Acas has opened a consultation on updates to its Code of Practice on time off for trade union duties and activities, after new legal rights for union representatives were introduced in the Employment Rights Act 2025.
The workplace dispute resolution body said the revised draft code was intended to reflect changes in the law, including new statutory rights to paid time off for union equality representatives and a requirement for employers to provide accommodation and other facilities for union duties where it was requested and reasonable.
The consultation will run for eight weeks and closes on 17 March 2026, with the updated guidance expected to support employers, workers and trade union representatives ahead of changes due to take effect from October 2026.
Updated guidance reflects new statutory rights
The Code of Practice on time off for trade union duties and activities was last updated in 2010. Acas said the new draft aimed to provide good practice advice and improve working relationships between employers and trade unions, and would be taken into account by employment tribunals in relevant cases.
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The Employment Rights Act introduces new statutory rights to time off for union equality representatives, mirroring existing rights for union learning representatives. Equality representatives did not previously have a statutory right to time off or training.
The Act also introduced a new right requiring employers to provide “accommodation and other facilities” to union representatives for their time off duties, where it was requested and reasonable. Acas said there had previously been no general statutory requirement for employers to provide facilities for trade union representatives, except in specific situations such as collective redundancies.
Niall Mackenzie, chief executive of Acas, said constructive relationships between union representatives and employers could improve trust and reduce disputes. He said: “Effective relationships between trade union representatives and employers can help build trust, prevent disputes and contribute to healthy productive organisations.
“Our new draft Code of Practice has been updated to reflect new legal rights in the Employment Rights Act 2025 that cover time off for carrying out trade union duties.
“The Code provides good practice advice to help understand these new rights and we are keen to get views to ensure it is clear, practical and promotes good employment relations between employers and trade unions.”
Government and unions urge employers to take part
Employment Rights Minister Kate Dearden said the updated guidance was intended to help new rights operate effectively in practice and encouraged organisations to respond to the consultation.
“Strong workplace relationships help to raise living standards and productivity as well as being vital to lasting business success,” she said.
“I encourage all employers, workers, and trade union representatives to take the opportunity to shape this guidance. An updated Code of Practice will provide clarity to make these new rights work in practice and support productive workplaces across the country.”
The Trades Union Congress (TUC), which represents trade unions in the UK, welcomed the new rights and said equality representatives would play a key role in improving workplace inclusion.
Paul Nowak, general secretary of the TUC, said the changes could help reduce disputes and improve communication. “These new rights are a welcome step forward to modernising industrial relations in the UK. Equality reps, with paid facility time, will play a vital role in tackling workplace discrimination and making workplaces more inclusive and productive,” he said.
“Facility time saves employers money by helping to nip issues in the bud before they spiral into costly disputes.
“And it improves communication, supports wider staff wellbeing and helps resolve problems early and constructively. That’s good for workers, employers and the wider economy.”
Acas said the draft code aimed to help employers and unions agree practical arrangements for reasonable time off for union activities, as well as how accommodation and other facilities would work in practice.
The consultation on the draft Code of Practice on time off for trade union duties and activities opened at 10am on 20 January 2026 and closes at 5pm on 17 March 2026.
