should be for a maximum of two years. 

    It then goes onto address circumstances where it would be reasonable for access NOT to be granted. These may cover examples such as where there is already a recognised union representing the group of workers, where access is being requested or where an employer would have to allocate an unreasonable number of resources to fulfil the access request. The Government also floats the idea of ‘model agreements’. Two specific terms it intends to include are the frequency of access, weekly is reasonable and notice periods for access. 

  • Fines for non-compliance - the last section deals with the implications of not complying with the statutory regime.  A maximum penalty of £75,000 is suggested, with up to £150,000 for repeated breaches. 

Statement of right to join a union

The Government's intention is apparent in the introduction to the consultation; they want to strengthen employees' voices and enhance their representation. Every worker will be given a statement from their employer making it clear that they have a legal right to join a union.  

The consultation covers:

  • The content of the statement - the Government propose it includes an overview of the function of a trade union, a summary of statutory rights, e.g. not to suffer a detriment, a list of any recognised trade unions and a signpost to a government website with a list of trade unions.
  • The form of the statement - the Government ask whether they should provide a standard statement, or whether this should be drafted by the employer according to the details outlined above. The Government prefers the first option.  
  • The manner in which delivered to new staff - direct or indirect - direct delivery is alongside the section 1 statement by email or letter (important to note it's not part of the statement but rather alongside), or indirect delivery by posting on notice board or portal on the internet. The Government prefers the former as it ensures that all staff see the information.  
  • The manner in which delivered to existing staff - direct or indirect - the consultation notes ‘subsequent occasions when the statement must be provided’ and again addresses whether that be delivered directly or indirectly, and if the latter, whether there should be a reminder. The Government propose that it be done either indirectly or directly according to the organisation's structure and needs.
  • How often does this statement need to be delivered to existing workers - this provision takes the duty further than what we had expected, as it appears to be an ongoing duty to remind staff of their union rights. The Government suggests a six-monthly update, an annual update or a sector-specific frequency. The Government proposes the annual reminder through direct methods to existing employers, although it notes that if it takes the indirect route, then annual reminders will be required.    

What should we do?

  • Read the consultations and be aware of what the Government is proposing.
  • Consider the impact of these changes on your organisation; if it’s the administrative burden, then start to address how that can be managed, if it’s a concern regarding more active unions, consider what can be done to improve employee representation at the moment or whether a voluntary access agreement with a union is possible.
  • Respond with information and input either individually or as part of an umbrella organisation to impact the Government’s plans. Both consultations close on 18th December 2025.
  • You can also read our blog post on the impact on the housing sector and our blog post on the impact of further trade union measures for the local government sector.
  • Visit our Employment Rights Bill Hub for further details on the ERB.  
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