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Two consultations have been published on changes to trade union law set out in the Employment Rights Bill. These give a useful steer on the government’s preferred options – although some key details remain unknown.
The two consultations set out more detail on proposals for union access rights and the new duty to inform workers about their right to join a union, and are open for responses until 18 December 2025. In the Implementation Roadmap published in July, the government indicated that both sets of changes would come into effect in October 2026.
Union access rights
The Employment Rights Bill will introduce a new right for trade unions to access workplaces for campaigning and organising purposes. The Bill outlines a complex new legal framework through which unions will be able to request voluntary access from employers, failing which they will then be able to apply to the CAC to order access arrangements. Access for these purposes can include physical access to premises and/or electronic access to workers through digital communications. However, as key details will be set out in secondary legislation and a statutory Code of Practice, up to now we’ve had limited information about what this new right will mean in practice for employers.
The consultation document provides welcome new information about the right of access, setting out the government’s proposals on requesting and negotiating an access agreement, factors the CAC must take into account when determining...
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