Chamber HR : The Employment Rights Act 2025
The Employment Rights Act 2025 introduces significant changes to trade union rights from 30 October 2026, including the introduction of a statutory framework allowing independent trade unions to request access to workplaces to engage with workers.
From the end of the month, trade unions will be able to seek access for purposes including meeting and communicating with workers, providing support and representation, recruiting members, and facilitating collective bargaining. Access may be physical, digital or a combination of both.
Employers and trade unions will initially have the opportunity to negotiate an access agreement setting out the arrangements for access. Where agreement cannot be reached, either party may apply to the Central Arbitration Committee (CAC) for a decision.
The CAC will be responsible for overseeing and enforcing statutory access agreements and may impose financial penalties for non-compliance.Employers with fewer than 21 workers across all their workplaces are exempt from these access provisions. Existing agreements with trade unions will also be considered.
The statutory process involves the following stages:
Access request: The trade union completes the prescribed request form in accordance with the relevant Code of Practice and sends it to the employer. The union should provide the required information about the access sought.
Employer response : 15 working days: The employer must give the trade union a response notice within 15 working days after receiving the access request.
Negotiation period : 25 working days: The parties have 25 working days from the date the response notice is given to negotiate the terms of workplace access. If they reach agreement, the terms should be recorded in writing in accordance with the statutory requirements.
Application to the CAC: If the employer fails to provide a response notice within the prescribed period, or the negotiation period ends without the parties agreeing written terms, an application may be made to the Central Arbitration Committee (CAC) for a determination.
Application deadline : 55 working days: The application must ordinarily be made by the end of the 55th working day after the original access request. This period may be extended to the 70th working day if the CAC is satisfied that it was not reasonably practicable for a party to apply before the original deadline.The CAC may determine whether access should be granted and, if so, specify the terms of access in accordance with the legislation.
For more information, take a look at the Code of Practice: https://lnkd.in/gUzJDyyc
If you need any guidance, please get in touch
Sarah Darbyshire FCIPD
HR Consultant and Director
HR Solutions Yorkshire Limited
Ad hoc and retained HR Advisory Services
HR/People Strategy - Business Change - Management Development - Employee Relations
T: 01937 591577
E: sarah@hrsolutionsyorkshire.co.uk
W: http://hrsolutionsyorkshire.co.uk
LinkedIn https://www.linkedin.com/in/sarahdarbyshirefcipd/
