Government publishes response on trade union access and launches consultations on new statutory code and TUPE reforms

By Jo Seery, Professional Support Lawyer

The government has published its response to the Make Work Pay consultation on trade unions’ right of access to workplaces.

The response confirms the government’s intention to introduce secondary legislation and a new statutory Code of Practice setting out how the right of access will operate in practice. Key elements include:

• a clear and consistent process for submitting, responding to, and negotiating access

requests, ensuring transparency and efficiency for both unions and employers

• the ability for unions to request both physical and digital access, reflecting the realities

of modern workplaces and hybrid working patterns

• a role for the Central Arbitration Committee (CAC) in determining disputes
• a streamlined route for straightforward cases, reducing administrative burden and

supporting timely access where circumstances allow

• a penalty framework that ensures compliance, with sanctions that deter repeat breaches and uphold the integrity of access agreements

Although the Employment Rights Act (ERA) 2025 did not include any specific changes to the TUPE Regulations, provisions of the ERA, such as changes to the qualifying period to claim unfair dismissal and consultation in a collective redundancy situation, will have an impact where a business changes its owner.

As part of its commitment to strengthen the existing set of rights and protections for workers subject to TUPE transfers, the Government has launched a Call for Evidence on the effectiveness of the current TUPE regulations.  Responses will be used to develop policy proposals, which will be the subject of further consultation.