Union access plans risk straining workplace relations, CIPD warns

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The warning from the HR body comes in response to the government’s latest proposals on union access, which form part of a wider effort to reshape workplace rights and engagement between employers and trade unions.

The concerns centre on how quickly employers would be required to grant access and how frequently unions could enter workplaces under the proposed framework.

Timing and operational impact

Ben Willmott, head of public policy at the CIPD, said the organisation welcomed some flexibility in the proposals but warned that key elements could prove difficult for employers to manage.

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“It is encouraging the government has listened and provided more time for employers to respond to a trade union’s request for access and to negotiate the terms of an access agreement,” he said in a statement provided to HRreview.

But he said the proposed timelines remained too tight for many organisations, particularly those without established union relationships.

“However it’s disappointing that the government has decided to push ahead and require that there will be a minimum of just five working days between the agreement of initial access terms and when union access to the workplace takes place for the first time.

“For an employer not used to working with a trade union, more time will typically be needed to make arrangements to allow access.”

He also raised concerns about the frequency and notice requirements for access.

“Similarly, it is concerning that the government is proceeding with plans to require employers to provide weekly access to trade unions, and to allow unions to provide a minimum of just two working days’ notice to employers before they access the workplace despite the strong feedback in the consultation against these approaches,” he said.

‘One-size’ approach risks burdening employers

Willmott said the proposals could place disproportionate strain on certain organisations, particularly smaller businesses or those with limited HR capacity.

“CIPD members have told us these requirements fail to consider the time and pressure that businesses are facing and will place a disproportionate burden on many employers, particularly SMEs, businesses with limited resources and those facing severe operational demands,” he said.

He added that a uniform approach to access might not support the government’s wider aims. “The CIPD believes such a ‘one-size fits all’ approach is not appropriate and won’t support the positive employment relations climate the government is seeking to promote,” he said.

Government seeks views on new access framework

The proposals form part of a draft code of practice published by the Department for Business and Trade, which is consulting on how trade unions and employers should negotiate and manage access to workplaces.

The code is intended to provide practical guidance on how requests should be made, how agreements should be implemented and what best practice looks like across different types of organisations.

The consultation, which applies across England, Scotland and Wales, is open until 20 May and is seeking input from employers, unions and other stakeholders.

The debate reflects a wider tension between strengthening worker representation and ensuring organisations have the capacity to respond effectively. Experts say the proposals raise questions for employers about how to manage access requests, maintain operations and ensure that engagement with unions is constructive rather than disruptive.

The final shape of the code will determine how these competing priorities are balanced, and whether the changes lead to improved workplace dialogue or increased friction between employers and unions.

William Furney is a Managing Editor at Black and White Trading Ltd based in Kingston upon Hull, UK. He is a prolific author and contributor at Workplace Wellbeing Professional, with over 127 published posts covering HR, employee engagement, and workplace wellbeing topics. His writing focuses on contemporary employment issues including pension schemes, employee health, financial struggles affecting workers, and broader workplace trends.

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