Government consultation: draft Code of Practice on trade union right of access
The government has launched a new consultation on a draft code of practice on the new legal framework for trade unions’ access to workplaces.
The Employment Rights Act 2025 will give trade unions a general right to enter workplaces to recruit, organise and represent members for the first time in Great Britain. The government has launched a consultation on a new statutory Code of Practice that will sit alongside the legal framework for this right of access to workplaces. The intended purpose of the code is to provide practical guidance for both employers and trade unions on how access should work.
The draft Code of Practice covers:
- how unions should make access requests
- what employers should consider when responding to requests
- how access arrangements can be agreed and implemented across different types of workplaces
- examples of approaches that support constructive and effective engagement.
The government is inviting employers to share their views on whether the draft code is clear and easy to follow, practical across different workplace settings and fair and balanced for both employers and trade unions.
Have your say on the proposals
NHS Employers is not responding on behalf of employers but you may wish to respond individually or on behalf of your NHS organisation.
You can read and respond to the consultation on the gov.uk website.
The closing date for responses is 11:59pm on Wednesday 20 May 2026.
Areas employers may wish to consider
The NHS has a long history of positive relationships with its recognised trade unions and it is not envisaged that the new legal right of access will change that. However, while many NHS organisations will broadly support the policy intention, the way NHS organisations operate is often complex. Employers may therefore want to consider how access is currently considered and whether the proposals would work in practice within their own organisations. Reflections based on previous experiences may include:
- how access requests would operate in large or complex structures, such as multi‑site trusts, group models or integrated care systems
- whether a single access request could cover multiple sites, divisions or staff groups
- whether the Code should acknowledge that NHS organisations may need longer internal coordination periods, for example to consider clinical or operational implications
- how flexible the Code is on the frequency and duration of access, particularly in 24/7 service environments
- practical constraints around providing meeting rooms or consistent facilities, especially where space is limited or services are spread across multiple locations
- how access should be managed during periods of service pressure, including minimum staffing levels and patient‑safety considerations
- how existing NHS communication and IT systems operate, including any security requirements that may affect digital access.
Further information
Details of the Employment Rights Act 2025 roadmap, consultations and actions for employers.
