(1 day, 16 hours ago)
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I beg to move,
That this House has considered trade union access to workplaces.
It is a pleasure to serve under your chairship, Mr Twigg. I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests in relation to support from trade unions.
It is important to open with some stark context. The 14 years of austerity between 2010 and 2024 forced down real wages in the UK, a setback from which many working families are still recovering. That came atop a 40-year structural decline in the share of national wealth going to labour, coinciding with the erosion of trade union rights and with declining membership and falling union density. Against that backdrop, the most urgent task of the Labour Government is clear: raising living standards. Trade unions are central to that mission. They are the vehicle through which better pay, safer working conditions and fairer workplaces can be achieved. Equipping them effectively is fundamental to restoring balance.
I commend the hon. Gentleman for securing the debate. I want to tell a short story very quickly, for the record. When as a 20-year-old I went to work for Henry Denny in Belfast, the guy says to me, “You have to be a member of the union.” I said, “I’m not so sure whether I want to be or not.” He said, “It’s compulsory.” What I learned then was that trade unions protect the workers. They ensure workers get their wages, and if workers have any problems with management, they are always there. Being a member of a trade union? I would recommend it.
The hon. Gentleman is perfectly right. It may have been compulsory, but it is certainly one of the better decisions that he has ever made.
The problem of trade union access to workplaces is long-standing. Employers have often restricted union representatives from entering their sites, particularly in high-profile industrial settings. The GMB’s attempt to access Amazon’s Coventry warehouse during its 2024 recognition ballot was met with resistance, highlighting the barriers that unions face even when legally seeking to organise.
I hugely thank my hon. Friend for the work, effort and determination that he put into seeing the Employment Rights Bill through the Commons—absolutely outstanding work. On access to the workplace, does he agree that any individual who wants to speak to a trade union or union representative in the workplace, or perhaps even digitally, should have the opportunity to do so, and that it is only bad employers who have something to fear?
My hon. Friend makes an excellent point, and I thank him for his kind comments. I will return to the issue of digital access shortly.
I am grateful to my hon. Friend for securing this important debate. I draw attention to my chairship of the GMB parliamentary group. I am glad that he mentioned GMB’s frustrations with Amazon. Another sector in which that union and other unions have been frustrated is social care, which has been fragmented for three decades now. Does he agree that having a strong general statutory right of access must be complemented with an enhanced right of access under the forthcoming fair pay agreement in social care?
My hon. Friend is absolutely right. The fair pay agreement architecture gives us a real opportunity to enhance the provisions.
I am grateful to the hon. Gentleman for bringing this debate to the House. I commend the University and College Union, which was incredibly supportive to me and my colleagues in my former life as an academic. It was only because our employer was decent that it was able to have access to our campus site. I join the hon. Gentleman in condemning those organisations who refuse access for the vital work of unions.
I am grateful for the hon. Gentleman’s timely intervention. We know that in schools, the National Education Union and the NASUWT union face obstacles from multi-academy trusts such as the Harris Federation, where access is often limited to outside working hours, when staff are rushing home to pick up children, curtailing union engagement.
Under the responsibility of the Cabinet Office, the MyCSP civil service pension provider refuses to recognise the Public and Commercial Services union or allow it into workplaces to meet members. That dispute is now in its 15th week. The lack of recognition is a situation that must end under a new wave of insourcing and public interest-led procurement. On Teesworks, union access has been blocked by local employers, with tragic health and safety incidents underscoring the consequences of absent oversight.
Until now, UK law has offered no guaranteed legal right of access, relying instead on voluntary agreements or ad hoc arrangements. Even if a Central Arbitration Committee decision is issued, compliance by employers is not guaranteed. Historical parallels include the Information and Consultation of Employees Regulations 2004, which quickly became ineffective because of weak penalties and no means of compelling employer compliance. The lack of a legally binding enforcement mechanism creates a scenario in which unions may abandon attempts to secure access, undermining workers’ rights and collective representation.
I thank my hon. Friend for securing this important debate. Does he agree that in sectors such as social care, which are facing recruitment and retention crises, better trade union access would improve working conditions and staff retention, which ultimately is only for the better for good employers?
My hon. Friend makes an apposite point. We hear constantly about the crises of recruitment and retention in our core public services, among others. Only by strengthening workers’ access to trade union representation will we ever conquer the rolling crisis across our economy. It is an important point.
I very much welcome the Employment Rights Bill for establishing statutory procedures for union access. It was an important part of our discussions when we formulated the new deal for working people, ably aided and abetted by the Minister, for which I am eternally grateful. Clause 63 will allow unions and employers to negotiate access agreements, permitting union representatives to enter workplaces for recruitment, organisation, the support of members and potentially collective bargaining. The Bill will require employers to respond within a defined negotiation period, with the CAC empowered to determine access terms where agreement cannot be reached.
I thank my hon. Friend for securing this really important debate; I refer Members to my entry in the register of interests. Does he agree that trade union access will increase collective bargaining, which drives up pay and conditions for our constituents?
My hon. Friend is absolutely right. The decline in trade union penetration of the economy is consistent with the stagnation in wages. If we are to turn the issue around, these recognitions and collective bargaining processes have to be given their full voice.
The Bill also acknowledges the need for facility time for union representatives, providing paid time for duties. The Business and Trade Committee welcomed the statutory right of access, but urged that it explicitly include digital channels. It also endorsed the GMB’s call for template agreements to speed up negotiations.
I am grateful to my hon. Friend not only for his incredible work to advance employment rights, but for securing today’s debate; I refer to my entry in the register of interests, having spent many an hour on street corners trying to get information to workers about trade unions. Does my hon. Friend agree that digital access needs to be directly with the worker—not via the employer, who could oversee it—and that any reciprocal communication with the union needs to be free from the scrutiny of employers?
My hon. Friend is absolutely right. I am sure that she has in mind the Amazon debacle in Coventry, where that issue was at play. I thank her and all my hon. Friends for their consistent application to this agenda over many years. It is now bearing fruit.
Concerns remain about the enforceability of access, as some employers may refuse to comply with CAC decisions, creating incentives to disrupt legitimate access. The Chartered Institute of Personnel and Development has called for the CAC to be adequately resourced. Labour pledged to act to ensure that union members and workers are able to access a union at work. In a written ministerial statement in March 2025, the Government said that they would implement
“a fast-track route for achieving an ‘off-the-shelf’ access agreement where certain conditions are met, alongside a mechanism to ensure there are robust penalties in place for non-compliance.”
Access rights will mostly be detailed in secondary legislation.
Future regulations must genuinely deliver the Government’s promise of a meaningful right of access. That includes ensuring that the right is enforceable, as union-busting employers and their lawyers will exploit any gaps. Unions want to ensure that provisions are as strong as possible. Face-to-face communication remains the most effective way for unions to recruit and organise. Robust penalties are needed so that employers cannot price refusal in. Far too often, we have seen employers pricing in the breach of provisions as simply the cost of doing business. We cannot permit that.
Debates in Committee and wider parliamentary discussions have reiterated those points. Witnesses stressed the importance of digital access, reasonable notice, clarity over dwellings and enforceable CAC determinations. Amendments clarified that only independent trade unions certified by the certification officer could exercise statutory access rights, preventing employers from using non-independent sweetheart unions. The CAC is empowered to adjudicate disputes, but unions still bear the cost of pursuing penalties through the employment appeal tribunals, and fines are payable to the Government, rather than the union. That creates a risk that enforcement will remain weak.
Trade union experiences illustrate the stakes. The GMB’s efforts to engage with Amazon, Harris Federation schools and Teesworks highlight the fact that lack of access can hinder collective bargaining, prevent timely health and safety oversight, and reduce wages and protections. Access to care homes will be critical as fair pay agreements are rolled out to ensure that low-paid workers gain union representation and negotiate fair terms.
I tabled a new clause to amend the Bill on Report to address enforcement and clarify gaps. It would have established a clear statutory right of access for independent trade unions. It would have broadened the Bill’s purpose to include recruitment, representation and bargaining. It would also have set reasonable notice requirements, with provision for urgent cases, and defined access conditions guided by Advisory, Conciliation and Arbitration Service codes.
The new clause would have clarified access to dwellings by allowing suitable alternative arrangements. It would have introduced a genuine enforcement mechanism by allowing CAC orders to be enforceable as High Court injunctions, and it would have established transparent penalty-setting criteria based on the gravity and duration of non-compliance. Finally, it would have integrated the new rights with existing law and ACAS guidance. Had it been adopted, it would have significantly strengthened the Bill and created a practically enforceable framework. I urge the Government to adopt similar measures to ensure that statutory access rights are truly effective across sectors.
It is very welcome that Matthew Taylor has been appointed to chair the Fair Work Agency. His knowledge of workplace relations informed the new deal for working people. We must ensure that the agency is adequately resourced and empowered to monitor, oversee and enforce union access effectively. Without sufficient funding and staffing, statutory provisions risk becoming symbolic rather than operational.
Historical international context underlines the stakes. In 2006 and 2008, the International Labour Organisation’s committee of experts noted that the UK did not consistently uphold convention 87, the global standard that protects workers’ freedom to form and join trade unions of their choosing, and that ensures unions can run their affairs freely. A constant theme of this debate is just how far removed the United Kingdom has been from its ILO obligations. I trust that this Government will not overlook them in the way that previous Governments have.
Union officials cannot always access workplaces to support members in disciplinary or grievance hearings, and recognition ballots offer only limited access. The Employment Rights Bill attempts to remedy that by granting broader statutory rights but, as the Bill is drafted, an employer can still veto entry, leaving unions and workers without recourse. ILO recommendation 143 makes it clear that union representatives who do not work for a particular company should still be allowed to enter the workplace to meet and represent union members. Those messages have to be communicated to employers who seem to want to resist that on occasion.
The only effective way to honour the commitment in the new deal for working people would be a free-standing right of entry, underpinned by injunctive relief to secure entry in cases of unreasonable refusal. Where that is not possible, CAC orders should at least be enforceable as High Court injunctions, and penalties should accrue to the union—I cannot stress enough the importance of that happening. Such measures would align the UK with international labour standards and strengthen the practical impact of statutory access.
The Employment Rights Bill is an important milestone, but it must be part of a wider strategy to raise living standards and restore labour’s share of wealth. Trade unions are central to that mission, providing the infrastructure through which workers can secure better pay, safer workplaces and a stronger voice. The Bill’s success depends on ensuring that access rights are clear, enforceable and adaptable to modern workplaces. By empowering unions with enforceable rights, reasonable conditions and clear penalties, the Government can equip the trade union movement to deliver real improvements. This is not simply procedural; it is a question of economic justice and social equity.
As we look forward, the Labour Government’s task is to reverse decades of declining real wages, expand union influence and ensure workers share in the benefits of productivity and growth. Statutory access is not an end in itself; it is a tool for delivering broader goals. With proper enforcement, digital provisions and resourcing, unions can represent members effectively, negotiate fair pay and improve conditions across all sectors. By doing so, we will ensure the recovery from austerity and the reversal of the erosion of labour’s share of wealth in a way that is meaningful and sustained.
It is a pleasure to serve under your chairship, Mr Twigg. I thank my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) for securing today’s important debate—I know we say it a lot that debates are important, but this one truly is. It is close to my heart, as I know it is to my hon. Friend’s.
I thank my hon. Friend for his contributions to debates during the passage of the Employment Rights Bill, including on this specific issue. It was always a pleasure to work with him on this topic in my previous life working for a trade union for many years—in fact, I declare my entry in the Register of Members’ Financial Interests as a proud trade union member. The amendments that my hon. Friend tabled on Report, which he alluded to in his speech, demonstrate his interest in this area, and I welcome his continued commitment to a productive discussion on the topic today. I thank all other members here for their contributions and interest in this topic—not just hon. Members, but proud trade unionists and friends.
As my hon. Friend will know, the Government’s plan to make work pay and our Employment Rights Bill represent the biggest upgrade to workers’ rights in a generation. Taken together, they support our plan for change by ensuring that employment rights are fit for a modern economy, empowering working people and contributing to economic growth.
The Employment Rights Bill creates a modern, fairer labour market where workers are better protected, more empowered and supported through every stage of working life. It is pro-worker and pro-business, and it supports the Government’s objective of boosting growth and improving living standards across the country. As part of that, the Government are strengthening collective bargaining rights and trade union recognition—I want to take a moment to say how proud I am to be saying that from the Front Bench. After many years of the previous Government, who sought to weaken workers’ voices and trade union rights, we are rebuilding a culture of respect and co-operation with trade unions.
I know that my hon. Friend will agree that trade unions are essential to tackling issues of insecurity, inequality, discrimination, enforcement and low pay across the economy. The Employment Rights Bill will modernise trade union legislation, giving trade unions greater freedom to organise, represent and negotiate on behalf of their members. Strong trade unions are key partners in building a stronger, fairer economy.
A key part of our reforms in this area is the introduction of a new trade union right of access. Under existing legislation, trade unions do not have a general right of access to workplaces and can exercise their functions only through individual trade union members in the workplace or through access that has been agreed on a voluntary basis with the employer. In situations in which membership is limited and no voluntary agreement is in place, there is limited scope for trade unions to exercise their core functions within the workplace. Although the Government want employers and unions to continue to agree and use those voluntary access arrangements where possible, the Bill introduces a new right for trade unions to access the workplace in a responsible and regulated manner. That will provide certainty and clarity to all parties involved.
It is worth explaining briefly how the new right of access will work in practice, which will hopefully answer lots of my hon. Friend’s questions. Under the new right of access, an independent union can provide an employer with a request for access. That could be a request for physical access to a building or virtual access to a group of workers—such as via a Teams call—or both. My hon. Friend spoke eloquently about the importance of digital access as part of our consideration of the legislation.
If both parties agree on the terms of access between themselves, they will notify the Central Arbitration Committee to record the terms of the access agreement and proceed with the access as agreed. If no agreement can be reached within a set timeframe, the union or employer can refer the case to the CAC for a determination on whether access should be granted under the terms requested.
The CAC will make its determination on whether access should be granted in line with factors set out in secondary legislation. If the access application meets certain conditions, it will qualify for a potentially expedited route through the CAC process. The CAC will also enforce access agreements once they are in place, hearing complaints about breaches of those agreements by any party, with the power to issue fines for non-compliance.
This debate is timely, because the Government will shortly be launching a public consultation on the details of the new trade union right of access policy, including the matters that the CAC must have regard to when deciding whether access should take place and the level of fines for non-compliance with access agreements. We want to see a fair and workable access framework, so the Government strongly encourage unions and employers of all types and sizes to share their views. As I say, the Government are committed to strengthening collective bargaining rights and trade union recognition, and we see the new right of access as a key part of that.
In that light, when the CAC takes decisions on access, it will be guided by the access principles provided for in the Employment Rights Bill. Those principles set out that trade unions should be provided access to workplaces
“in any manner that does not unreasonably interfere with the employer’s business”
and that the employer
“should take reasonable steps to facilitate”
that access. They also set out that
“access should be refused entirely only where it is reasonable in all the circumstances to do so.”
The principles provide a default in favour of access, but the Government are aware that some employers may find it more difficult than others to facilitate access arrangements, and that there may be circumstances where it would not be appropriate for access to take place. That is why we will consult on the factors that the CAC should take into account when deciding on access, and consult on what the value of fines should be for non-compliance.
Does the Minister agree that it is absolutely essential that lawbreakers and bad employers are not allowed to price in any breaking of the law to the detriment of people in the workplace?
I agree with my hon. Friend, and enforcement will be really key to that. I encourage him to get involved in the consultation and to share his views on exactly that point.
The Government will review responses to those two consultation questions with interest, as we will the responses to the consultation as a whole. The consultation matters, because it is important that the implementation of the right of access works in practice, not just on paper. That is why the Government have committed to support businesses throughout the implementation of the Bill, and why we will produce a new code of practice for the policy. That will contain practical guidance on how access should take place in practice to help support employers and businesses to manage the process smoothly and effectively. The Government will consult on that code next year before the new right comes into force in October 2026.
My hon. Friend the Member for Middlesbrough and Thornaby East also mentioned enforcement, and I welcome his support for the Fair Work Agency and its newly appointed chair, Matthew Taylor. Strengthening our labour market, compliance and enforcement is absolutely key to this issue, and to our wider Employment Rights Bill.
Does the Minister agree that there are many good employers across our economy who actively engage and encourage trade union access and recognition? They could be of great service in the process that she describes for supporting other businesses as the regulations are implemented.
I could not agree more. There is brilliant practice across the country and across workplaces, with good employers and unions working together in the better interests of the workforce. That is why the Employment Rights Bill, which the Government are proud to be implementing, is such a positive step forward for workers, employers and our wider economy.
The new right of access will deliver for everybody, recognising the needs of unions and employers. Building on the good work that already exists across this country, it will deliver on our make work pay commitment to ensure access is responsible and regulated. It will also provide the opportunity for many workers to understand their rights and access trade unions, which are such a vital part of our economy.
I look forward to working closely with my hon. Friend the Member for Middlesbrough and Thornaby East and with all other hon. Members present, on both sides of the House, to deliver this positive change for the British economy. I thank my hon. Friend again for securing the debate, and I thank all other hon. Members who have contributed to it. I look forward to working with them as part of this agenda.
Question put and agreed to.