The Government have set the country on the path of national renewal, building a Britain for all on the firm foundations of security, respect and opportunity. That means creating an economy that delivers for working people: productive, profitable and growing, and creating the best environment for business by maximising job security to raise productivity, improve skills and cut the costs of staff turnover.
The Government’s plan to make work pay will bring employment rights legislation into the 21st century. We are building an economy based on fair competition between businesses, greater productivity in the workplace, job security for workers, and fair reward for hard work, delivered in partnership with businesses, trade unions, public sector employers and civil society.
Government response to the consultation “Make Work Pay: trade union right of access”
As part of this, last autumn we consulted on strengthening trade union access to the workplace. Respondents engaged extensively, and their feedback has been carefully analysed and used to inform the final statutory access framework.
The Government response published today sets out the decisions and how the right of access framework will operate in practice, ensuring it is proportionate and enables regulated and responsible union access to the workplace. This includes:
Clear requirements for written union access requests and employer responses, supported by Government-issued templates;
Defined time periods for responses, negotiation and any referrals to the Central Arbitration Committee, with flexibility for agreed extensions;
Circumstances where the CAC must refuse access and when it may be reasonable to do so, ensuring safeguards for all parties; and
A three-tier enforcement system and clear factors the CAC must consider when setting fines, such as the scale and resources of the liable party.
Consultation on draft code of practice on Trade Union Right of Access
Alongside the Government response, we are launching a consultation on a new draft code of practice on statutory trade union access. The code will provide clear, practical guidance for employers and unions on how to navigate the new framework and apply it across different types of workplaces. This is an opportunity for all interested parties to help shape this guidance before it is finalised, helping ensure that the new statutory right of access is well understood and supports smooth, effective implementation.
The consultation will run for six weeks, closing on 20 May.
The final policy details for trade union access to workplaces will be set out in legislation through statutory instruments, which will be laid in Parliament this summer alongside the code of practice.
TUPE Call for Evidence
Today we are also launching a call for evidence on the Transfer of Undertakings (Protection of Employment) Regulations—TUPE. The Make Work Pay plan committed to reforming the TUPE regulations. The regulations exist to support business transfers and protect staff whose job is moved to a new employer. We believe firms should be able to smoothly transfer part or all of their business or transfer service provision, and supporting a stable workforce during transitions can in turn support a competitive business environment. The TUPE regulations should be easy to understand and follow for employers and protect staff.
We intend to consider reforms based on these principles —maintaining the right level of employment rights and protections but simplifying the process for employers.
Through this call for evidence, we will gather evidence on the prevalence and experience of TUPE, including on how many employees it affects and what types of employees and employers are affected. It will also gather evidence on whether employers understand the current rules, and whether the current required steps are followed in practice. We will engage stakeholders throughout. The information gathered will support decision making on any TUPE reforms.
Next steps
This package of consultations sets out the next steps in delivering our plans. They are critical to shaping the practical implementation of this legislation, helping the Government to deliver reforms that are both effective and inclusive. It is in everyone’s interest to get the relationship between employer and worker right. These consultations and the further consultations planned will help us make work pay for both.
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