Minister for Employment Rights and Consumer Protection (): The government has 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 21stcentury. 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 into 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 these decisions
and how the right of access framework will operate in practice,
ensuring it is proportionate and enables regulated and
responsible union access into 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 CAC, 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 X April.
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 Plan to Make Work Pay 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 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.
