The UK government has published a consultation on a draft statutory Code of Practice on trade unions’ right of access to workplaces. The draft Code of Practice was published on 8 April 2026, with the consultation closing on 20 May 2026. These proposals signal a fundamental shift in the landscape of trade union access — one that employers need to prepare for now.
This post summarises the key proposals, highlights what has changed and sets out practical steps employers should be taking in readiness for the new framework.
Background
Under the current legal framework, trade unions do not have a general independent right to access workplaces. In practice, access has relied on voluntary arrangements between employers and unions, or on the presence of individual union members within a workplace.
The Employment Rights Act 2025 introduces a statutory right for independent trade unions to access workplaces — both physically and digitally — for the purposes of meeting, supporting, representing, recruiting or organising workers and facilitating collective bargaining. Crucially, the access purposes do not include organising industrial action.
Key Proposals in the Draft Code of Practice
Who Can Apply and to Which Workplaces?: Any trade union that has a certificate of independence can apply for access to a workplace. The CAC will refuse access requests where the employer has fewer than 21 workers, with that threshold applied to the overarching company (using the “associated employer”...
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