Acas consultation: draft Code of Practice on time off for trade union duties and activities

20 January 2026

Foreword

Acas is updating its statutory Code of Practice on time off for trade union duties and activities, including guidance on time off for union learning representatives. We are doing this to reflect the reforms to legislation set out in the Employment Rights Act 2025. We will also update our non-statutory guidance which sits alongside the Code.

The draft Code under consultation has been prepared by Acas with the intention of providing a clear explanation of the law and practical guidance. It's also a welcome opportunity for Acas to update the Code in line with the public sector accessibility regulations, to make it as accessible as possible.

The draft Code has benefited from the expertise, scrutiny and input of members of the Acas Council. This includes independent Council members and members representing employers and workers.

We encourage all interested individuals and organisations to respond to this consultation. We look forward to your valuable contributions.

Niall Mackenzie
Acas Chief Executive

Introduction

Why we are consulting

Through the Employment Rights Act 2025, the government will introduce new rights into the Trade Union and Labour Relations (Consolidation) Act 1992. These new rights are:

• a legal requirement to provide union equality representatives time off to carry out specified duties, including time off for relevant training
• a new requirement for employers, where requested, to provide accommodation and other facilities as is reasonable to enable union representatives, union learning representatives and union equality representatives to carry out their duties

The Employment Rights Act 2025 will amend sections 199 and 200 of the Trade Union and Labour Relations (Consolidation) Act 1992. This will make provision for Acas to provide practical guidance in a Code of Practice on:

• time off for union equality representatives
• the accommodation and facilities an employer must provide to trade union representatives, trade union learning representatives and trade union equality representatives so they can carry out relevant duties

Acas is therefore seeking to update its statutory Code of Practice on time off for trade union duties and activities including guidance on time off for union learning representatives.

The current Code provides employers, employees and representatives with a clear explanation of the law and provide practical guidance on the provision of:

• time off for carrying out trade union duties and activities
• time off for union learning representatives to carry out relevant duties and training

The updated Code seeks to:

• provide a clear explanation of the law and practical guidance on time off for union equality representatives to carry out relevant duties and training
• provide a clear explanation of the law and practical guidance on the new requirement for employers, where requested, to provide accommodation and other facilities as is reasonable to enable union representatives, union learning representatives and union equality representatives to carry out their duties
• update the accessibility of the Code in line with the public sector accessibility regulations
• maintain the existing explanation of law and guidance on trade union duties and activities, including for union learning representatives

Statutory Codes of Practice are not legally binding. But they are taken into account by courts and employment tribunals when considering relevant cases.

Consultation details

• Consultation opened: 10am, Tuesday 20 January 2026
• Respond by: 5pm, Tuesday 17 March 2026

Enquiries by email to: consultations@acas.org.uk

We welcome contributions from all interested individuals and organisations. This includes employers, workers, trade unions, business representative groups, legal representatives, and any other bodies or individuals with an interest in trade union practices and good employment relations.

How to respond

Use our online form to respond to the consultation

Alternatively, you can download the consultation questions in Microsoft Word format and email your response to consultations@acas.org.uk:

• consultation questions – responding as an individual (DOCX, 42KB)
• consultation questions – responding as an employer or organisation (DOCX, 37KB)

If you need to submit your response in another way, email consultations@acas.org.uk

To make your submission as helpful as possible, please:

• read the draft Code and this consultation document in full before responding
• keep your response concise and to the point – we suggest a limit of 500 words for each open text question
• keep your response as plain text only – the online form does not support hyperlinks, tables or images

Confidentiality and data protection

Information you provide in response to this consultation, including personal information, may be subject to publication, release to other parties or to disclosure in accordance with UK access to information legislation – primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA) and the Environmental Information Regulations 2004.

If you want information, including personal data that you provide, to be treated as confidential, please be aware that under the FOIA, there is a statutory Code of Practice that public authorities must comply with. This deals, amongst other things, with obligations of confidence.

In view of this, please explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation. But we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on Acas.

Acas will process your personal data in accordance with the DPA. In the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

We may use artificial intelligence (AI) tools, to help process and analyse consultation responses. This will be limited to identifying themes, grouping similar responses, and supporting our analysis. Decisions will not be based solely on AI analysis of responses. All responses will be reviewed and considered by Acas staff.

The AI tools will only be used for the purposes of this consultation. They will not be applied to your personal data for any unrelated purposes.

Background

On 10 October 2024, the Government introduced the Employment Rights Bill into Parliament. The Bill is the main way of delivering many of the reforms set out in the Next Steps to Make Work Pay paper (GOV.UK).

The Employment Rights Bill gained Royal Assent on 18 December 2025 and became the Employment Rights Act 2025 (Legislation.gov.uk). The employment law changes included in the Act will come into force over a period of 2 years. Most changes will happen in 2026 and 2027.

The existing Acas Code of Practice on time off for trade union duties and activities including guidance on time off for union learning representatives was published on 1 January 2010. That edition of the Code was developed in response to a request from the then government to update the Acas Code. It followed the outcome of a 2007 Department of Trade and Industry consultation, Workplace representatives: a review of their facilities and facility time (PDF, UK Government Web Archive). No revisions to the Code have since been made.

Acas has prepared an updated draft statutory Code of Practice on time off for trade union duties and activities.

In accordance with section 200 of the Trade Union and Labour Relations (Consolidation) Act 1992, Acas is now publishing the draft Code for public consultation. We will consider any representations made to us about it and may then modify the draft accordingly. If we determine to proceed with the updated draft Code, it will be presented to the Secretary of State for Business and Trade. If they approve it, the updated Code will be laid before Parliament.

Alongside the existing Code, Acas currently provides non-statutory guidance on the roles and responsibilities of worker representatives. This is currently provided in two Acas guides on trade union and employee representation. These guides set out additional guidelines on the law and good practice.

This guidance will also be reviewed and updated in line with the new legal rights and obligations, and the revised Acas Code.

The Employment Rights Act 2025 also introduces other rights concerning trade unions. These include:

• updated rules on the statutory trade union recognition scheme
• a new right for trade unions to access workplaces

Acas considers that guidance on these new rights are not within the scope of this Code or consultation. Acas will provide non-statutory guidance on these new rights in due course.

Comments are invited on all aspects of the draft Code. However, there are some specific issues on which Acas is especially keen to hear your views. These are set out in the consultation questions. We encourage you to read the draft Code in full before responding to the consultation.

Consultation questions

The following questions relate to the draft Code of Practice on time off for trade union duties and activities.

Section A: Guidance on equality representatives' right to time off

Detail and clarity of the Code

The Employment Rights Act 2025 introduces a legal right for union equality representatives to take paid time off to carry out specified duties. Qualification for this right mirrors the existing right for trade union learning representatives to take time off.

Acas has added guidance to the draft Code setting out and explaining the new legal requirements for union equality representatives to take time off.

These additions include:

• the duties for which union equality representatives must be allowed reasonable time off (paragraph 23)
• a definition of equality in the workplace for the purposes of union equality representatives’ right to time off (paragraph 24)
• guidance on training for equality representatives (paragraphs 41 to 46)
• wording on relevant previous experience for equality representatives (paragraphs 47 to 50)

Acas has focused on setting out these general principles in the draft Code, allowing for a clear understanding of the standards it sets out. Acas's accompanying non-statutory guidance will expand on these principles and give further detail.

Combining guidance on union equality representatives and union learning representatives

The new right for union equality representatives to take reasonable time off closely mirrors the existing right to reasonable time off for union learning representatives.

Acas believes there are sufficient similarities to integrate references to union equality representatives alongside references to union learning representatives in the same section. This is particularly the case in paragraphs 41 to 50.

Acas recognises presenting the guidance in this way could risk confusion between the two types of representatives. However, Acas believes that:

• where there are differences between the two types of representatives, this is made sufficiently clear
• presenting the guidance in this way prevents significant duplication of information and overall lengthening of the draft Code

Duties covered by the right to time off

The Employment Rights Act 2025 sets out the purposes for which the right to time off for a trade union equality representative will apply.

At paragraph 46 in the draft Code, Acas has sought to set out practical examples of those duties – it is not intended to be an exhaustive list. These examples aim to help users interpret the types of activities that could fall within the right to time off, without making the Code overly prescriptive or unnecessarily long.

Training for union equality representatives

The Employment Rights Act 2025 sets out that the right for union equality representatives to take time off to carry out their duties applies if both:

• the trade union gives notice in writing that the employee is an equality representative of the union
• the employee has met the training condition

To satisfy this training condition, an employee will need to be able to demonstrate that they have received sufficient training to enable them to operate competently as a union equality representative.

Paragraphs 44 to 48 of the draft Code are intended to set out practical guidance on how an employee could demonstrate to their union that they have received sufficient training. This guidance should also help a union to understand the evidence that might be acceptable for this purpose.

Section B: Guidance on accommodation and other facilities

There is currently no general duty on employers to provide accommodation and facilities for union representatives. However, there are specific requirements in this regard for representatives engaged in duties related to collective redundancies and TUPE.

The existing Code includes good practice guidance on the provision of facilities for union representatives (paragraphs 46 to 47). It also includes guidance on including facilities for union representatives in formal agreements on time off between an employer and trade union (paragraphs 56 to 61).

The Employment Rights Act 2025 introduces a new right requiring the employer to 'provide the employee with such accommodation and other facilities for carrying out of duties (or undergoing relevant training) as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by Acas'. The right will apply to trade union representatives including union learning representatives and union equality representatives. The right will be triggered where the employee requests accommodation or facilities.

Acas has updated the draft Code to reflect this new statutory right and set out practical guidance in paragraphs 72 to 75. Acas has focused on setting out general principles in the draft Code, allowing for a clear understanding of the standards it sets out. Acas's accompanying non-statutory guidance will expand on these principles and give further detail.

Section C: Guidance for smaller organisations

Acas is keen to ensure that the guidance contained in the draft Code provides appropriate practical recommendations for employers and trade unions in smaller organisations. As such, Acas is seeking views on the guidance in paragraph 82 of the draft Code. This has been adapted from the wording in paragraph 61 of the current Code.

Acas recognises that agreements between employers and trade unions in smaller organisations may benefit from:

• reaching a mutual understanding on how to make requests for time off, accommodation and other facilities, and the relevant factors to consider when requests are made
• agreeing more flexible arrangements that can be adapted to their specific circumstances

This approach is intended to provide for flexibility and proportionality in organisations where a less flexible agreement setting out a mandatory set procedure may not be practical. Acas would like to understand:

• whether the Code remains appropriate and effective for smaller organisations
• whether providing any additional detail would help smaller employers apply the principles in the Code

Section D: Restructure of the existing Code

While Acas's existing Code requires updating due to changes in the law, we also see this as a welcome opportunity to carry out a full review of the Code's layout, structure, phrasing and formatting. Website accessibility and usability standards have moved on since the Code was last updated in 2010.

With this in mind, Acas has sought to update the layout, structure, phrasing and formatting of the Code of Practice in line with the public sector accessibility regulations introduced in 2018. At the same time, we have sought to ensure that:

• the draft Code allows for a clear understanding of the practical guidance that it sets out
• the meaning and interpretation of the good practice principles already contained in the existing Code are maintained in the draft Code

Respond to this consultation

Use our online form to respond to the consultation