Trade Union Workplace Access

Rachael Maskell Excerpts

Wednesday 22nd October 2025 Westminster Hall

[Andy McDonald]

My hon. Friend is absolutely right. The decline in trade union penetration of the economy is consistent with the stagnation in wages. If we are to turn the issue around, these recognitions and collective bargaining processes have to be given their full voice.

The Bill also acknowledges the need for facility time for union representatives, providing paid time for duties. The Business and Trade Committee welcomed the statutory right of access, but urged that it explicitly include digital channels. It also endorsed the GMB’s call for template agreements to speed up negotiations.

[Rachael Maskell (York Central) (Ind)]

I am grateful to my hon. Friend not only for his incredible work to advance employment rights, but for securing today’s debate; I refer to my entry in the register of interests, having spent many an hour on street corners trying to get information to workers about trade unions. Does my hon. Friend agree that digital access needs to be directly with the worker—not via the employer, who could oversee it—and that any reciprocal communication with the union needs to be free from the scrutiny of employers?

[Andy McDonald]

My hon. Friend is absolutely right. I am sure that she has in mind the Amazon debacle in Coventry, where that issue was at play. I thank her and all my hon. Friends for their consistent application to this agenda over many years. It is now bearing fruit.

Concerns remain about the enforceability of access, as some employers may refuse to comply with CAC decisions, creating incentives to disrupt legitimate access. The Chartered Institute of Personnel and Development has called for the CAC to be adequately resourced. Labour pledged to act to ensure that union members and workers are able to access a union at work. In a written ministerial statement in March 2025, the Government said that they would implement

“a fast-track route for achieving an ‘off-the-shelf’ access agreement where certain conditions are met, alongside a mechanism to ensure there are robust penalties in place for non-compliance.”

Access rights will mostly be detailed in secondary legislation.

Future regulations must genuinely deliver the Government’s promise of a meaningful right of access. That includes ensuring that the right is enforceable, as union-busting employers and their lawyers will exploit any gaps. Unions want to ensure that provisions are as strong as possible. Face-to-face communication remains the most effective way for unions to recruit and organise. Robust penalties are needed so that employers cannot price refusal in. Far too often, we have seen employers pricing in the breach of provisions as simply the cost of doing business. We cannot permit that.

Debates in Committee and wider parliamentary discussions have reiterated those points. Witnesses stressed the importance of digital access, reasonable notice, clarity over dwellings and enforceable CAC determinations. Amendments clarified that only independent trade unions certified by the certification officer could exercise statutory access rights, preventing employers from using non-independent sweetheart unions. The CAC is empowered to adjudicate disputes, but unions still bear the cost of pursuing penalties through the employment appeal tribunals, and fines are payable to the Government, rather than the union. That creates a risk that enforcement will remain weak.

Trade union experiences illustrate the stakes. The GMB’s efforts to engage with Amazon, Harris Federation schools and Teesworks highlight the fact that lack of access can hinder collective bargaining, prevent timely health and safety oversight, and reduce wages and protections. Access to care homes will be critical as fair pay agreements are rolled out to ensure that low-paid workers gain union representation and negotiate fair terms.

I tabled a new clause to amend the Bill on Report to address enforcement and clarify gaps. It would have established a clear statutory right of access for independent trade unions. It would have broadened the Bill’s purpose to include recruitment, representation and bargaining. It would also have set reasonable notice requirements, with provision for urgent cases, and defined access conditions guided by Advisory, Conciliation and Arbitration Service codes.

The new clause would have clarified access to dwellings by allowing suitable alternative arrangements. It would have introduced a genuine enforcement mechanism by allowing CAC orders to be enforceable as High Court injunctions, and it would have established transparent penalty-setting criteria based on the gravity and duration of non-compliance. Finally, it would have integrated the new rights with existing law and ACAS guidance. Had it been adopted, it would have significantly strengthened the Bill and created a practically enforceable framework. I urge the Government to adopt similar measures to ensure that statutory access rights are truly effective across sectors.

It is very welcome that Matthew Taylor has been appointed to chair the Fair Work Agency. His knowledge of workplace relations informed the new deal for working people. We must ensure that the agency is adequately resourced and empowered to monitor, oversee and enforce union access effectively. Without sufficient funding and staffing, statutory provisions risk becoming symbolic rather than operational.

Historical international context underlines the stakes. In 2006 and 2008, the International Labour Organisation’s committee of experts noted that the UK did not consistently uphold convention 87, the global standard that protects workers’ freedom to form and join trade unions of their choosing, and that ensures unions can run their affairs freely. A constant theme of this debate is just how far removed the United Kingdom has been from its ILO obligations. I trust that this Government will not overlook them in the way that previous Governments have.

Union officials cannot always access workplaces to support members in disciplinary or grievance hearings, and recognition ballots offer only limited access. The Employment Rights Bill attempts to remedy that by granting broader statutory rights but, as the Bill is drafted, an employer can still veto entry, leaving unions and workers without recourse. ILO recommendation 143 makes it clear that union representatives who do not work for a particular company should still be allowed to enter the workplace to meet and represent union members. Those messages have to be communicated to employers who seem to want to resist that on occasion.

The only effective way to honour the commitment in the new deal for working people would be a free-standing right of entry, underpinned by injunctive relief to secure entry in cases of unreasonable refusal. Where that is not possible, CAC orders should at least be enforceable as High Court injunctions, and penalties should accrue to the union—I cannot stress enough the importance of that happening. Such measures would align the UK with international labour standards and strengthen the practical impact of statutory access.

The Employment Rights Bill is an important milestone, but it must be part of a wider strategy to raise living standards and restore labour’s share of wealth. Trade unions are central to that mission, providing the infrastructure through which workers can secure better pay, safer workplaces and a stronger voice. The Bill’s success depends on ensuring that access rights are clear, enforceable and adaptable to modern workplaces. By empowering unions with enforceable rights, reasonable conditions and clear penalties, the Government can equip the trade union movement to deliver real improvements. This is not simply procedural; it is a question of economic justice and social equity.

As we look forward, the Labour Government’s task is to reverse decades of declining real wages, expand union influence and ensure workers share in the benefits of productivity and growth. Statutory access is not an end in itself; it is a tool for delivering broader goals. With proper enforcement, digital provisions and resourcing, unions can represent members effectively, negotiate fair pay and improve conditions across all sectors. By doing so, we will ensure the recovery from austerity and the reversal of the erosion of labour’s share of wealth in a way that is meaningful and sustained.