UK employers prepare to put trade union workplace access into practice

The new trade union workplace access rights are due to come into force on 30 October, subject to parliamentary approval, and the focus for employers is increasingly shifting to how the new regime will work in practice. The government has now updated its guidance for employers, setting out practical steps businesses should be taking now ahead of the changes. For HR, that means thinking beyond the legal framework and considering how workplace access will actually operate day to day. We’ll speak to an employment lawyer who is advising clients on putting those arrangements into practice.

The government’s updated guidance sends a clear message which is employers should be preparing for these changes now. Businesses should consider how access could be arranged in their workplaces, how it can be balanced with operational needs and how trade union officials will be hosted. It also points employers towards the new statutory Code of Practice, which is intended to provide practical guidance on how access should operate.

And there is potentially a lot to think about. Access can be physical, digital or a combination of both, and the practical implications will vary considerably between organisations. What works in an office environment may look very different in a factory, warehouse or business operating across multiple sites. 

There is also an important compliance dimension. Statutory access agreements will be overseen and enforced by the Central Arbitration Committee which will have powers to impose financial penalties for breaches. So, once arrangements are agreed, making sure they work effectively across the organisation will matter. 

Anthony Convery is currently advising a number of clients ahead of the changes. Earlier he joined me by phone from Glasgow and I asked him what practical preparations employers should be making once an access agreement is in place:

Anthony Convery: “Once an access agreement in place, the starting point is that the key stakeholders in the organisation need to be aware of the access agreement and they need to know how it's intended to operate in practice so that it can be adhered to and that means developing a clear internal protocol about the access, and that protocol will allocate responsibilities clearly within the organisation. So, who is responsible for making sure that access is given in accordance with the agreement, but also for making sure that the trade union is complying with their with their side of the bargain. The HR team, managers, and operational teams all need to be aware of this so that they can work together to ensure that the arrangements work in practice. On a practical level, there will also need to be a review of visitor management procedures so that there's a consistent way when the union does come in for physical access so that there is a process in place for that and where there are multi-site arrangements, it will be important for the employers to ensure that this works smoothly across all sites. Finally, there needs to be an escalation process if there are issues so that they can be dealt with and they don't develop into massive disputes.”

Joe Glavina: “Many employers will immediately think about reception, security and health and safety, but there are also digital issues. What practical challenges should employers be planning for?”

Anthony Convery:  “Well, if we look at physical access in the first place, there are a number of potential practical issues to consider. There needs to be a clear process for visitor sign in so that the correct people are given access, where access is given. Where there are going to be work force meetings, you need to the employers need to consider what meeting rooms will be made available, and the space that's needed to accommodate those kinds of meetings. There may also, in particular sites, be health and safety requirements where access is only given to part of a site so on a practical level a lot of thought given as to you when union representatives come into the workplace, which bits of the workplace are they given access to, and which bits are they are they not able to access due to health and safety requirements? Similarly, from a security point of view, or confidentiality point of view, it needs to be very clear what are the boundaries of the access. From a digital point of view, there are clearly data protection and privacy concerns to be to be taken into account and, where email is used, Teams and other platforms, there needs to be clear terms of usage so that the terms of the access are clear and the access is given in a secure manner that is compliant with data protection and privacy considerations and that means working with IT teams well before implementation to ensure that is put in place effectively.”

Joe Glavina: “Looking ahead, what will distinguish employers who manage these new rights successfully from those who struggle?”

Anthony Convery: “Employers who manage these new rights successfully will be those who are well prepared. It's all about preparation in advance and having a clear internal process as to how these access requests will be will be managed. That will involve making sure that managers clearly understand their role in terms of access requests, and that they know that they need to escalate them quickly so that they're dealt with in a timely manner. This will put the organisation in a place where they can deal with access requests professionally, rather than in a defensive manner, they can engage with them professionally, they can shape them so that the employer has a strong say in what the access looks like on a practical level and that will enable the employer to balance legal compliance and operational needs. Also, having a clear process in place that will ensure that the employers don't forget that they need to communicate clearly with their employees and have a strong employee relations strategy when faced with access requests. It also means reviewing the arrangements as experience develops because once access arrangements are in place, over time there will no doubt be issues that arise that need to be ironed out and it's important to keep that under review. But above all, employers who are going to make a success of access rights will be in the best position to do that if they if they see workplace access as part of an effective employee relations strategy, rather than simply a legal obligation.”

So the key message is that making the new access rights work successfully will require more than simply complying with the legal requirements – you’ll also need to think carefully about your wider employee relations strategy.  If you’d like help with this, please contact Anthony in the first instance – his details are there on the screen for you.