The Code of Practice (Access and Unfair Practices During the Recognition and Derecognition Process) Order 2026

Published: Tue 27th Oct 26

Enacted a revised statutory Code of Practice setting standards for workplace access and prohibiting unfair practices during trade union recognition and derecognition procedures from 30 October 2026.


This Order brings into legal effect a revised Code of Practice governing how trade unions access workplaces and what constitutes unfair conduct during statutory recognition and derecognition processes.

It applies to employers and trade unions in England, Wales, and Scotland involved in applications to the Central Arbitration Committee under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The Order establishes 30 October 2026 as the commencement date for the new standards, while maintaining the 2005 Code for applications submitted before this date.

Arguments For

  • The Order states that the revised Code of Practice provides practical guidance for the purpose of promoting the improvement of industrial relations.

  • The Secretary of State asserts that the revision is necessary to incorporate changes introduced by the Employment Rights Act 2025 regarding workplace access and unfair practices.

  • Proponents may argue that the updated Code clarifies legal obligations for both employers and trade unions during sensitive ballot periods, reducing the likelihood of litigation.

  • The document notes that the Secretary of State followed a statutory consultation process with the Advisory, Conciliation and Arbitration Service (ACAS) to ensure the guidance is balanced and informed.

Arguments Against

  • Legal commentators might question the lack of a full impact assessment, as the document claims no significant impact on the private or voluntary sectors despite changing operational rules for workplace access.

  • Trade unions may argue that the revised definition of "unfair practices" could potentially restrict their ability to communicate effectively with workers during recognition campaigns.

  • Employers might express concern that the new access requirements could disrupt business operations or create administrative burdens not fully accounted for in the Order.

  • The legal effect of the Code is subject to interpretation by the Central Arbitration Committee, which may lead to initial uncertainty for parties with ongoing industrial relations disputes.

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Code of Practice (Access and Unfair Practices During the Recognition and Derecognition Process) Order 2026 and comes into force on 30th October 2026.

(2) This Order extends to England and Wales and Scotland.

(3) In this Order—

"the 1992 Act" means the Trade Union and Labour Relations (Consolidation) Act 1992

"the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process" means the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process issued by the Secretary of State pursuant to section 203 of the 1992 Act which was laid in draft before each House of Parliament on 6th July 2026 and approved by a resolution of the House of Commons on 21st October 2026 and of the House of Lords on 14th October 2026.

Appointed day for Code of Practice

  1. The Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process comes into effect on 30th October 2026.

Transitional and saving provisions

3.—(1) The Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process is not to have effect in respect of an application under the following paragraphs of Schedule A1 to the 1992 Act received by the Central Arbitration Committee before 30th October 2026—

(a) paragraph 11 or 12 (application in the event that employer rejects request for recognition or negotiations fail);

(b) paragraph 66 or 75 (application where either party believes bargaining unit is no longer appropriate, or where employer believes that unit has ceased to exist);

(c) paragraph 106, 107 or 112 (application related to employer's request to end bargaining arrangements, or workers' application to end arrangements);

(d) paragraph 128 (application related to employer's request to end bargaining arrangements where recognition automatic);

(e) paragraph 137 (workers' application to end bargaining arrangements where the union is not independent).

(2) Where the Code of Practice described in article 2 is not to have effect under paragraph (1), the Code of Practice on Access and Unfair Practices during Recognition and Derecognition Ballots which came into effect on 1st October 2005 is to continue to have effect.

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