ERA - Trade union workplace access code: employers will face a pro-access framework
The government published the final statutory Code of Practice on trade union access to workplaces. The changes from the consultation draft are meaningful, not merely cosmetic. The Code reinforces the policy objective that trade union access should be facilitated, albeit “in a manner that does not unreasonably interfere with the employer’s business” and makes clear that the CAC should approach requests in a manner consistent with the statutory access principles. Employers should revisit any assumptions made following the initial consultation, as the final Code adopts a clearer pro-access approach and provides more operational detail. Most notably, the Code confirms that unions do not need to exhaust voluntary arrangements before using the statutory access process. It sits alongside new regulations to be laid before Parliament, and also expands guidance on:
• both physical and digital access. Digital access is expressly described as complementary to, rather than a substitute for, physical workplace access (if that’s what the union requests);
• hybrid, remote, shift-based and other non-standard working arrangements, as well as workplaces such as residential care settings and construction sites e.g. “on construction sites, access should be able to take place at times when workers are assembled collectively, including at the beginning of shifts, during site inductions, toolbox talks, safety briefings and other workforce meetings”;
• where access agreements may be refused, including if there is already a statutory access agreement;
• strengthened provisions around privacy and monitoring. The Code contains more detailed expectations around confidential union meetings and makes clear that employers should ensure, so far as reasonably possible, that communications between workers and trade unions remain private;
• the role of the Central Arbitration Committee (CAC), including expanded procedural rules, record-keeping expectations, model access terms, enforcement mechanisms and the factors the CAC will consider when determining disputes.
The model terms include weekly access, privacy protections and reasonable employer support measures. Employers should now review workplace access protocols, facilities, communication channels and manager training in anticipation of the new framework coming into force. For a reminder of the underlying statutory regime, see our previous Out-Law article: Prepare for trade union rights to workplace access, employers advised.
ERA - Other TU Codes also being revised
• The government also issued its response to the Consultation on a revised Code of Practice on Access and Unfair Practices during the Recognition and Derecognition Process.
• A revised Draft Acas Code of Practice on time off for trade union duties and activities has also been issued. The intention is that this should be passed by Parliament and come into force in October 2026, along with many other Trade Union changes.
The use of AI in grievances
Something we are seeing more and more often, making grievances lengthier and more complex. Anne Sammon comments on LinkedIn and proposes some potential solutions which might assist:
• “requiring a meeting with HR before anything is committed to writing — encouraging genuine early dialogue rather than jumping straight to a lengthy written document;
• imposing a word or page limit on grievances — a concept not unlike the approach some Employment Tribunals are now taking to witness statements and bundles; and
• requiring employees to confirm that, if AI has been used, they have reviewed the output and that it genuinely reflects their own views and position.”
Government launches Youth Jobs Grant to support recruitment of young people
The DWP has launched the new Youth Jobs Grant, offering employers up to £3,000 when they recruit eligible young people aged 18 to 24 who have been claiming Universal Credit for at least six months. The scheme opened for applications on 30 June and forms part of the government's wider Youth Guarantee. The government expects the scheme to support up to 60,000 job opportunities across Great Britain over the next three years. Employers can receive £1,800 after six weeks and a further £1,200 after eighteen weeks, provided HMRC's Real Time Information system verifies the young person's employment and earnings. To qualify, employers must offer roles that provide at least 25 hours' work per week, last for a minimum of 16 weeks, pay at least the applicable minimum wage and create genuine employment opportunities rather than replace existing workers. DWP requires participating employers to complete due diligence checks, meet eligibility requirements relating to HMRC registration and PAYE status, and comply with ongoing obligations covering employment law, health and safety, equality, safeguarding and data protection. DWP may also audit participating employers, recover grant funding where employers breach scheme conditions and require employers to retain records for up to seven years.
