What is trade union access?
At present, trade unions do not have an independent right of access to workplaces. In order to exercise their functions in a workplace, they must do so through individual members.
As a result, if unions have limited members, there is limited scope for collective bargaining, negotiations, and dispute resolution.
What’s changing?
The Employment Rights Act (‘ERA 2025’) proposes to provide for “access agreements” to be reached between unions holding a certificate of independence and employers. These agreements would permit officials of the union to enter the workplace and communicate with workers, for example to facilitate collective bargaining or supporting workers, including those who are not members of a trade union.
The changes also allow for cases to be referred to the Central Arbitration Committee for arbitration and enforcement. The Central Arbitration Committee would be able to determine access to union officials, vary agreements, and order penalties where orders to comply are breached.
What does this mean?
The changes would provide for increased scope in respect of collective bargaining and for unions to exercise their functions, particularly where membership is limited within any given organisation.
There is a risk that employers who are not alert to access requests will find decisions reached in respect of their workplace and employees in relation to which they have not had any input. Where terms are included in an access decision that cannot be complied with, employers open themselves up to enforcement action.
It is advisable that employers be alert to requests for access by unions and seek to ensure that the terms of any access are set out in a manner with which they can realistically maintain.
If you would like to discuss anything related to trade union access or indeed anything else affected by the Employment Rights Bill, please contact a member of the Employment team.
To find out what other aspects of employment law are affected by the ERA 2025, read our blog “The Employment Rights Act – When to expect change”.
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