On Trade Union Access to Workplaces
Note that this applies to the Employment Rights Bill in Great Britain and does not include provisions relevant to Northern Ireland.
Currently, trade unions do not have a general independent right of access to workplaces. They can only exercise their functions through individual trade union members or where access has been agreed voluntarily by the employer. The UK Government believes that this limits the scope of trade unions to perform their functions.
Section 63 of the Employment Rights Bill will introduce various trade union provisions including the statutory right of a trade to enter the workplace – i.e. they will not have to rely on access via members or voluntary arrangements with the employer.
On 23 October 2025, the UK Government introduced a consultation about this new statutory obligation to allow trade unions to access workplaces. Extensive secondary legislation will be needed in addition to the provisions in the Bill, soon to be enacted. The consultation is equally as extensive and covers the following:
- The form of the request – i.e. the information to be given to the employer to notify the intention to access the workplace;
- The employer response – i.e. how and when employers should respond to the request, including the grounds for refusing;
- Disputes – in the event of a dispute, there is the proposal that the Central Arbitration Committee (CAC) will decide if access should be granted and the terms of access; and
- Scope and access – i.e. what types of access should be included (physical, digital etc);
- Enforcement and sanctions - i.e. a penalty regime for employers and / or unions that breach access agreements
The consultation closes on 18 December 2025 and there are three ways in which to respond:
1. Online - https://ditresearch.eu.qualtrics.com/jfe/form/SV_0GkGNSHjZhf0ajQ
2. By E-Mail - tradeunionpolicy@businessandtrade.gov.uk ; or
3. By post – to the Trade Union Policy, Employment Rights Directorate (part of the Department for Business and Trade London)
For Bookkeepers
This is another long consultation and ICB recognises that bookkeepers will not be able to respond on behalf of clients. However, maybe clients should be made aware of this consultation.
The UK Government’s ‘Implementation Roadmap’ indicates these enhanced employment law rights will be implemented in October 2026.
