Trade union codes of practice laid before Parliament
The government has laid three codes of practice relating to trade union access rights, unfair practices during a recognition or derecognition process, and time off for trade union duties and activities.
It laid the draft code of practice on the trade unions’ right of access to workplaces before Parliament on Monday. It includes guidance on:
- how employers should respond to a request for access, and the timescale involved
- negotiating the terms of access
- how the Central Arbitration Committee makes decisions on access requests
- resolving disputes and enforcement
- and the practicalities of operating an access agreement.
Alongside the code of practice, the government published its response to the consultation on the code, held earlier this year, explaining the rationale behind various revisions.
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Paul Griffin, head of employment in EMEA at Norton Rose Fulbright: “The government’s response provides some clarity on how the new statutory trade union access regime will operate in practice, but it also underlines the significant compliance obligations employers will face once the framework comes into force.
“Employers with 21 or more workers will need robust processes to manage access requests within prescribed timeframes, negotiate access agreements in good faith, and address practical issues around workplace facilities, privacy, digital access and data protection.
“Given the Central Arbitration Committee’s enforcement powers and the potential for substantial financial penalties, employers should begin reviewing their industrial relations procedures and operational readiness well in advance of October 2026.”
The government has also laid the revised draft code of practice for access and unfair practices during the recognition and derecognition process before Parliament. This code focuses on trade union access rights, specifically during a recognition or derecognition process.
Finally, ministers laid the revised draft Acas code of practice on time off for trade union duties and activities before Parliament, which includes guidance on:
- rights to reasonable paid time off for union reps
- providing union equality reps with reasonable paid time off and related training
- providing union reps with reasonable access to accommodation and facilities to fulfil their duties.
This month, the government has launched consultations on workplace monitoring technologies and on holiday pay compliance and enforcement.
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