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Monday, May 18, 2026

Government confirms framework for statutory trade union right of access - VWV

Looking for more detail on how the Employment Rights Act could affect your organisation? Our Employment Rights Act tracker gives you a structured, up to date view of the reforms, with clear timelines, practical commentary and prompts to help you understand what is changing, when it matters, and what to do next.

Background

The government has published its response to its earlier consultation on the proposed statutory right of trade union access to workplaces, a key element of the Employment Rights Act 2025 and the wider “Make Work Pay” agenda.

The reforms are designed to address the current position, where trade unions have no general right to access workplaces and must rely on voluntary arrangements. The new framework will introduce a statutory right for independent trade unions to access workplaces, both physically and digitally, for purposes including representation, recruitment and collective bargaining.

The response follows extensive consultation with employers, trade unions and other stakeholders and confirms that detailed provisions will be implemented through secondary legislation and a statutory Code of Practice. Alongside the consultation response, a draft Code of Practice was published, and a further consultation has been opened to allow stakeholders to comment on the draft Code.

What the government has decided

The government has confirmed a structured framework governing how access will be requested, negotiated and, if necessary, determined.

Access requests and...



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