Draft Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process

Peter Fortune Excerpts

Wednesday 14th October 2026 General Committees

[Peter Fortune (Bromley and Biggin Hill) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dowd. The Conservatives opposed the Employment Rights Act at every stage of its legislative journey and remain steadfastly opposed to that Act, elements of which this code serves to implement.

The Employment Rights Act 2025 burdens employers with 330 pages of red tape: the single largest increase in employment regulation in a generation. As a direct result, we have seen reduced hiring, job cuts and huge costs to businesses. Even the Government’s own assessment of the Act admits that it will cost business billions. We are not opposed to the Employment Rights Act because we want to see workers stripped of their rights. We are opposed because of the damage it will do to businesses up and down the country.

The code of practice is one piece of a much larger picture but an important one. Before turning to that, I will touch on the consultation that the Minister mentioned. Over 920 responses were received to the Government’s consultation, with over 80% of those coming from employers and their representative organisations. On the proposals to increase the frequency of access meetings from once every 10 working days to once every five, 98% of the respondents disagreed. Some 97% of respondents disagreed with the proposal to increase the minimum meeting duration from 30 minutes to 45 minutes. When asked if the code adequately reflects digital communication in the workplace, 94% said no. On the question of whether the code adequately explains the role of the CAC, 96% said no. When asked if section D of the code provides sufficient guidance on access arrangements, 97% said no. Finally, some 96% said that the code’s unfair practices guidance was insufficient.

The consultation on the code of practice is damning. On virtually every substantive question put to the consultation respondents, the overwhelming majority of them expressed concern or disagreement, or called for a significant revision. The Minister has said that the Government listened and made amendments. I will be fair and acknowledge that some clarifications have been made, particularly on digital access. That is welcome, but on the issues that matter most to small and medium-sized businesses, the Government have noted the near-unanimous concerns of the consultation responses and chosen to disregard those concerns and force the code through against that advice.

On the duration and frequency of access meetings, I would appreciate if the Minister would outline why the overwhelming view of the consultation respondents has been ignored. Will the Minister also outline if any assessment has been made of the extra costs that employers will incur in facilitating the increased frequency of access meetings? The consultation response makes clear that the majority of respondents—57%—were from relatively small organisations of between 10 and 49 staff. Those are not large corporations with dedicated human resources and legal teams. For many businesses the code will put serious demands on time and limited resources.

On unfair practice complaints, the code makes significant shifts. The CAC will now be able to uphold unfair practice complaints without the need to show that the practice actually affected the outcome of the ballot. We recognise that the old test may have been difficult to satisfy in the time allowed, and that did lead to some genuine complaints falling, but does the Minister not think that removing the need to prove an impact on the result of the ballot risks opening the door to vexatious claims to disrupt the process? Will the Minister outline if any safeguards are in place to prevent that?

Another significant issue is that it is still unclear to many employers what constitutes unfair practice. In the consultation, employers consistently raised their concerns about the lack of clear examples and case studies of what constitutes an unfair practice and about the uncertainty that lack creates. The Government’s response stated that it was not appropriate to include examples in the code because it is the CAC’s role to make judgments on a case-by-case basis. Surely some basic examples could be provided to employers. Will the Minister outline now what an unfair practice is?

The Conservative party will continue to make the case for balanced employment rights that protect workers without unduly punishing the businesses that employ them. The code of practice fails to do that. It creates even more uncertainty for businesses and makes employing people even harder than the Employment Rights Act already made it. I look forward to hearing the Minister’s responses to my questions, but I am afraid that we cannot support this code of practice.