Union recognition code on access and unfair practices in force from 30 October
A revised statutory code of practice on access and unfair practices during trade union recognition and derecognition came into force on 30 October 2026. It reflects Employment Rights Act 2025 changes and applies once the Central Arbitration Committee accepts an application.
What changed
The government says the revised draft code was laid in Parliament on 6 July 2026 and, following approval by both Houses, the code of practice on access and unfair practices during the recognition and derecognition process came into force on 30 October 2026.
The code updates the guidance because the Employment Rights Act 2025 changes the statutory trade union recognition process. It covers a union's right to request access to workers from the point when the Central Arbitration Committee (CAC) notifies that it has accepted a relevant application, what access could be considered reasonable, and how both employer and union can avoid unfair practices.
The same consultation asked about proposals to legislate for new unfair practices to prevent interference in electronic recognition and derecognition ballots, before electronic balloting is allowed for those ballots.
HRjoy’s view
This code matters most at the point an employer least expects it: when a recognition application lands. A quick response, a reasonable access proposal and managers who know what not to say or offer will avoid most disputes. Employers that already have a constructive relationship with a union are well placed; others should prepare a short plan now rather than improvise later.
Source
General information for employers in Great Britain, not legal advice.
What to do
- If a union applies to the CAC for recognition, read the new code before responding to any request for access
- Brief managers that campaigning conduct during an application is covered by the code, not only conduct during a ballot
- Keep written copies of access requests and your responses
Related answers
- What do the 2026–27 trade union changes mean for employers? The Employment Rights Act 2025 makes recognition and industrial action easier for unions. Several changes already apply, including 10 days' notice of industrial action and simpler recognition. From 30 October 2026 unions gain a statutory right to request workplace access, and from 1 January 2027 employers must tell workers they have the right to join a union. Future dates remain subject to Parliament.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.