Employment & Pensions Blog: Trade union access requests - early problems for employers, James Cooper - Devonshires Solicitors
By Google News Personal Finance ·
Trade union access requests are presenting employers with immediate practical questions about the scope of workplace access and how negotiations should be managed. Drawing on the requests we have seen so far, this Blog considers the challenges posed by broadly drafted proposals and explains why employers should establish their negotiating position at an early stage.
The new statutory framework governing workplace access is anchored by a single guiding principle of good faith.
“Both parties should approach negotiations in good faith.”
Code of Practice: Right of Trade Unions to Access Workplaces, issued by the Secretary of State pursuant to section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Code of Practice makes clear that trade unions and employers are expected to approach negotiations constructively. The legislation is intended to promote effective dialogue and structured industrial relations.
However, some of the initial requests being received suggest that, in practice, achieving that objective may not always be straightforward.
Over the past week, we have seen a significant number of statutory access requests submitted to employer clients from various trade unions. Many of these requests provide limited detail about the access being sought. Employers are receiving broad requests for workplace access without any clear identification of the relevant worker group, proposed arrangements, or practical logistics.
Demanding blanket access to an entire workforce without defining a specific category of workers, or outlining practical logistics, does not align with the spirit of the Code of Practice, nor would it appear to be presented in good faith.
This lack of specificity creates uncertainty for employers and can make it difficult to engage meaningfully within the statutory framework.
The absence of detail also highlights why employers should not wait for unions to develop a fully articulated proposal before considering their own position.
The statutory framework includes a set of model terms that the Central Arbitration Committee will apply where the parties are unable to reach agreement (i.e. negotiations fail). Those model terms establish baseline expectations, including:
Employers should review these model terms now and assess what arrangements are operationally workable within their own organisation.
I recently explored additional preparatory steps employers should consider in advance of the October 2026 reforms here: Trade union workplace access rights: Preparing for the October 2026 changes
By establishing these parameters early, employers are better placed to respond to broad or poorly defined requests with a coherent, compliant and operationally realistic framework of their own.
Ultimately, the staring point remains the requirement of good faith.
The Code of Practice makes clear that both parties should engage constructively during the 25 working day negotiation period. Furthermore, paragraph 32 recognises that employers are entitled to reject proposals that are unworkable, provided they explain their reasons in sufficient detail.
That principle apples to both sides. Constructive negotiations are more likely to succeed where requests are clear, specific and supported by practical proposals from the outset.
The success of the new framework will depend on clarity, preparation and mutual respect from the first communication.
If you are an employer seeking employment law advice on the…
Originally published by Google News Personal Finance
