Draft Code of Practice on the Right of Trade Unions to Access Workplaces; Draft Trade Unions (Right to Access Workplaces) Regulations 2026

Gareth Snell Excerpts

Wednesday 9th September 2026 General Committees

[Kate Dearden]

I thank all colleagues for their contributions during this debate; they are very much appreciated. The scrutiny offered has been constructive too, so I thank all colleagues for their speeches and interventions.

I will start off with the reflections from the shadow Minister, the hon. Member for Bromsgrove, particularly around growth. As a principle and a starting point, the argument that workers’ rights are bad for growth is just a false choice. A modern economy needs productive workplaces; it needs good communication and a workforce who feel that their voice has been heard. This framework supports those things. That is exactly what we are discussing today.

We are asking business to engage with a lawful process, with clear rules and safeguards; I hope that my introductory speech outlined many of those in detail. The draft code is designed to make access practical, exactly for that purpose: it encourages those voluntary agreements first and provides a clear route to resolve disagreements where they cannot be reached.

Good employment relations are the foundation of productivity for our country. We truly believe that the two go hand in hand in terms of growth, workers’ rights and building our economy. The shadow Minister referenced SMEs in particular, and I thank him for doing so.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I would like to declare an interest as the vice-chair of the Unison group of MPs. The Minister rightly says that it is a false choice between good employment relations or growing the economy. Would she also accept that it is a false choice to say that people in a company with more than 21 employees should have access rights and those with fewer than 21 should not? That is still a choice by the Government and it suggests that workers in smaller companies are somehow less likely to be exploited by their employers than those in larger companies.

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[Kate Dearden]

I thank my hon. Friend and promise him that I will get to his points—particularly on seafarers as well as the wider review—shortly. I will respond and touch on a lot of those points, and I hope that colleagues always know that I am available for conversations on all areas of my brief.

The shadow Minister raised small businesses. I have touched on how important they are and how committed we are to working with them, whether under the Employment Rights Act or across our Department and Government. On the ERA, as he mentioned, we are working closely with SMEs, particularly on the consultations. We are hearing their views and their considerations are essential to all our work. We are providing that guidance and working closely with ACAS to provide training, support and resources.

The phased implementation has been really important throughout the past two years in terms of guidance of when changes will be introduced under the Employment Rights Act. We are absolutely committed to working closely with our small businesses, which are the backbone of our economy. In addition, we are giving them support, whether it is in small business strategy, the work we are doing on payments, access to finance or open opportunities for exports and trade. We are always keen to work with our small businesses and give them the support that they need.

Before I respond to the contribution from colleagues on my side of the Committee, for which I thank them again, I want to say that the Conservatives often talk about workers’ rights. The shadow Minister, the hon. Member for Bromsgrove, mentioned the pro-worker, pro-business angle, which I have addressed consistently in the approach to this legislation, but he mentioned workers’ rights as though they are a threat to business. As discussed in detail in a delegated legislation Committee yesterday, good employment relations are a sign of strength and a successful economy. That is part of our promise to strengthen workers’ rights. These regulations give trade unions the proper power and ability to organise, while keeping the clear safeguards that I mentioned in my opening remarks. That is how we have arrived at a sensible and proportionate framework.

I thank my hon. Friends, who raised a number of issues. I absolutely share their ambition for a strong and effective right of access. These regulations are an important part of making that right real. We will judge the framework on whether it helps workers to organise in practice and gives them a meaningful route to deliver the policy objectives set out in the Employment Rights Act, which many colleagues have spoken about today.

Engaging with workers for those statutory access purposes is essential. That is why, as I mentioned in my opening remarks, we have committed to a review within six months of implementation. It will look at many of the practical issues that colleagues have raised, including the operation of the enforcement regime, and whether the penalty regime remains proportionate and effective in encouraging compliance.

[Gareth Snell]

The Minister says that there will be a review within six months, but can she be clearer to give us certainty? Will it start within six months or will it have concluded within six months? If it starts within six months, how long does she anticipate it will take? I am sadly old enough to remember Government reviews that started within six months and took two and a half years. As she knows, I nag her about others on her desk that have been there for two and a half years. When will we get the outcome of the review? The review itself is important, but we will all be more interested in the consequences of any changes that come from it.

[Kate Dearden]

We have committed to reviewing the framework within six months of implementation, and I will work closely with my hon. Friend on the timeline and what the review will look like. I know that, like other hon. Members, he is keen to be kept updated on that. I commit to working closely with him on it, and to providing him with updates as much as I can. The review will consider the 21-worker threshold, CAC decision making, model terms, digital access and joint applications. I thank hon. Members for the points they raised on that.

I thank hon. Members for mentioning seafarers, and particularly the concerns raised by the RMT. As a starting point, I am happy to commit to engaging further with colleagues and with maritime trade unions on access provisions.

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[Kate Dearden]

I am sure that the hon. Gentleman has raised his concerns directly with the Minister responsible for that sector.

In respect of the access requirement, I hope that hon. Members have heard my commitment to follow up and engage with them further. That invitation extends to our engagement with maritime trade unions on access provisions, particularly in the context of seafarers and merchant shipping with a close connection to the UK. I absolutely commit to that today, and it will form part of the review following implementation. Through our wider employment rights legislation, we are absolutely committed to protecting the working conditions of those working abroad, with international services frequently calling at UK ports. I hope that hon. Members welcome the reassurance on follow-up and review.

I have covered lots of hon. Members’ questions, but I am always happy to follow up. I hope the Committee agrees that the regulations and the accompanying code of practice strike the appropriate balance. We commit to further follow-up in reviewing how the legislation plays out in practice, so as to absolutely meet the intention outlined in the Act.

[Gareth Snell]

The Minister has not touched on the cap on fines for big companies. Does she think that is sufficient? Amazon’s turnover this year was £30 billion—that is 30,000 million. The maximum fine that it could get in a calendar year is half a million pounds—one sixty-thousandth of its turnover. That is the equivalent of MPs being fined £1.50 of our parliamentary salary. Does she honestly believe that level of potential fine to be a deterrent from bad behaviour?

[Kate Dearden]

I hope that my hon. Friend heard that, in the review, we will absolutely focus on the enforcement regime, including whether the penalty regime he mentions—and the example that he refers to—remains proportionate and effective in encouraging compliance. It is important that we build that into the review. Let us see how it works in practice. Clearly, where the CAC needs further support, we will review that. Seeing how the policy plays out in practice will form an essential part of our review.

As I have mentioned, we are absolutely committed to ensuring that the new rights operate effectively in the workplace, and the review is a key part of that. This is an essential and significant moment in industrial relations across the UK. We want to foster good practice. I am grateful to everyone who has contributed to the consultations, and worked with me and my brilliant officials in the Department, to ensure that the regulations could be brought to the House today and come into effect next month.

We want to ensure that the legislation is effective, proportionate and suited to the realities of modern workplaces. It is a shame that the Conservatives cannot support us today. My question for them is: do they believe that workers should be able to hear from an independent trade union in their workplace? That is exactly what the legislation is about. I commend the regulations and the code of practice to the Committee.