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ERA 2025 s59: trade union workplace access—requests, access agreements, CAC determinations and enforcement, EAT appeals (Great Britain)

Practice notes
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This Practice Note considers the impending entitlement for trade unions holding a certificate of independence to enter workplaces to meet, recruit, organise and represent workers, and to facilitate collective bargaining. The entitlement will be introduced under section 59 of the Employment Rights Act 2025 (ERA 2025) once commenced, with further detail to be prescribed in regulations. A consultation on the right ran from 23 October to 18 December 2025. The government’s response was published on 8 April 2026, alongside a consultation on a draft statutory Code of Practice (CoP) to be issued under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). That consultation runs until 20 May 2026. The intention is for the new access right to come into force by October 2026. For further information, see Practice Notes: Employment Rights Act 2025—tracker and Consultation tracker—Employment.

The basic right of access

Currently, in the absence of a voluntary access agreement, trade unions have no standalone right to enter workplaces. Instead, they must depend on individual workers who are union members in order to recruit new...

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Web page updated on 22/05/2026

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