# Employment Rights Act 2025, Paragraph 47: Access agreements

Extent: E+W+S

After paragraph 116 insert—
“Access agreements
116A (1) This paragraph applies if—
(a) the CAC accepts an application under paragraph 106, 107 or 112, and
(b) the application is in progress.
(2) The union (or unions) may, by giving notice to the CAC and the employer within the access request period, request access to the workers constituting the bargaining unit in connection with the application.
(3) The access request period is the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 111(5) or 115(5) that the application is accepted.
(4) For the purposes of this paragraph and paragraphs 116B to 116E, an application under paragraph 106, 107 or 112 is in progress if none of the following has occurred—
(a) in the case of an application under paragraph 106 or 107, the withdrawal of the application;
(b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);
(c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);
(d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;
(e) the holding of any ballot arising from the application.
116B (1) This paragraph applies if—
(a) the CAC accepts an application under paragraph 106, 107 or 112,
(b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(2) in connection with the application, and
(c) the application is in progress.
(2) The CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is (or unions are) to have access to the workers.
(3) The negotiation period is, subject to any notice under sub-paragraph (4) or (6)—
(a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 111(5) or 115(5) that the application is accepted, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(4) If, during the negotiation period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is (or unions are) to have access to the workers before the time when (apart from this sub-paragraph) the negotiation period would end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the date of the notice.
(5) A notice under sub-paragraph (4) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.
(6) If, during the negotiation period, the parties apply to the CAC for a declaration that the negotiation period is to end with a date (specified in the application) which is earlier or later than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date.
116C (1) This paragraph applies if—
(a) the CAC accepts an application under paragraph 106, 107 or 112,
(b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(2) in connection with the application,
(c) the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the workers, and
(d) the application is in progress.
(2) Within the adjudication period, the CAC must—
(a) decide the terms on which the union is (or unions are) to have access to the workers, or
(b) decide that the union is (or unions are) not to have access to the workers.
(3) The adjudication period is—
(a) the period of 10 working days starting with the day after the day with which the negotiation period ends, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(4) Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to—
(a) inform the workers of the object of the application or any ballot arising from it, and
(b) seek their support and their opinions on the issues involved.
116D (1) This paragraph applies if—
(a) an access agreement is entered into, and
(b) the application under paragraph 106, 107 or 112 is in progress.
(2) “Access agreement” means—
(a) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or
(b) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C,
and such an agreement is to be treated as “entered into” when the terms are so agreed or decided.
(3) The parties must comply with the access agreement.
(4) The employer must refrain from making any offer to any or all of the workers constituting the bargaining unit which—
(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and
(b) is not reasonable in the circumstances.
(5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—
(a) attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or
(b) indicated an intention to attend or take part in such a meeting.
(6) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—
(a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 116E to remedy a failure to comply with the duty in sub-paragraph (3), and
(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.
(7) The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.
(8) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to a person other than a person appointed under paragraph 117 to conduct a ballot is of no effect for the purposes of this Part of this Schedule.
(9) “Personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(10) An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.
116E (1) Sub-paragraph (2) applies if—
(a) the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 116D, and
(b) the application under paragraph 106, 107 or 112 is in progress.
(2) The CAC may order the party—
(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and
(b) to do so within such period as the CAC considers reasonable and specifies in the order.
(3) Sub-paragraphs (4) and (5) apply if—
(a) the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2), and
(b) the application under paragraph 106, 107 or 112 is in progress.
(4) If the party that has failed to comply is the employer, the CAC may—
(a) refuse the employer’s application under paragraph 106 or 107;
(b) order the employer to refrain from any campaigning in relation to an application under paragraph 112.
(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect; and the bargaining arrangements cease to have effect accordingly.
116F (1) This paragraph applies if the CAC has made an order under paragraph 116E(4)(b) in relation to an application under paragraph 112.
(2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.
(3) The order may be enforced—
(a) in England and Wales, in the same way as an order of the county court;
(b) in Scotland, in the same way as an order of the sheriff.
116G (1) Each of the powers specified in sub-paragraph (2) is to be taken to include power to issue Codes of Practice about any matter relating to requests for access under paragraph 116A(2), including (among other things)—
(a) what access is reasonable for the purposes of paragraph 116C(4);
(b) the duty in paragraph 116D(4).
(2) The powers are—
(a) the power of ACAS under section 199(1);
(b) the power of the Secretary of State under section 203(1)(a).”

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Source: https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/47 (the official version)
Page: https://openlegislation.uk/employment-rights-act-2025/schedule-6/paragraph-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.