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ARTICLE · 20 APRIL 2026

Employment Rights Act: Union Workplace Access Rights

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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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.

United KingdomEmployment and HR

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.

Workplace access rights for union officials are a key pillar of the government’s broader agenda to increase the size and power of the trade union movement (which we have written about here). They aim to give unions an initial ‘foot in the door’ in businesses where they may historically have had little or no presence. Currently, unions have no general right to enter workplaces without an employer’s consent, forcing them to conduct most of their organising activities outside the workplace.

Following a public consultation conducted in the autumn, the government has now published its response, providing valuable insights into how the new union right of access will be implemented in forthcoming regulations. The government has also published a draft Code of Practice, which it is consulting on until 20 May 2026.

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