Trade Union Workplace Access

Ian Lavery Excerpts

Wednesday 22nd October 2025 Westminster Hall

[Andy McDonald]

The hon. Gentleman is perfectly right. It may have been compulsory, but it is certainly one of the better decisions that he has ever made.

The problem of trade union access to workplaces is long-standing. Employers have often restricted union representatives from entering their sites, particularly in high-profile industrial settings. The GMB’s attempt to access Amazon’s Coventry warehouse during its 2024 recognition ballot was met with resistance, highlighting the barriers that unions face even when legally seeking to organise.

[Ian Lavery (Blyth and Ashington) (Lab)]

I hugely thank my hon. Friend for the work, effort and determination that he put into seeing the Employment Rights Bill through the Commons—absolutely outstanding work. On access to the workplace, does he agree that any individual who wants to speak to a trade union or union representative in the workplace, or perhaps even digitally, should have the opportunity to do so, and that it is only bad employers who have something to fear?

[Andy McDonald]

My hon. Friend makes an excellent point, and I thank him for his kind comments. I will return to the issue of digital access shortly.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business and Trade (Kate Dearden)]

It is a pleasure to serve under your chairship, Mr Twigg. I thank my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) for securing today’s important debate—I know we say it a lot that debates are important, but this one truly is. It is close to my heart, as I know it is to my hon. Friend’s.

I thank my hon. Friend for his contributions to debates during the passage of the Employment Rights Bill, including on this specific issue. It was always a pleasure to work with him on this topic in my previous life working for a trade union for many years—in fact, I declare my entry in the Register of Members’ Financial Interests as a proud trade union member. The amendments that my hon. Friend tabled on Report, which he alluded to in his speech, demonstrate his interest in this area, and I welcome his continued commitment to a productive discussion on the topic today. I thank all other members here for their contributions and interest in this topic—not just hon. Members, but proud trade unionists and friends.

As my hon. Friend will know, the Government’s plan to make work pay and our Employment Rights Bill represent the biggest upgrade to workers’ rights in a generation. Taken together, they support our plan for change by ensuring that employment rights are fit for a modern economy, empowering working people and contributing to economic growth.

The Employment Rights Bill creates a modern, fairer labour market where workers are better protected, more empowered and supported through every stage of working life. It is pro-worker and pro-business, and it supports the Government’s objective of boosting growth and improving living standards across the country. As part of that, the Government are strengthening collective bargaining rights and trade union recognition—I want to take a moment to say how proud I am to be saying that from the Front Bench. After many years of the previous Government, who sought to weaken workers’ voices and trade union rights, we are rebuilding a culture of respect and co-operation with trade unions.

I know that my hon. Friend will agree that trade unions are essential to tackling issues of insecurity, inequality, discrimination, enforcement and low pay across the economy. The Employment Rights Bill will modernise trade union legislation, giving trade unions greater freedom to organise, represent and negotiate on behalf of their members. Strong trade unions are key partners in building a stronger, fairer economy.

A key part of our reforms in this area is the introduction of a new trade union right of access. Under existing legislation, trade unions do not have a general right of access to workplaces and can exercise their functions only through individual trade union members in the workplace or through access that has been agreed on a voluntary basis with the employer. In situations in which membership is limited and no voluntary agreement is in place, there is limited scope for trade unions to exercise their core functions within the workplace. Although the Government want employers and unions to continue to agree and use those voluntary access arrangements where possible, the Bill introduces a new right for trade unions to access the workplace in a responsible and regulated manner. That will provide certainty and clarity to all parties involved.

It is worth explaining briefly how the new right of access will work in practice, which will hopefully answer lots of my hon. Friend’s questions. Under the new right of access, an independent union can provide an employer with a request for access. That could be a request for physical access to a building or virtual access to a group of workers—such as via a Teams call—or both. My hon. Friend spoke eloquently about the importance of digital access as part of our consideration of the legislation.

If both parties agree on the terms of access between themselves, they will notify the Central Arbitration Committee to record the terms of the access agreement and proceed with the access as agreed. If no agreement can be reached within a set timeframe, the union or employer can refer the case to the CAC for a determination on whether access should be granted under the terms requested.

The CAC will make its determination on whether access should be granted in line with factors set out in secondary legislation. If the access application meets certain conditions, it will qualify for a potentially expedited route through the CAC process. The CAC will also enforce access agreements once they are in place, hearing complaints about breaches of those agreements by any party, with the power to issue fines for non-compliance.

This debate is timely, because the Government will shortly be launching a public consultation on the details of the new trade union right of access policy, including the matters that the CAC must have regard to when deciding whether access should take place and the level of fines for non-compliance with access agreements. We want to see a fair and workable access framework, so the Government strongly encourage unions and employers of all types and sizes to share their views. As I say, the Government are committed to strengthening collective bargaining rights and trade union recognition, and we see the new right of access as a key part of that.

In that light, when the CAC takes decisions on access, it will be guided by the access principles provided for in the Employment Rights Bill. Those principles set out that trade unions should be provided access to workplaces

“in any manner that does not unreasonably interfere with the employer’s business”

and that the employer

“should take reasonable steps to facilitate”

that access. They also set out that

“access should be refused entirely only where it is reasonable in all the circumstances to do so.”

The principles provide a default in favour of access, but the Government are aware that some employers may find it more difficult than others to facilitate access arrangements, and that there may be circumstances where it would not be appropriate for access to take place. That is why we will consult on the factors that the CAC should take into account when deciding on access, and consult on what the value of fines should be for non-compliance.

[Ian Lavery]

Does the Minister agree that it is absolutely essential that lawbreakers and bad employers are not allowed to price in any breaking of the law to the detriment of people in the workplace?

[Kate Dearden]

I agree with my hon. Friend, and enforcement will be really key to that. I encourage him to get involved in the consultation and to share his views on exactly that point.

The Government will review responses to those two consultation questions with interest, as we will the responses to the consultation as a whole. The consultation matters, because it is important that the implementation of the right of access works in practice, not just on paper. That is why the Government have committed to support businesses throughout the implementation of the Bill, and why we will produce a new code of practice for the policy. That will contain practical guidance on how access should take place in practice to help support employers and businesses to manage the process smoothly and effectively. The Government will consult on that code next year before the new right comes into force in October 2026.

My hon. Friend the Member for Middlesbrough and Thornaby East also mentioned enforcement, and I welcome his support for the Fair Work Agency and its newly appointed chair, Matthew Taylor. Strengthening our labour market, compliance and enforcement is absolutely key to this issue, and to our wider Employment Rights Bill.