Information on the consultation
This response is submitted by the Local Government Association (LGA) on behalf of local authorities. The LGA is a cross-party organisation that is the national voice of local government. We work with councils and central government to support, promote and improve local government. The LGA covers every part of England and Wales (through the WLGA) and includes county and district councils, London boroughs, metropolitan and unitary councils.
The Workforce Team of the LGA offers advice on employment issues and represents local government employer interests to central government, government agencies, trades unions and other interested parties. The LGA’s Local Government Resources Committee, whose remit includes workforce issues, comprises elected members from the LGA’s political groups providing cross party leadership to the LGA’s policy input. This submission has the support of all the political groups at the LGA.
The LGA manages sectoral collective bargaining in local government and national collective bargaining arrangements for fire, education and related sectors, covering, in total, over two million employees. Elected councillors (and other employer organisations where appropriate) and nationally recognised trade unions work together in a positive way to reach collective agreements on key employment issues such as pay and other terms and conditions. This helps to ensure that councils, and other employers, have pay, terms and conditions that are compliant with legislation and, where possible, model best practice.
The LGA works closely with member organisations and provides advice and support on employment matters.
We have not answered the individual questions in the consultation but have, instead, highlighted below the points that are of particular interest and importance to the local government sector. We have also encouraged councils to respond directly to the consultation.
The response is based on our knowledge of the issues as they impact on local government, keeping in mind that local authorities already have voluntary recognition agreements with trade unions and that they generally have constructive relationships with those unions. Therefore, authorities are keen to ensure that the new right of trade unions to access workplaces does not operate in a way that it is disruptive to existing union relationships.
Position where employer already recognises a trade union
The Code notes at several points that if an employer already recognises a trade union in respect of workers that are subject to an access request by another trade union, the CAC may refuse access on that basis, and we support the inclusion of that information in the Code. However, the Code also references that a trade union may apply for access with the long-term goal of obtaining statutory recognition (see paragraph 19). In this regard though it is important to note that where an employer already recognises a trade union in respect of the workers for which statutory recognition is sought, the CAC must refuse that application (see paragraph 35(1), Schedule A1, TULRCA 1992). It is our view that point should be included in the Code, to ensure that unions, employers and workers are aware of it.
Time off for employees
The right for trade unions to access workplaces and communicate with workers will not provide workers with a right to paid time off to attend meetings with unions. It is our view that this point should be included in the Code.
Aside from those points, the Code is clear and we believe it will assist parties in understanding and operating the new right.
If you would like to discuss our submission further, please contact [email protected]
18 May 2026