Gary Wedderburn , Senior Policy Adviser
Gary Wedderburn joined Acas in 2015 and is now a Senior Policy Adviser. His role includes reviewing and updating the Acas Codes of Practice. He is currently leading the work to update the Acas Code of Practice on time off for trade union duties and activities.
Acas has opened a public consultation seeking views on updates to our Code of Practice on time off for trade union duties and activities.
You can respond to the consultation by using the online response form. The consultation closes on 17 March 2026.
We're encouraging all interested individuals and organisations to respond to our consultation. It's important we receive a wide range of responses so we can shape the final version of the Code of Practice. Your responses will help us ensure the Code is balanced and supports fair and effective workplace relations for years to come. So, this is the perfect time to find out what Codes of Practice are and why they're important.
What is an Acas Code of Practice?
As a Senior Policy Adviser, I work as part of a team that develops and updates the Acas Codes of Practice. Those of you from HR or legal backgrounds will most likely be aware of them. But for those who aren't, here's a quick explainer.
Acas Codes set out the minimum standards of fairness to follow at work. Codes reflect the law but also provide good practice guidance.
Acas has 5 Codes of Practice that cover:
- disciplinary and grievance procedures
- disclosure of information to trade unions for collective bargaining purposes
- time off for trade union duties and activities
- settlement agreements
- requests for flexible working
Why are Acas Codes of Practice important?
Acas Codes of Practice are documents issued under specific legal powers (set out in the Trade Union and Labour Relations Act 1992). They cover important employment relations topics and are approved by Parliament to give them a statutory footing.
They set out relevant laws that must be followed and outline minimum standards of good practice and fairness that employers, workers and their representatives should follow.
A failure to follow an Acas Code of Practice does not in itself create any legal liability or give rise to any standalone proceedings. However, there are still potential legal implications to not following them.
Employment tribunals will take provisions of a Code into account when considering relevant questions during a case. In some cases, employment tribunals can also adjust awards by up to 25% for unreasonable failure to comply with a relevant Code.
Beyond their legal relevance, Acas Codes of Practice are intended to provide clear, practical frameworks for handling relevant workplace issues fairly, consistently and transparently.
When the principles set out in the Codes are followed, issues are more likely to be resolved early, reducing the risk of disputes escalating. They can support positive, productive workplaces by helping everyone understand their rights and obligations. The Codes help to build trust and encourage open and clear communication.
Why are we updating the Acas Code on time off for union duties and activities?
The government introduced the Employment Rights Bill as part of its Make Work Pay plan to reform employment law. The Bill became the Employment Rights Act on 18 December 2025. The rights in the Employment Rights Act will be brought into force over the course of the next 2 years. The government have set out a timeline for their intended introduction.
Find out more about when the law changes will take place
Among the reforms contained in the Act are two that impact the Acas Code of Practice on time off for union duties and activities. These include the introduction of new statutory rights to:
- reasonable time off for union equality representatives to carry out their duties that mirror the existing rights for union learning representatives
- require employers to provide 'accommodation and other facilities' to union representatives to carry out their duties, where requested and reasonable
The Act also includes a provision for Acas to provide practical guidance in a Code of Practice on these two new rights. This is why we are seeking your views on the updates to the Code of Practice. The updated Code will play an important role in helping implementation of these new rights. Your contribution will help shape a Code of Practice that will support fair and effective workplace relations in this area for years to come.
Once the consultation is complete, the Code will go through Parliament to be approved. The intended date for these two new rights to come into effect is October 2026, so the updated Code will need to be ready by then. Before the updated Code is launched, we will focus on supporting employers, workers and their representatives to understand the changes and put the Code into practice.
Are any other Acas Codes changing?
The Employment Rights Act 2025 will introduce changes to statutory flexible working requests. This means the Acas Code on flexible working requests is likely to need updating. The government have indicated they will soon carry out a public consultation on the planned flexible working reforms. The details of any changes needed to the Acas Code of Practice on flexible working will become clearer after the outcome of this consultation. The government have indicated that reforms to flexible working will come into effect in 2027.
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