As part of “voice and representation” under the Good Jobs Employment Rights Bill, the Department for the Economy is proposing to strengthen the role of trade unions.
To do this the Department plans to introduce a new right of trade union access to workplaces. This new proposed right of access will apply to all workplaces whether a trade union is currently recognised or not.
Right of Access in New Zealand
Under New Zealand’s Employment Relations Act 2000 (Sections 19–25), trade union representatives have a legal right to access workplaces during working hours for a range of purposes including: supporting members with employment-related issues; promoting union membership; and ensuring compliance with employment legislation. This access is automatic when a collective agreement is in force or is being negotiated for the work done at that site. In other cases, union representatives must seek employer consent which cannot be unreasonably withheld. Employers are required to respond to access requests promptly—by the next working day—and if no response is given within 2 working days, consent is deemed to have been granted.
Even when consent is not required, union representatives must comply with specific conditions. They must enter at reasonable times, follow health, safety, and security procedures, and act in a manner that respects normal business operations. Upon arrival, they are expected to notify the employer of their presence, provide identification and the reason for their visit. If the employer cannot be located despite reasonable efforts, the representative must leave a written notice detailing their identity, union affiliation, time, date, and purpose of entry. These protocols are designed to balance union access with operational integrity and workplace safety.
There are limited circumstances under which access may be denied. These include: national security concerns; religious exemptions (supported by a certificate under Section 24); and situations where no employees are union members and the workforce is fewer than 20 people. Employers who deny access must provide written reasons, and penalties may apply for breaches of the access provisions. The legislation aims to ensure fair and reasonable access for unions while safeguarding employers’ rights to manage their premises and maintain operational continuity.
Your views
We are now seeking employers’ views on the Department’s plans.
Your views will help shape the operational details of how increased trade union access might work in practice if brought into law. The Department has stated that the right will come in (subject to Executive approval).
We are seeking your views on a number of areas, including:
- Preferred methods for unions to request access (written, verbal, or other)
- Appropriate points of contact within a business (owner, HR, etc.)
- Reasonable timeframes for acknowledging and arranging access (e.g. 5 working days vs. New Zealand’s 2-day standard)
- Scope of access—whether limited to common areas or negotiated case-by-case
- Digital access protocols, including employee consent and communication limits
- Grounds for denying access and whether these should be legislated
- Coordination of multiple union requests to avoid operational disruption
- Enforcement mechanisms, including potential penalties for non-compliance
It will be important that any new obligations placed on employers are proportionate, clearly defined, and sensitive to the realities of running a business. Your input will help ensure that any final legislation (if passed by the Executive) deals with the practical constraints faced by employers. If you have any comments, or if you are interested in helping us to respond to more detailed questions, please contact info@eefni.org
On Wednesday 15 October 2025 Enda Young, founder and CEO of the Centre for Negotiation and Leadership, will be delivering a 1 day training session to Employers Federation Members at a special rate.
This course, Negotiation and Influencing Skills, will be held at our office and is designed for all HR staff, managers and leaders who want to improve their everyday negotiation and influencing skills.
Less than 10 places remain available and the cost per person is £495 plus VAT.
Further details of the course are set out below.
To reserve a place, please contact john@eefni.org. Our standard booking and cancellation terms as set out in our terms of business (attached) apply. Terms of Business
Learning Outcomes:
By the end of this programme, participants will be able to:
Understand Core Negotiation Principles: Recognise the key principles of negotiation, including interests, positions, Best Alternative to a Negotiated Agreement (BATNA), Zones of Possible Agreement (ZOPA) and apply them effectively in employer employee interactions
Develop Effective Communication Skills: Utilise active listening, questioning, and clear expression techniques to enhance understanding and rapport during negotiations
Identify and Manage Conflict: Recognise common sources of conflict in the workplace and analyse their own default conflict style
Enhance Influencing Techniques: Apply a range of influencing strategies, adapting them to suit different personalities and contexts, to achieve desired outcomes without damaging relationships
Plan and Structure Negotiations: Prepare effectively for negotiations by analysing the people, process and problem and develop a structured approach to achieve goals
Build Confidence in Negotiation Situations: Overcome common barriers to effective negotiation, develop resilience, and maintain composure under pressure.
Following the success of our autumn Hearing, we held a further Mock Tribunal Workshop on 5 June 2024 at the Culloden Estate.
Our case on this occasion dealt with allegations of age harassment, sexual harassment, and unfair constructive dismissal.
We were very privileged to be joined by Employment Judge Drennan KC who presided over the case. Two of our experienced solicitor advocates acted for the parties and our full-house of delegates watched the cross-examination of both the Claimant and the Respondent witness.
The Workshop was an excellent practical demonstration of what to expect at Tribunal and the style of cross-examination questions. Employment Judge Drennan KC gave some interesting insights from the perspective of the Judge/panel.
Given the excellent feedback, we hope to run a further in-person Mock Tribunal in 2025.
Employers Federation Employment Law & HR Conference – Wednesday 18 September 2024
We are delighted to announce that Karina Todd of Over The Bloody Moon* will be speaking at our Employment Law & HR Conference demonstrating how an Organisation can implement a Menopause Strategy into their Organisation. This will be a practical and insightful session on a topic that is relevant to all our businesses.
Karina will also bring the MenoVest along as part of her talk which delegates will be able to try during the breaks. The MenoVestTM is a garment that simulates a few of the most disruptive menopause symptoms that include hot flashes and brain fog. It has been designed to encourage intersectional conversation, engagement, and allyship around menopause. Members may have seen the MenoVestTM worn by politicians in Westminster and Stormont.
Over The Bloody Moon working in partnership with Employers Federation
After the Conference, and during October 2024, we are partnering with Over The Bloody Moon to roll out a series of in-depth menopause awareness training sessions. These sessions will be aimed at equipping managers in the workplace to be able to confidently support employees experiencing the effects of menopause.
Over The Bloody Moon will be delivering some of their key training programmes at our offices at a special per person rate, rather than their normal Organisation rate.
This will make the training accessible to a wider range of employers as there is no minimum number of delegates required to attend from one organisation. The training will include:
- Menopause – Advanced People Manager Training
- Menopause Ambassador Training
- Menopause Allies Training
Further details of the training at our offices will be circulated over the next few weeks including dates and the special per person rate agreed for Employers Federation events. At this stage, we simply ask an expression of interest into the sessions by emailing info@eefni.org
*Over The Bloody Moon
Over The Bloody Moon (OTBM) is a global menopause training agency with a best practice framework to help organisations become menopause inclusive. Services include award-winning training and experiential learning events, webinars and digital resources. They are the proud recipients of the 2023 Elite Business Award for “Best Menopause Training Organisation.”