27/04/2026

In Great Britain (GB), a number of consultations are under way as the government prepares to implement the rights introduced by the Employment Rights Act 2025.

This update summarises key consultations and government responses published since early April 2026, and highlights what is (and is not) planned in Northern Ireland (NI).

1. TRADE UNION WORKPLACE ACCESS

Great Britain

On 8 April 2026 the government published its Response to the consultation on trade unions’ right to access workplaces. Under the Employment Rights Act 2025, GB will introduce a statutory right for independent trade unions to engage with workers (in person or digitally) for representation, support, recruitment, organisation and collective bargaining.

A further consultation draft code of practice on trade union right of access is seeking views from all interested parties to ensure the new Code of Practice is clear, practical and balanced. The new Code will be the main source of practical guidance on how access requests should be made, negotiated and implemented, dispute resolution and potential penalties via the Central Arbitration Committee. The Consultation closes on 20 May 2026.

The government plans to bring forward secondary legislation and lay the final Code before Parliament. The new right to access is expected to come into force by October 2026.

The position in Northern Ireland

The Department for the Economy “Way Forward” document (published on 28 April 2025) notes that NI currently provides a limited statutory right of union access in specific situations (for example, during a collective redundancy process). There is no general right of access for day‑to‑day union activity or recruitment discussions.

The Department has confirmed it intends to legislate to introduce a right for trade unions to request workplace access (including digital access). Access is expected to be subject to reasonable conditions (for example, timing and compliance with on‑site health & safety and security requirements). We understand NI may take a different approach to GB and may aligned more closely to what has been described as the lighter touch approach in New Zealand. We will keep Members updated as details emerge.

Employers Federation have also raised Members’ concerns directly with the Department. We were one of 20 business organisations that wrote to the Minister for the Economy highlighting issues with the proposals, including the potential impact of workplace voice and recognition proposals.

2. NDAS AND WORKPLACE HARASSMENT/DISCRIMINATION

Great Britain

On 15 April 2026 the government launched a consultation to prevent the misuse of non‑disclosure agreements (NDAs) in cases of workplace harassment or discrimination. This is expected to come into force during 2027 and will make certain NDA terms void where they restrict allegations or disclosures about relevant harassment/discrimination (subject to “excepted agreements”).

The consultation asks for views on:

• Conditions for “excepted agreements” (for example, independent legal advice, written opt‑in, a 14‑day cooling‑off period, accessible written copies, and limits on what conduct can be covered).
• Who disclosures can still be made to (for example, law enforcement, regulators, advisers, Acas, trade unions and close family), and whether this should extend to recruiters/prospective employers.
• Whether protection should extend beyond “workers” to other vulnerable groups (for example, some agency/seconded workers, trainees and certain self‑employed individuals).

The consultation closes on 8 July 2026.

The position in Northern Ireland (and Ireland)

There are currently no proposals to ban NDAs in NI in the same way as the GB consultation.

On 20 November 2024, Ireland brought in a general ban (with limited exceptions) on the use of NDAs where there have been allegations of discrimination, harassment or sexual harassment, connected to employment. Any such NDA will be null and void.

3. TUPE: CALL FOR EVIDENCE

Great Britain

On 8 April 2026 the government launched a call for evidence on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The government states it wants to strengthen protections for employees affected by transfers and modernise TUPE to improve efficiency.

Whilst there are no specific reform proposals yet the questions asked cover:

• how TUPE protections work in practice
• how to determine whether TUPE applies
• information and consultation requirements
• guidance and support for employers and representatives
• changing terms and conditions
• costs and impacts of transfers (including equality impacts)

The call for evidence closes on 1 July 2026.

The position in Northern Ireland

NI TUPE rules already differ from GB in some areas. For example, employee liability information must be provided within 14 days (rather than 28 days in GB) and pre‑transfer redundancy consultation cannot take place.

Disappointingly, the Department for the Economy has indicated it does not intend to make changes to NI’s TUPE framework at this time, but will keep developments in GB under review and continue engagement with stakeholders.