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Consultation outcome

Make Work Pay: trade union right of access

From:
Department for Business and Trade, Kate Dearden MP and The Rt Hon Peter Kyle MP
Published:
23 October 2025
Last updated:
8 April 2026 — See all updates

Applies to England, Scotland and Wales

This consultation has concluded

Read the full outcome

Government response to the consultation on trade union right of access

PDF, 882 KB, 51 pages

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Detail of outcome

This consultation invited views on the operational detail of the new statutory right of access.

The consultation received over 1,600 responses from:

  • small, medium and large employers
  • employees
  • business representative organisations
  • charities
  • trade unions

Respondents engaged extensively, and their feedback has been carefully analysed and used to inform the detail of the final statutory access framework.  This government response sets out this detail and how the right of access framework will operate in practice.

Alongside the government response, we launched a consultation on a new draft code of practice on statutory trade union access. The code provides clear, practical guidance for employers and unions on how to navigate the new framework and apply it across different types of workplaces. This consultation ran for 6 weeks from 8 April to 20 May 2026.

The revised draft code of practice was laid in Parliament on 6 July 2026, alongside secondary legislation setting out the operational and procedural details of the right of access framework. Subject to approval by both houses, the code and secondary legislation are expected to come into force in October 2026.

The consultation on the new draft code of practice webpage also includes the:

  • government response to that consultation
  • revised draft code laid before Parliament
  • explanatory memorandum to the draft code of practice laid before Parliament
  • impact assessment on trade union statutory access to workplaces

Original consultation

Summary

We're consulting on how the new legal framework for trade unions’ right of access into workplaces should work in practice. We're seeking views on the practical and operational details of the framework.

This consultation ran from
to

Consultation description

The Employment Rights Bill will introduce a new framework for trade unions to access workplaces physically, and to communicate with workers in person or digitally.  

This includes details on:

  • how unions will request access
  • how employers respond
  • factors the Central Arbitration Committee (CAC) will take into account when determining whether access should be granted and on what terms
  • how the CAC is to come to decisions on the values of fines issued for breaches of access agreements

This consultation invites views from trade unions, employers, workers, and members of the public who are likely to be affected by this new framework.

Documents

Consultation on right of trade unions to access workplaces

PDF, 540 KB, 36 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email digital@businessandtrade.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Updates to this page

Published 23 October 2025
Last updated 8 April 2026 Show all updates

  1. Government response to the consultation added to the page.

  2. First published.

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