Trade Union Workplace Access Code consultation now open – Have your say

On 8 April 2026, the Government released a draft Code of Practice on the Right of Trade Unions to Access Workplaces, alongside a public consultation that is now open for responses. This is not a minor update; it signals a significant shift in how unions will be able to engage directly with your workforce.

The draft Code sits under the Employment Rights Act 2025, which contains key provisions due to come into force in October 2026. This will require employers to agree both physical and digital access agreements with recognised Trade Unions.

Once finalised, the Code will be the central point of practical guidance on how these new access rights should operate in practice.

The draft Code sets clear expectations on:

• The process for trade unions to request access
• How employers and unions should negotiate and implement access agreements across depots, yards, and multi-site operations
• When and how unresolved negotiations can be referred to the Central Arbitration Committee (CAC) for determination
• How the CAC will determine whether access should be granted, including the principles and factors it must take into account

From fleet depots to remote operating sites, Unions will have stronger, more direct routes into your workplace to engage directly with workers.

Operators will be expected to:

• respond promptly to formal access requests
• engage constructively in negotiations in good faith
• justify any refusal or limitation of access
• participate in CAC proceedings where agreement cannot be reached

Now is the time to understand the framework and consider its practical implications for your operations, staffing structures and HR processes.

The consultation is now open and runs until 20 May 2026 and invites input from all affected sectors. We would urge all members to take this opportunity to share their views and help shape the final version of the Code. To respond online, fill out the survey HERE.

If you are an RHA Legal Services member and think your business could be affected by the new draft Code of Practice, contract Backhouse Jones’s employment law specialists who will help you understand the requirements and prepare for compliance.