EAT procedure changes commence for specified trade union workplace access appeals
SI 2026/1077 came into force on 3 November 2026 across England, Wales and Scotland. It adapts Employment Appeal Tribunal procedure for specified appeals from Central Arbitration Committee workplace access decisions, without creating a general right to appeal every CAC decision.
The Employment Appeal Tribunal (Amendment) (No. 2) Rules 2026 came into force on 3 November 2026. The instrument, SI 2026/1077, updates Employment Appeal Tribunal procedure to accommodate specified appeals concerning trade unions' access to workplaces. Its territorial extent is England and Wales and Scotland.
The changes concern appeals from particular determinations, declarations and orders of the Central Arbitration Committee, commonly known as the CAC. They should not be reported as creating a general right to appeal every CAC decision. The appeal jurisdiction comes from the relevant statutory provisions; these rules adapt the procedural machinery through which qualifying appeals are handled.
The statutory connection
The explanatory note identifies the relevant appeal provisions as section 70ZM(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992. They sit within Chapter 5ZA of Part 1, concerning trade unions' right of access to workplaces. That chapter was inserted by section 59(2) of the Employment Rights Act 2025.
The distinction between substantive legislation and procedural rules is important. The 1992 Act provisions identify the decisions and appeal routes involved. SI 2026/1077 then amends the Employment Appeal Tribunal Rules 1993 so that existing provisions on starting, serving, responding to and disposing of appeals accommodate that jurisdiction.