The Code of Practice (Right of Trade Unions to Access Workplaces) Order 2026

The order states that the Code of Practice contains practical guidance intended to promote the improvement of industrial relations.

Proponents within the government framing indicate that the Code supports the understanding and delivery of the legal right for unions to access workplaces and communicate with workers.

The document notes that the Secretary of State consulted with the Advisory, Conciliation and Arbitration Service (ACAS) and modified the draft based on representations received.

The preamble asserts that the Code has undergone parliamentary scrutiny and received approval from both the House of Commons and the House of Lords.

Legal commentators may note that the document does not include the text of the Code itself, requiring parties to refer to external Department for Business, Innovation, Science and Trade publications to understand their specific obligations.

Affected parties might question the government's assertion that no full impact assessment is required, as the document claims no significant impact on the private or voluntary sectors is foreseen.

Concerns could be raised regarding the interaction between this Code and existing health, safety, or security protocols at specific types of workplaces, as the order does not detail such exemptions.

Small business representatives might argue that statutory access requirements could disrupt operational workflows, depending on the specific requirements contained in the underlying Code.