We know that the present Government wants to increase union membership and involvement in the workplace and we know what measures in the ERA are aimed at meeting those goals. What we don't know is which of those measures (if any) will be their golden bullet. The one that shifts the balance towards more union presence and involvement.  

The right of trade unions to access workplaces - irrespective of support or membership - could be a strong contender. Following a consultation which closed on 18 December 2025, the Government has published its response and a draft code of practice and so we have more information to work from. Here's a whistlestop tour through these documents.  

The process - what do we know?

• From October 2026, independent trade unions will have a statutory right to request an agreement with employers to access a worker or a group of workers. This access can be physical or digital. The trade union making the request does not have to be a recognised trade union with the employer.
• That request (in writing) must contain the information outlined in the draft code of practice and ideally use the template suggested. Broadly speaking, it's who the union wants to access, what type of access, i.e. digital or physical, frequency of access etc. and the practicalities of the agreement.  
• The purpose of the access must be for representation, support, recruitment, organisation, and collective bargaining. The purpose cannot be organising industrial action.  
• An employer should then respond to the request (in writing), ideally using the template attached to the draft code - they can agree to all the request, some of the request or none of the request. An employer will have up to 15 working days to respond to the request.  
• If the employer agrees to all of the request, then the agreement must be lodged with the Central Arbitration Committee. If they do not agree, there is a 25 working day period for negotiation. If, after that period, no agreement can be made, a referral can be made within 15 days to the CAC for a decision. They will then decide on the terms of the access agreement, balancing the rights of the trade union to access the workplace and the employer's right to continue to operate without unreasonable interference.

Can an employer and union have a voluntary agreement?

• The code of practice states that trade unions and employers should seek voluntary access agreements before pursuing the statutory route. That process will not be governed by statutory timings nor prescribed details and so can be more flexible. However, if one party fails to adhere to the voluntary agreement, the other party has no power to enforce its terms. If an access agreement has been agreed in accordance with the statutory process and lodged with the CAC, the non-compliant party can be fined for failure to comply. 

Can there be more than one access agreement in place with more than one union?

• The Government's thinking is relatively clear on this one. There is no need for multiple unions to have access agreements with the same worker or groups of workers. The measure is to enable workers to access support should they need it from a union - it is not to provide access to a range of unions.  
• Rather than restrict the number of applications that can be made in the legislation, the Government has provided that the CAC can reasonably reject an access agreement in the following circumstances.  
  • where an employer already recognises a union which represents one or more of the workers that are subject to the access agreement (or there is an ongoing statutory recognition application)
  • where access is requested for a worker (s) and they are already the subject of an existing arrangement
  • where two access agreements are made and at least one worker falls within both, then the CAC could refuse them both.  

Will this apply to all workplaces?

• As noted above, unions do not have to demonstrate any support nor presence in a workplace should they wish to lodge an access request.  
• However, requests cannot be made to employers with 21 employees or less. It is deemed that the administrative burden of such a request would be too heavy for small employers.  
• Importantly for the health and social care sector, however, the Government will provide an ‘exception to the exemption’ in 2027 where employees are covered by sector fair pay agreements. Their argument being that if all workers are to have their views represented in the national negotiating bodies, then unions must have access to even the smallest of providers so those workers can be represented.  

What does digital access mean? 

• The code of practice notes that digital access refers to, but is not limited to, channels used by the relevant employer.
• It suggests a starting point could be an employer cascading information or union communications to their workers, that the union has suggested or could be to set up an online meeting using an existing IT platform.
• It does not permit employers to share details of their employees with the union so they could be contacted directly - this could only occur with consent from the relevant workers.

Model terms

• The Government refers to ‘model terms’ in its response. These are terms which, if included in an agreement, are likely to be agreed by the CAC should the access agreement be referred to them. These terms give an indication (albeit a brief one) of what ‘access’ will mean.
  • Access of a frequency up to weekly would be ‘model’
  • Union to give two days' notice of a visit (note that for the initial visit, five days' notice must be given)
  • Employer to take reasonable steps to make available existing accommodation and facilities for the union
  • Union to comply with reasonable instructions of the employer when visiting e.g. safeguarding/health and safety aspects etc. 

What now?

• With the statutory regime not in force until October 2026, it gives some time to address the risk of an access agreement landing on your desk at the start of the autumn.
• You may want to start looking at a voluntary agreement with a union which is already present in your organisation -  taking the voluntary route, you retain more flexibility and agency.  
• Or you may want to look at ways to improve your employee/employer relationships and your staff's experience and satisfaction and so lower the risk of any appetite for an agreement.  
• Watch out for the final version code of practice to be published later in the year and the accompanying regulations.  

Please contact us for more specific advice on any matters relating to union involvement within your workplace.