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

Kate Dearden Excerpts

Wednesday 9th September 2026 General Committees

[The Minister for the Future of Work (Kate Dearden)]

I beg to move,

That the Committee has considered the draft Code of Practice on the Right of Trade Unions to Access Workplaces.

[The Chair]

With this it will be convenient to consider the draft Trade Unions (Right to Access Workplaces) Regulations 2026.

[Kate Dearden]

It is a pleasure to serve under your chairmanship this afternoon, Mr Stringer.

These regulations were laid before the House on 6 July 2026. The Employment Rights Act 2025 established, for the first time in Great Britain, a statutory framework through which independent trade unions and employers can negotiate agreements for access to workplaces. At present, trade unions have no general independent right of access to workplaces. Where unions cannot reach a voluntary agreement with an employer, they can act only through individual members in a workplace, which can limit their ability to represent workers and facilitate collective bargaining.

The new statutory framework enables unions to access workplaces physically and to communicate with workers, both in person and digitally. It will benefit workers, employers and trade unions alike by supporting constructive engagement, providing greater certainty and creating clearer routes to resolution where access agreements cannot be reached.

The right of access is underpinned by access principles established by the 2025 Act. Those principles recognise that trade union officials should be able to communicate effectively with workers for the statutory access purposes, that employers should take reasonable steps to facilitate access, and that access should be refused entirely only where it is reasonable in all the circumstances to do so.

The framework encourages employers and trade unions to first reach access agreements through discussion and negotiation. However, where that is not possible via negotiation, the framework enables the union or employer to refer the case to the Central Arbitration Committee, known as the CAC, for a determination on whether access should be granted and on what terms.

The regulations before the Committee provide the practical and operational detail needed for the framework to operate effectively. They establish the procedures for access requests and negotiations, set out the matters the CAC must consider when determining applications, and establish the enforcement framework where statutory access agreements are breached. The accompanying draft code of practice supports employers and trade unions on how the framework should operate in practice, including requests for access, negotiations, digital access and enforcement.

Turning to specific matters included in the regulations, part 3 of the regulations provides that the CAC must refuse an application for statutory access where the employer has fewer than 21 workers. That threshold aligns the access framework with the existing statutory recognition regime in the Trade Union and Labour Relations (Consolidation) Act 1992. Applying a consistent threshold across those closely related frameworks provides greater clarity for employers, workers, unions and the CAC, while recognising the operational and administrative challenges that the smallest employers may face. That is why employers with fewer than 21 workers fall outside the scope of CAC-imposed access agreements.

Regarding the practical operation of access agreements, the Government have been clear that access must operate in a way that is compatible with the legitimate operational needs of employers. Access is therefore not unrestricted and cannot unreasonably interfere with an employer’s operation. Access will take place under an agreement setting out where, when and how it may be exercised.

Union officials will need to take account of relevant operational, health, safety, security and safeguarding requirements. Part 3 of the regulations sets out certain circumstances where it is to be regarded as reasonable for the CAC to refuse access, and circumstances where access must be refused altogether, including where the CAC considers that necessary in the interests of national security or to avoid prejudice to the prevention, detection or prosecution of criminal offences.

We recognise that different workplaces face different operational realities. What may be appropriate in an office environment may not be appropriate in a customer-facing business, on a construction site or in a high-security workplace. The framework therefore requires access agreements to reflect the circumstances of the workplace concerned.

I turn to frequency of access. Part 3 of the regulations and the draft code identify weekly access as one of the model access terms. The Government’s view is that access agreements should provide a genuine opportunity for trade unions to communicate with workers, rather than access being so infrequent that its practical value is limited. The Government consider weekly access to provide an appropriate level of regularity to support effective engagement between trade unions and workers. It helps to maintain continuity of engagement, increases the likelihood that union representatives can reach workers across different shifts and working patterns and provides employers with a predictable and structured pattern of engagement. Weekly access is not mandatory, and trade unions and employers remain free to negotiate arrangements that reflect the circumstances of the workplace and the workforce concerned.

Part 4 of the regulations specifies the maximum financial penalties that the CAC may impose on the liable party and the factors it must consider when determining the exact penalty amount. It is important to emphasise that financial penalties are not available at the initial complaint stage, and the framework is designed first to provide the liable party with the opportunity to remedy their actions and secure compliance. The CAC may require the liable party to take specified steps to ensure that access takes place in accordance with the agreement.

Financial penalties become available only where there is subsequent non-compliance after the CAC has already intervened. The framework adopts a graduated approach. The maximum penalty is £75,000 for a first penalty order, £150,000 for a second and £500,000 for subsequent penalty orders under the same access agreement. These are maximum amounts, not automatic penalties, and the CAC must consider factors including the nature and gravity of the breach and the number of workers affected. That ensures that penalties can be tailored to the particular circumstances of the case, while providing the CAC with meaningful powers to address deliberate and repeated non-compliance where necessary.

The Government are committed to ensuring that the new access framework operates effectively in practice. That is why, alongside the statutory review requirements contained in the regulations, we have committed to reviewing the operation of the framework within six months of implementation. The review will consider how the framework is functioning in practice, in consultation with trade unions, employers and the CAC.

The regulations and the code of practice establish the operational and procedural framework for a new statutory right of access and establish clear routes for determination and enforcement where agreement cannot be reached or an agreement is subsequently breached. Crucially, the framework enables unions to engage with workers in person or digitally for the purposes of representation, support, recruitment, organisation, and collective bargaining and delivers on our commitment to strengthen fair and constructive industrial relations as part of our plan to make work pay. I therefore commend the regulations and the code of practice to the Committee.

[The Chair]

To clarify, the debate is on both instruments. At the end of the debate, the Committee will vote on the first instrument. I will then ask the Minister to move the second instrument formally, and we will vote on that.

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[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 for his intervention, which is appreciated. I outlined the rationale for the threshold aligning with the statutory recognition framework. Below the 21-worker threshold, they are still voluntary, and many trade unions are recognising smaller and micro employers. Where we can encourage good co-operation and working with trade unions, we will always do that.

As I said, SMEs in particular are the backbone of our economy—I come from a small business family and know just how hard small businesses work, day in, day out for our communities and in all our constituencies.

[Grahame Morris]

I am grateful for the Minister’s engagement, but can I point out a practical problem in the context of seafarers? With the vast majority of the merchant fleet not flagged with GB owners, the problem—including on the ferries and so on that are working out of British ports for more than 120 days a year—is that there is a relatively small number of UK-based seafarers, perhaps fewer than 21, among the complement of a crew. The Government have set that arbitrary figure, and I can understand what the Minister is saying in relation to small businesses more generally on terra firma, but I think a bit of flexibility needs to be applied in the maritime setting.

While I am on my feet—forgive me, Mr Stringer; I do not want to interrupt again—we are seeking assurances in relation to that threshold and the fines that were being applied. If the Minister is unable to give that assurance within the context of these statutory instruments, could we could press for a meeting with the Minister so that we can explore the options that might be available?

[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.

[Jen Craft]

Queen Victoria Seafarers Rest, an organisation in my constituency, does excellent work with seafarers. It has shared some truly horrific stories about conditions on board falling below what we would expect. It has flagged that those conditions can stray into the realm of violence against women and girls. Without adequate protections for UK seafarers—particularly women seafarers—we risk making the situation worse. I would be very grateful if the Minister met me and Queen Victoria Seafarers Rest in my patch to talk about some of those things.

[Kate Dearden]

I can absolutely commit to following up and meeting my hon. Friend, her constituents and those involved. I thank her for making me aware of that issue in Committee.

[John Cooper (Dumfries and Galloway) (Con)]

I declare my union activity as a former member of the National Union of Journalists. I do not miss it at all; it did nothing for me and took money out of my wages. My father was a marine engineer, and when he joined British Petroleum in the ’60s, the number of British-flagged ships that BP had alone was greater than the entire number of British-flagged ships in the modern era. If the Government are so concerned about British sailors on British ships, should they be looking at the way British ships are registered? Other countries use their systems to generate revenue, while registering a ship in this country is a very expensive burden. Should we be looking at how to get more ships under the red ensign?

[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.

[Bradley Thomas]

On a point of order, Mr Stringer. My hon. Friend the Member for Chester South and Eddisbury, who is sat next to me, does not appear on the cast list. How does that affect the vote?