Updated Code of Practice on Trade Union Recognition Welcomed

From 30th October 2026, trade unions have been given a statutory right to access workplaces through the Employment Rights Act 2025.

The Act made several changes to the union recognition process, and the accompanying Code of Practice has been updated to reflect this. New updates to the Code should allow unions to negotiate workplace access agreements with more ease.

Included in the Code is the requirement for unions to submit a physical or digital request to employers when they want to access their workplace. The guidance details the process by which an agreement can be reached by both sides.

Welcoming this change, General Secretary Alasdair McDiarmid said:

“Historically speaking, securing workplace recognition has been a difficult and drawn-out process. This will change significantly now that unions have a statutory right of access to the workplace.

“The updated Code of Practice serves to strengthen trade unionism. Clearer rules around access rights will make the entire process a lot more straightforward.”

What are the key reforms?

• Independent trade unions have a new right to access workplaces and engage with workers, either in-person or digitally.
• Employers must provide their workers with a statement informing them of their right to join a trade union at the start of their employment.
• Rules around unfair practices (actions by an employer or union intended to influence the outcome of a recognition ballot), will apply from the point the Central Arbitration Committee (CAC) approves a recognition application. Unions will be able to seek access to the workforce at this point as well.
• Negotiations around a union’s access to the workforce will be reduced to 15 working days, though this could be extended if the union and employer agree to it.
• Employers will have a duty to give reasonable time off to union equality representatives. They will also be expected to provide them with reasonable access to accommodation for the purpose of their duties.
• Employers will be banned from treating workers unfairly where the aim is to penalise, prevent or deter them from taking protected industrial action.

What do the new access rights mean for union reps?

• Union reps will be able to engage with workers in non-union areas, including the workplace.
• They will also be able to organise more effectively and gain new opportunities to communicate directly with workers.
• Reps will be able to challenge unreasonable refusals of access to the workplace as the framework allows for access disputes to be considered by the CAC.