Committee publication · Correspondence · 15 July 2026
Letter from the Minister for Employment Rights and Consumer Protection relating to Statutory Instruments on trade union access under the Employment Rights Act, 6 July 2026
From: Business and Trade Committee
Inquiry: Employment rights
Summary
Minister Kate Dearden informs the Business and Trade Committee that the Government has laid two Statutory Instruments and a draft Code of Practice to operationalise trade union workplace access rights under the Employment Rights Act 2025. The instruments set out practical provisions for physical and digital access, employer response timelines, Central Arbitration Committee procedures, enforcement mechanisms, and access agreement terms (capped at 2 years). Implementation is planned for October 2026.
Key findings
- Two Statutory Instruments establish operational framework for trade union right of access to workplaces, both physical and digital, under the Employment Rights Act 2025.
- Access agreements must be capped at 2 years duration and access may be permitted on a weekly basis unless agreed otherwise.
- Framework includes CAC application procedures for disputes, enforcement provisions with penalties for breaches, and specified timelines for employer responses to access requests and agreement negotiations.
- Draft Code of Practice provides guidance on implementation but introduces no substantive policy changes.
- Instruments and Code subject to Parliamentary scrutiny with scheduled debates; planned force date October 2026.
Tone
ProceduralTopics
Key actors
Kate Dearden MP, Liam Byrne MP, Department for Business and Trade, Central Arbitration Committee, Trade unions, Employers
Notable line
“… an access agreement must be capped at 2 years and making clear that access should can be permitted on a weekly basis. unless agreed otherwise.”
Key Quotes
“The Plan to Make Work Pay sets out an ambitious agenda to ensure employment rights are fit for a modern economy, empowering working people and supporting economic growth.”
“… the Government has today laid before Parliament two Statu- tory Instruments, alongside a draft Code of Practice, to support the effective operation of this new ac- cess framework.”
“The Code provides practical guidance on the op- eration of the trade union right of access, supporting employers, trade unions and workers in under- standing how the framework should operate in practice.”
Source · parliament.uk record ↗