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From 30th October, trade unions have a new right to request access to workplaces, including digital channels, for purposes such as recruitment, organising, representation and collective bargaining. If agreement cannot be reached locally, the Central Arbitration Committee (CAC) will decide whether to enforce the access agreement and has powers to impose financial penalties for breaches.
1. Union access will need to be managed, not avoided
Many trusts already have constructive relationships with NEU, NASUWT, UNISON, GMB and/or Unite representatives. The new framework is likely to formalise expectations around access rather than leave it entirely to local custom and practice. The new right means that employers with more than 21 workers will have 15 working days to respond to an access request. The negotiation period will be 25 working days, during which both parties are expected to negotiate in good faith. If agreement cannot be reached, the union may apply to the CAC within 15 working days for a determination.
2. Local facilities agreements and recognition agreements should be reviewed
Many Trusts who recognise trade unions already have recognition or facilities agreements that have evolved over years.
Now is a good time to review these in line with the new statutory code of practice and to ensure you have protocols for visits by external union officials.
Where these documents are clear and future proof, you are less likely to encounter statutory access rights under the new scheme.
3. Line managers may need guidance
One risk is inconsistent handling of access requests by Headteachers and/or central team leads, leading to enforcement by the CAC and/or fines. For example: One school permits meetings after school, another refuses all access requests and a third allows access but imposes conditions not applied elsewhere or there isn’t a shared understanding of the new access rights.
In a MAT environment, inconsistency can create unnecessary industrial relations issues. A Trust-wide protocol aligned to the new statutory request would help ensure a consistent approach.
Review existing recognition and facilities agreements.
Map current union access arrangements across all schools and brief Headteachers and senior leaders.
If you have local school-based reps, engage with them to ensure a partnership approach and to develop a trust-wide protocol for handling access requests.
Decide your organisation’s position on physical and digital access: which rooms, how often, and what digital channels. Access during breaks or at the end of the working day tend to be most practical. The aim is to have your position ready before a union request arrives, rather than making concessions under the pressure of tight negotiation deadlines.
Assess the practical risks of access: Permitting third-party access to your workplace raises issues beyond industrial relations. Employers will, for example, need to ensure they comply with health and safety obligations towards visiting union representatives. Similarly, employer will want to manage the risk of liability for third-party harassment of their workforce by union representatives, as well as managing the risk of confidential and business-sensitive information being compromised.
Train HR colleagues on the new statutory framework and CAC process