Trade union access reforms should be delayed until full employer guidance is published, warns the CIPD in letter to Government

Neil Carberry, chief executive of the CIPD, has written to Jonathan Reynolds, Secretary of State for Business, Innovation, Science, and Trade, urging the Government to delay new rights for trade union access to workplaces from the planned date of 30 October 2026 to January 2027, as employer guidance is still being developed. 

The reforms are among the most significant changes to trade union law in decades, enabling unions to access workplaces - physically and digitally - for recruitment and organising purposes. They are complex and due to take effect in a matter of days, yet the final guidance for employers on how to comply may not be published before the laws come into force. 

In his letter, Carberry states that to push ahead with the current date would mean employers won’t be ready for the changes and that it will increase the likelihood of avoidable disputes.  

Furthermore, he says that delaying the reforms to ensure employers have the opportunity to understand how to comply with the new laws before they come into force would be a clear signal from government that it’s seeking to build a positive employment relations climate.  

The CIPD says many technical questions about digital access rights remain unanswered in the draft guidance, and further clarity is needed to avoid misunderstandings, compliance risks, and unnecessary disputes. 

Carberry said: “Trade union access to workplaces is a huge shake-up of employment relations, and it is complex. Particularly on issues like digital access, there are huge risks of getting things wrong and contributing to workplace conflict rather than avoiding it. As things stand, we’re at risk of employers being asked to act without the necessary guidance, and without time to understand how to comply. A short pause, so employers can understand and act on that guidance before the changes take effect, is the sensible thing to do, and will help prevent avoidable disputes. 

“This kind of change would also signal that government is serious about working with employers to understand the practical challenges of implementing the Employment Rights Act 2025 in our workplaces. Employers know their workplaces, and their concerns come from experience and expertise – not ideology.  

“We saw last December, on unfair dismissal reform, what can happen when government, unions, and business sit down and work through difficult issues together. We need to make this way of working the rule, rather than the exception.” 

Carberry’s letter explains how delaying unions’ right of access to 1 January 2027 would: 

• Provide more time for guidance to be fully developed and communicated to employers before the new laws come into force 

• Align with the new timeline for the requirement on employers to inform workers of their right to join a trade union 

• Help all parties, employers, and trade unions better understand and implement the reforms

Read key elements of the letter here.