CIPD asks ministers to delay trade-union access rules

The Chartered Institute of Personnel and Development has asked ministers to postpone the introduction of new workplace trade-union access rights from 30 October 2026 to 1 January 2027, warning that employers do not have sufficient time to prepare while supporting guidance remains unfinished.

In a letter dated 14 October, CIPD chief executive Neil Carberry urged Business Secretary Jonathan Reynolds to approve a short delay to the reforms under the Employment Rights Act 2025.

The request has not resulted in an announced change to the Government’s timetable. The published commencement date remains 30 October, subject to the legislative requirements identified in official implementation guidance.

The new framework will give qualifying independent trade unions a statutory route to request access to workplaces for engagement with workers, including recruitment, representation and organising activity. Access may take place physically, digitally or through a combination of arrangements agreed between the union and employer.

Where agreement cannot be reached, either party may apply to the Central Arbitration Committee, which has powers to determine whether access should be granted and on what terms. The committee will also oversee statutory access agreements and may impose penalties for non-compliance.

Government guidance states that employers must respond to qualifying requests within 15 working days. A further 25-working-day period applies to negotiations following a response notice. The draft regulations also establish additional procedural requirements for applications to the committee.

The compulsory access provisions do not allow the committee to impose an agreement where the employer, together with associated employers, meets the regulatory test for having fewer than 21 workers. That test includes both workforce numbers on the request date and an average across the preceding 13 weeks, so the restriction is more specific than a simple exemption based on a single headcount.

Carberry’s concern centres on the practical guidance employers will need to administer requests. The CIPD argues that the statutory code, taken alone, does not give organisations sufficient detail about negotiating access agreements, meeting procedural deadlines or handling digital access.

Digital access may involve online meetings or communications through employer-operated systems. Although the legislation provides a framework for such requests, organisations will need arrangements for receiving them, identifying appropriate internal decision-makers and agreeing methods consistent with their operations.

A draft statutory code was laid before Parliament in July. The CIPD’s request specifically concerns the development and communication of additional non-statutory guidance, which Carberry argues should be available before employers become legally responsible for implementing the new requirements.

The professional body has suggested 1 January 2027 as an alternative start date, noting that this would align with the revised timetable for the separate employer duty to inform workers of their right to join a trade union.

Trade-union access rights are among several employment-law measures due to take effect on 30 October. The Government’s wider programme also includes changes relating to trade-union recognition, representatives’ protections and industrial action.

Employers therefore face two different questions: whether ministers will accept the CIPD’s request for postponement and how to prepare if the original timetable remains unchanged. The relevant official guidance recommends identifying contacts responsible for access requests, establishing response processes and familiarising HR teams and line managers with the statutory framework.

The CIPD’s letter is an intervention in the implementation process, rather than a legal change. Unless the Government revises the timetable, qualifying employers should continue preparing for commencement on 30 October.