Workplace expert Acas has launched an eight-week consultation on a revised Code of Practice covering time off for trade union duties and activities – guidance that will be taken into account by employment tribunals in relevant cases.
The draft Code has been updated to reflect new legal rights introduced under the Employment Rights Act 2025, including a new statutory right to time off for union equality representatives and a new requirement for employers to provide “accommodation and other facilities” for trade union reps carrying out their duties, where requested and reasonable. The law changes are expected to take effect in October 2026.
Acas chief executive Niall Mackenzie said the consultation aims to ensure the revised guidance is “clear, practical and promotes good employment relations between employers and trade unions”.
“Effective relationships between trade union representatives and employers can help build trust, prevent disputes and contribute to healthy productive organisations,” he said. “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 of Practice on time off for trade union duties and activities was last updated in 2010. Acas said the purpose of the draft is to set out good practice guidance that improves the effectiveness of relationships between employers and trade unions, with the updated Code expected to provide clarity on how employers and unions can make the new rights work in practice.
Employment rights minister Kate Dearden urged employers and employees to engage with 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.”
Under current rules, trade union reps are entitled to paid time off for union duties and relevant training, provided it is reasonable. However, equality representatives do not currently have a statutory right to time off or training – an issue that will change under the Employment Rights Act 2025, which introduces a right that mirrors the existing rights for union learning reps.
The Act also introduces new rights around facilities for union representatives. Acas noted there is currently no general statutory requirement for employers to provide union reps with facilities to carry out their duties, aside from certain circumstances such as collective redundancies. Under the new law, employers may be required to provide “accommodation and other facilities” for union reps if it is requested and reasonable.
TUC general secretary Paul Nowak said the changes were “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. He added that facility time can help “nip issues in the bud before they spiral into costly disputes”.
Acas said the draft Code aims to help employers and unions agree working arrangements covering “the practicalities of reasonable time off for union activities and the provision of accommodation and other facilities”.
The consultation opened at 10am on 20 January 2026 and closes at 5pm on 17 March 2026.