The Government has published its response to two different trade union-related consultations, as well as new regulations, as part of measures being introduced under the Employment Rights Act 2025.
Make Work Pay: draft Code of Practice on trade union right of access
The Government has used responses from a consultation, held between April–May 2026, to revise the draft Code of Practice on trade union right of access. It was laid in Parliament on 6 July 2026, alongside regulations (see below) setting out the operational and procedural details of the right of access framework. Subject to approval by both houses, the code and secondary legislation is expected to come into force in October 2026.
As a result of the feedback, several targeted changes to strengthen the code have been made. These 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 considered.
The Trade Unions (Right to Access Workplaces) (Required Information) Regulations 2026
These regulations are part of a framework of legislation that provides for access agreements between trade unions and employers. They set out how the right for trade union officials to enter workplaces will work, the form of access requests and response notices and the information to be included in them.
The regulations require trade unions making an access request to provide information on the nature of the access requested, including what type of access is being requested and a description of the details of what that access might be. This could include, e.g. provision of a room at the workplace once a week and the reasons for requesting that access.
These regulations are to be effective from 30 October 2026.
Draft Code of Practice: Access and Unfair Practices During the Recognition and Derecognition Process
The Employment Rights Act 2025 (ERA 2025) makes several changes to the statutory trade union recognition process to ensure that workers have a meaningful right to organise through trade unions and to simplify the trade union recognition process.
Before the changes can come into effect, the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process is also being updated to reflect the legislative changes. Following a period of consultation, a revised draft is now before Parliament. It is expected to come into force in October 2026.
Draft Acas code on time off for trade union duties and activities
This draft Code of Practice revises the existing Acas Code of Practice on Time Off for Trade Union Duties and Activities. It has been updated to reflect the changes to the statutory framework on the rights to time off and the provision of facilities for trade union representatives made by the ERA 2025.
The draft code was laid before Parliament in July 2026. Subject to its successful passage through Parliament, it will come into force alongside changes to the statutory framework in October 2026.
