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Trade union access to the workplace: what the latest consultations mean for employers

The government has recently published both its response to the consultation on trade union access to workplaces and a further consultation on a draft statutory Code of Practice.

Taken together, these developments will require many employers to prepare for a new statutory framework governing trade union access.

The new statutory right of access

From October 2026, the Employment Rights Act 2025 will introduce a statutory regime under which trade unions may request access to workplaces. This could be for the purposes of recruitment, organisation, representation and support of workers, as well as to facilitate collective bargaining.

The right is not limited to physical entry to premises. It also extends to digital access, including virtual meetings and the circulation of union communications. This represents a marked change from the current position, where workplace access generally depends on voluntary agreements between the employer and the trade union.

How the access process will work

The government’s consultation response confirms that access requests will be subject to a structured and time‑limited process:

The CAC will also be able to issue substantial financial penalties of up to £500,000 for non‑compliance with access agreements.

The draft Code of Practice

Alongside its consultation response, the government has published a draft statutory Code of Practice, which is subject to consultation until 20 May 2026. The Code is intended to provide practical guidance on how access requests should be made, negotiated and implemented across different types of workplace.

Key tips for employers

Employers would be well advised to prepare now, rather than waiting for the first access request to land in autumn 2026. In particular, employers should consider:

Simple contract or deed? When execution really matters in employment contracts

When does an employment contract need to be signed as a deed?

Most employment contracts are signed as simple contracts. For most employees, that is entirely appropriate and legally effective. However, there are circumstances where an employment contract must be executed as a deed and failing to do this can weaken key protections on which the employer wants to rely.

This issue is most often applicable to senior or specialist roles, particularly where intellectual property and post‑termination protections are critical.

Simple contract vs deed: what’s the difference?

A simple contract requires consideration (usually the salary) to be enforceable, whereas a deed does not. Deeds also have stricter execution formalities, including the requirement for a witness signature.

From an employer’s perspective, the most important practical difference is that certain legal rights can only be granted validly by deed. If the contract is not executed correctly, those rights may not exist at all.

The key trigger: powers of attorney

The most common reason an employment contract needs to be signed as a deed is the inclusion of a power of attorney clause.

Powers of attorney are often included in employment contracts to allow an employer to sign documents on an employee’s behalf, typically to effect the transfer of intellectual property created during employment or after termination. As a matter of law, a power of attorney must be granted by deed to be valid.

If a contract contains a power of attorney clause but is signed as a simple contract, that power of attorney is ineffective. In practice, this may only become apparent years down the line - often after termination, when the employer needs to rely on it.

Intellectual property protection and senior roles

The general legal principle is that intellectual property ("IP") created by an employee in the course of their employment will generally vest in the employer automatically. However, this does not provide blanket protection.

Contracts often go further, requiring employees to assign future IP, waive moral rights and execute documents post‑termination to give effect to ownership. A power of attorney is commonly included to enable the employer to complete those steps if the employee is unwilling or unavailable to do so.

Where a business is IP‑heavy or reliant on innovation, the enforceability of these mechanisms can be commercially significant. This is why senior employee contracts and directors’ service agreements are commonly executed as deeds.

A common drafting trap

One issue we regularly see is power of attorney wording appearing in standard employee templates that are otherwise intended to be signed as simple contracts.

In those circumstances, the presence of the clause does not automatically convert the contract into a deed. If the execution formalities are not followed, the power of attorney is ineffective – even if both parties intended it to apply.

This creates a false sense of security for employers, who may assume they have stronger IP protections than they actually do.

Do existing contracts need to be fixed?

Not every contract containing IP provisions needs to be rewritten or re‑executed as a deed. In many cases, existing statutory and contractual IP protections will be sufficient, particularly for junior or non‑technical roles and there is no need to rely on a power of attorney clause.

However, employers should review whether:

A small formality with big consequences

Execution is often treated as an administrative afterthought. In reality, whether a contract is signed as a deed can determine whether key protections exist at all.

Q: Does an employee have a right to be accompanied to a disciplinary hearing and an appeal hearing?

A: Yes, an employee has the right to be accompanied at both a disciplinary hearing and disciplinary appeal hearing by a work colleague or a trade union representative (where the employee is a member of a union).