Rights of trade union representatives

2. Time off for duties

An employer must allow a trade union representative reasonable paid time off from their usual work. This allows them to carry out certain trade union duties.

This right applies to representatives in certain roles.

Important: This is a preview of new advice. On 30 October 2026, it will replace the Acas booklet 'Trade union representation in the workplace'.

How much time off is reasonable

The law does not say exactly how much time a representative needs. What is reasonable depends on each situation.

This is because the amount of time off needed varies between representatives. It can depend on:

• the size of the organisation and the number of workers
• the type of organisation or sector
• the organisation's work processes
• the need to maintain a service to customers
• the safety and security of workers and customers
• the role and responsibilities of the representative
• the complexity of work that needs to take place
• the number of representatives and how they work together
• how time-sensitive consultation needs to be
• geographical locations and travel time

Sometimes representatives can work on one large piece of work. This can involve months of intense consultation. This particularly applies to collective redundancy, TUPE transfers and dealing with big organisational changes.

Other representatives might have a more steady flow of ongoing trade union work.

Representatives with more than one role

Some union representatives may take on multiple roles.

The employer, union and representative should agree together:

• the best way for a representative to carry out multiple roles
• what the priorities are
• how much flexibility a representative has around when they take time off

The union and the employer should make sure a representative is not overloaded. They have a joint interest to encourage other union members to become representatives. This can be especially important in specialist roles that are different from traditional trade union activities. For example, union equality representative.

Agreeing time off

By law, an employer must allow a representative reasonable paid time off for certain duties.

The legal right applies during someone's usual working hours. This is unless a duty needs to be done at a different time.

For example, Sam works night shifts. They need to accompany a worker to a disciplinary hearing during the day. Sam's employer pays them for this time.

The employer, trade union and representative should work together to agree what's reasonable.

It's good practice to have a formal agreement with clear guidelines on how requests for time off are handled. This can help to avoid confusion and minimise problems.

Find out about creating an agreement on time off for representatives

Giving notice

Representatives should give their employer as much notice as possible when asking for paid time off. This can help to maintain good working relationships and make it easier to arrange work cover. If a formal agreement is in place, they should follow that.

They should tell their employer:

• the purpose of the time off
• the intended location
• when they need time off
• how much time off they need

They should keep certain information confidential. For example, any personal information relating to workers involved in grievance or disciplinary matters.

Representatives should be as flexible as possible when asking for time off. This can help to minimise business disruption. This is especially important where unexpected requests might make it difficult to provide work cover.

They should tell their employer as soon as possible if they need to change or cancel time off.

Responding to requests

Employers and managers should consider requests for time off on a case-by-case basis. If a formal agreement is in place, they should follow that.

They should consider if a request is reasonable. This should include looking at:

• time off already taken or planned
• further time off likely to be requested in future

By law, an employer must agree to a request for reasonable time off for certain duties.

Employer responsibilities

The legal responsibility for allowing time off lies with the representative's employer. It does not lie with any associated employer, unless that's been agreed.

If organisations are on the same site, they may have joint negotiating and consulting arrangements. Legal responsibility lies with each representative's employer.

For multi-employer and multi-site arrangements, employers and trade unions should make special arrangements. This should be part of any agreement on time off.  

Examples of when this could apply include:

• collective bargaining and joint consultation take place among a group of employers
• representatives cover different sites of an organisation
• collective bargaining meetings take place at a regional or national level
• a small trade union has representatives who need to cover a large number of establishments

Trade union responsibilities

Trade unions should tell an employer as soon as possible:

• when a new representative is appointed – and the role they've been appointed to
• if a representative resigns from a trade union role

This is so an employer knows which employees have the legal right to paid time off.

It's a good idea to do this in writing. For example, in a letter or email.

There are extra requirements for union equality and learning representatives. By law, a trade union must tell an employer in writing that an employee:

• is a union learning representative or union equality representative
• has met the training requirements – find out more about time off for training

Payment for time spent on union duties

An employer must pay representatives for reasonable time off for certain trade union duties.

This must be either:

• the representative's usual pay
• an amount calculated using the representative's average hourly earnings – this applies where someone's pay varies with the work done

An employer should include different types of payments that a representative receives. For example, shift premiums, performance-related pay, bonuses and commission.

Dealing with problems

If an employer does not allow reasonable time off, the representative can raise it with their employer.

If this does not resolve the problem, there are other options. For example, they could make a claim to an employment tribunal.

Find out more about dealing with problems

Find out more

For more details, use this advice alongside the Acas Code of Practice on time off for trade union duties and activities.

3. Time off for training

By law, an employer must allow trade union representatives reasonable paid time off for relevant training. This legal right applies to representatives in certain roles.

Employers should allow all representatives some training, even if they do not have the legal right. This allows representatives to:

• carry out their role confidently and efficiently
• build effective workplace relationships
• represent their union members properly

Use this advice alongside the Acas Code of Practice on time off for trade union duties and activities.

Important: This is a preview of new advice. On 30 October 2026, it will replace the Acas booklet 'Trade union representation in the workplace'.

How much training is needed

The law does not say how much time off a representative should be allowed for training. It just says it should be 'reasonable'.

The amount of time can vary between representatives. It depends on:

• the role and responsibilities of the representative
• the collective bargaining arrangements in their organisation
• the structure of the trade union
• the arrangements agreed for handling proposed collective redundancies or TUPE transfers

Both new and experienced representatives have the right to time off for training. Training must be relevant to certain representative duties.

The legal right applies during someone's usual working hours. This is unless training is not available during those hours.

For example, Sam works night shifts. They do online training during their usual shift but can only do in-person training during the day. Their employer allows them to do the daytime training and pays them for this time.

Types of training

Many trade unions and the TUC provide training programmes for representatives. This can cover:

• training for new representatives
• training at a higher level for more established representatives
• general training in representational skills
• training for specialist roles – for example learning, equality and environmental representatives

The right to paid time off applies to online and in-person training.

Those in the 'union representative' role must do training approved by their trade union or the TUC. Training for other roles could be approved but does not have to be.

Training for new representatives

A new representative should have training in basic representational skills. Their employer should let them do this as soon as possible after their election or appointment.

Training on specific topics

New and experienced representatives may need training to develop specific topics or skills. For example:

• skills in representation, negotiation, consultation, resolving disputes, accompanying workers at disciplinary and grievance hearings
• carrying out special responsibilities – this is particularly important for collective redundancy and TUPE transfers
• training on specific things related to the needs of workers they represent
• employment law changes
• training for specific roles – for example union learning, equality or health and safety representatives

It might be appropriate for some representatives to train to become a qualified mediator. For example, if they're regularly involved in individual disciplinary and grievance cases. Find out more about mediation at work.

Training for union learning and equality representatives

Important: This is a preview of new advice. From 30 October 2026, union equality representatives will have the right to time off for training. The law has not changed yet.

There are specific training requirements for:

• union learning representatives
• union equality representatives

By law, these representatives are only entitled to paid time off for duties if one of the following applies:

• they've been trained
• they can show they'll do appropriate training within 6 months of being appointed – they can carry out their duties during this time
• they can show they have enough previous expertise and experience for the role

Examples of previous experience include:

• extensive on-the-job training
• shadowing an experienced union learning or union equality representative
• taking part in relevant union activities or learning
• for union learning representatives – teaching, training counselling, providing employment advice, HR development
• for union equality representatives – taking part in staff equality networks and equality initiatives

By law, a trade union must tell an employer in writing when a representative:

• is doing relevant training
• has completed their training
• is now competent to do the role

The union should also give details of the training provided and any previous relevant experience.

The 6-month period can be extended in some circumstances. For example, sickness, pregnancy, bereavement or unavoidable delays in arranging training.

The Acas Code of Practice includes more about training for these roles.

Agreeing time off for training

By law, an employer must allow a representative reasonable time off for training related to certain duties. The employer, trade union and representative should work together to agree what's reasonable.

Representatives should give their employer:

• as much notice as possible of training dates
• details of the training, including the course content and how long it lasts

It's good practice to have a formal agreement with clear guidelines on how training requests are handled. This can help to avoid confusion and minimise problems.

Find out about creating an agreement on time off for representatives

Training for managers

Managers need to understand the roles, responsibilities and rights of representatives in their team.

It's a good idea to include this in management training programmes.

Joint training with managers and representatives can also be helpful. This can help to:

• build trust
• improve everyone's understanding of the legal rights
• make sure time off arrangements work as smoothly as possible

Payment for time spent training

An employer must pay representatives for reasonable time off to do relevant training.

This must be either:

• the representative's usual pay
• an amount calculated using the representative's average hourly earnings – this applies where someone's pay varies with the work done

An employer should include different types of payments that a representative receives. For example, shift premiums, performance-related pay, bonuses and commission.

Dealing with problems

If a representative is not allowed reasonable time off for training, they can raise it with their employer.

If this does not resolve the problem, there are other options. For example, they could make a claim to an employment tribunal.

Find out more about dealing with problems

Get more advice and support

If you're a representative:

• ask your trade union about training they provide
• find training from the TUC

Acas and the CIPD have designed training for employers on how to work effectively with trade unions.

4. Facilities

By law, an employer must provide reasonable access to facilities, for example communication tools and meeting rooms. This legal right applies to trade union representatives in specific roles.

Representatives need these facilities to:

• carry out their role effectively
• do relevant training
• communicate with union members, their employer, other representatives and their trade union

Use this advice alongside the Acas Code of Practice on time off for trade union duties and activities.

Important: This is a preview of new advice. On 30 October 2026, it will replace the Acas booklet 'Trade union representation in the workplace'.

Who has the right to facilities

The legal right to facilities automatically applies to:

• TUPE representatives
• collective redundancy representatives

It also applies when facilities are requested by:

• union representatives
• union learning representatives
• union equality representatives

Previously, the right to facilities only applied to TUPE and collective redundancy representatives. The law changed on 30 October 2026 to give this right to more roles. The law is the Employment Rights Act 2025.

Important: This is a preview of new advice. The law has not changed yet.

What's reasonable to provide

What is reasonable depends on each situation. It can depend on:

• the size and resources of the organisation
• operational requirements and organisational structure
• details of any agreement between the employer and trade union
• the nature and scale of the work the representative is doing
• the needs of individual representatives, including disabled representatives who need reasonable adjustments

Types of facilities

The law talks about 'accommodation and other facilities'. This includes meeting rooms, offices and other space to work.

Where it's practical, an employer should provide:

• secure access to a telephone and other forms of communication – for example email, digital platforms, intranet and internet
• noticeboards or an online equivalent
• access to union members who work at different locations or have different working patterns
• access to computers and other technology to do online training or take part in online meetings
• meeting rooms
• dedicated office space – for example, if the amount of union work justifies it or multiple representatives could share the space

Employers should also provide private and confidential spaces for:

• communicating with union members online or by phone
• in-person or online meetings where representatives can discuss sensitive and confidential issues with union members
• meeting with workers involved in disciplinary or grievance matters

Confidentiality

Representatives and employers must comply with data protection and privacy law when providing and using facilities.  

This includes when accessing and processing:

• information that could seriously harm the organisation
• organisational and personal information

Information about someone's trade union membership is defined as:

• sensitive personal data under the Data Protection Act 2018
• special category data under the UK General Data Protection Regulation (UK GDPR)

Representatives and union members are entitled to communicate without being monitored by their employer. This is apart from in exceptional circumstances.

The employer and the trade union should agree rules around the confidentiality of communications.

Find out more about data protection and confidentiality in employment information guidance from the Information Commissioner's Office.

Disclosing information for collective bargaining purposes is covered separately. This is in the Acas Code of Practice on disclosure of information to trade unions for collective bargaining purposes.

Separate intranet and email accounts

In some cases it might be appropriate for an employer to allow a representative:

• a separate email address for their trade union work
• a password-protected area on an intranet or another communication tool

Agreeing use of facilities

Representatives should tell their employer as early as possible which facilities they need.

By law, an employer must allow a union representative their legal right to facilities. However, the employer, trade union and representative should work together to agree what's reasonable.

It's good practice to have a formal agreement with clear guidelines on how requests for facilities are handled. This can help to avoid confusion and minimise problems.

Find out about creating an agreement on time off for representatives

Dealing with problems

If a representative is not provided with reasonable facilities, they can raise it with their employer.  

If this does not resolve the problem, there are other options. For example, they could make a claim to an employment tribunal.

Find out more about dealing with problems

Get more advice and support

If you're a representative, you can ask your trade union about guidance and support available.

Acas and the CIPD have designed training for employers on how to work effectively with trade unions.

5. Dismissal and detriment

Representatives are protected by law from dismissal and detriment for carrying out certain trade union duties.

This means an employer must not dismiss a representative, or cause them detriment, because they:

• carry out certain trade union duties
• stand for election or are appointed to the role

This right applies to representatives in certain roles.

Important: This is a preview of new advice. On 30 October 2026, it will replace the Acas booklet 'Trade union representation in the workplace'.

Dismissal

An employer must not dismiss a representative for carrying out their trade union duties. This would be 'automatically unfair dismissal'.

An employer should allow a representative to appeal a dismissal.

If the appeal is not successful, the representative can take it further. They might want to make a claim to an employment tribunal.

Find out more about unfair dismissal

Detriment

Detriment means a representative experiences one or both of the following:

• being treated worse than before
• having their situation made worse

Examples of detriment could be:

• they experience bullying
• they experience harassment
• their employer turns down their training requests without good reason
• they are overlooked for promotions or development opportunities
• their employer reduces their hours without good reason

If a representative experiences detriment, they should raise it with their employer. If this does not resolve the problem, they might be able to make a claim to an employment tribunal.

Find out more about dealing with problems

6. Dealing with problems

A trade union representative who believes they're not getting their legal rights can raise the problem. They can do this informally or formally.

Important: This is a preview of new advice. On 30 October 2026, it will replace the Acas booklet 'Trade union representation in the workplace'.

Possible problems

Problems can include:

• an employer and a representative disagreeing about whether a time off request is reasonable
• a representative not allowed time off for training
• an employer not providing reasonable access to facilities
• a representative not being paid for time spent on trade union duties

If an employer refuses a time off request, the representative should not just take the time anyway. This could risk being a breach of contract.

How to raise a problem

The representative can raise this with their employer. It’s usually best to raise the problem informally first.

If they've already tried to resolve things informally, they can raise a grievance. This is a formal complaint to the employer.

A representative can also ask their trade union to help them. Trade unions should make sure their full-time officers are available to help resolve problems.

Other ways of trying to resolve a problem

Employers and unions can consider other options, to try to avoid an employment tribunal. For example, Acas's dispute resolution services.

Making a claim to an employment tribunal

Representatives can make a claim to an employment tribunal. This applies if:

• a representative has a role that gives the legal right to reasonable time off, training and facilities
• their employer has failed to provide reasonable time off, training, facilities or usual pay

An employment tribunal will take into account whether the employer has followed the Acas Code of Practice on time off for trade union duties and activities.

The law says it's the employer's responsibility to show a time off request was not reasonable. The representative does not have to prove their request was reasonable. The law on this responsibility changed on 30 October 2026.

Important: This is a preview of new advice. The law on this responsibility is changing on 30 October 2026. It has not changed yet.

Find out more about:

• employment tribunals
• early conciliation

Keeping records

Employers and representatives should keep records of:

• when a representative takes time off for trade union duties or training
• the purpose of each period of time off
• requests for facilities
• any requests that were refused, and the reason why

This can help when dealing with problems.

Get more advice and support

If you're a representative, you can ask your trade union about guidance and support available.

If you have a question about resolving a problem at work, you can contact the Acas helpline.