Types of representatives
Trade union representatives have legal rights that allow them to carry out their duties. These rights depend on the type of role the representative has. Rights can include:
- paid time off from someone's usual work to carry out certain trade union duties
- paid time off for relevant training
- access to facilities to carry out certain duties – for example communication tools and meeting rooms
- protection from dismissal and detriment for carrying out trade union duties and activities
The main laws that cover this topic are:
- Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)
- Employment Rights Act 2025
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 to use this advice
This advice is for employers, trade unions and trade union representatives. It applies to organisations that have a recognised trade union.
Employers, trade unions and representatives must follow the law when agreeing how to implement representatives' rights. The Acas Code of Practice on time off for trade union duties and activities sets out how this should be done. An employment tribunal will take this into account in any relevant claims.
Terminology
In this advice, 'union representative' means a specific role. This is separate to roles such as 'union learning representative' and 'union equality representative'.
We use 'representative' as a general term. This means all representative roles together.
Representatives are often known as 'trade union reps'. Some sectors use 'shop steward' to mean 'union representative'.
Who has legal rights
Representatives have different legal rights depending on their roles and responsibilities.
Roles where a representative has legal rights are:
- union representative
- union equality representative
- union learning representative
- health and safety representative
- TUPE representative
- collective redundancy representative
- information and consultation representative
- pension representative
- workforce agreement representative
- representative involved in European consultative bodies
Representatives in other specialist roles do not have the same legal rights. For example, environmental representatives.
However, it's good practice to allow all representatives reasonable access to time off, training and facilities. Without these, they cannot carry out their role effectively.
Representatives with more than one role
Some representatives may take on multiple roles. A representative with more than one role has the legal rights for each role.
Law changes
Important: This is a preview of new advice. The law has not changed yet.
The law changed on 30 October 2026. From that date:
- union equality representatives have a legal right to time off for certain duties and training
- more representatives have a legal right to facilities, if they request them – this applies to union representatives, union learning representatives and union equality representatives
These changes were introduced as part of the Employment Rights Act 2025.
Union representatives
Union representatives often need to carry out a wide range of duties. This can include:
- collective bargaining
- accompanying workers at disciplinary or grievance hearings
- working with management
- communicating with union members
A union representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
The Acas Code of Practice includes more about the legal rights for this role.
Collective bargaining
Collective bargaining means negotiations between an employer and a recognised trade union.
This role can be demanding. A representative might need to spend a lot of time on their duties.
The legal rights apply when a representative is carrying out collective bargaining related to:
- terms and conditions of employment, or the physical conditions of work
- starting and ending employment, including suspension from work
- allocation of work or duties of employment
- matters of discipline
- trade union membership or non-membership
- facilities for union representatives
- agreeing how negotiation and consultation will work for relevant collective bargaining issues
Accompanying workers at disciplinary or grievance hearings
A union representative can be a 'companion' at:
They may also appear as a witness, for example at an employment tribunal.
The union representative's legal rights apply when:
- their trade union confirms that they have relevant experience or training
- they work for the same employer as the worker they're accompanying
When accompanying workers, a trade union does not need to be recognised by the employer.
Union equality representatives
Union equality representatives can be involved with a wide range of activities relating to equality.
A union equality representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
These legal rights apply when:
- a union equality representative has been elected or appointed, according to the trade union's rules
- the union has told the employer a union equality representative has been appropriately trained or will be within 6 months – find out more about time off for training
- a union equality representative is carrying out certain activities
These activities must relate to:
- carrying out activities promoting the value of equality at work
- arranging learning or training relating to equality
- providing information, advice or support to union members relating to equality
- obtaining and analysing information relating to equality
- consulting with the employer about equality-related issues
- preparing to carry out any of these activities
The Acas Code of Practice includes more about the legal rights for this role.
Union learning representatives
Union learning representatives are appointed to promote and enable training and learning.
A union learning representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
These legal rights apply when:
- a union learning representative has been elected or appointed, according to the trade union's rules
- the union has told the employer a union learning representative has been appropriately trained or will be within 6 months – find out more about time off for training
- a union learning representative is carrying out certain activities
These activities must relate to:
- analysing learning or training needs
- providing information and advice about learning or training
- arranging learning or training
- promoting the value of learning or training
- consulting the employer about these activities
- preparing to carry out any of these activities
- doing relevant training
The Acas Code of Practice includes more about the legal rights for this role.
Health and safety representatives
A health and safety representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
Find out more in the 'Consulting workers on health and safety' Codes of Practice and guidance (Health and Safety Executive).
TUPE representatives
TUPE representatives are elected to take part in consultation related to TUPE transfers. This can be a large amount of complex work over many months.
A TUPE representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
These legal rights apply when a TUPE representative needs time off for activities related to:
- informing and consulting under TUPE regulations
- negotiations with a view to agreeing new terms and conditions for TUPE transfers where there are insolvency proceedings
- making an agreement for TUPE transfers where there are insolvency proceedings
The Acas Code of Practice applies to this role.
Collective redundancy representatives
A collective redundancy representative is elected to take part in collective consultation for redundancy. This can be a large amount of complex work over a period of many months.
A collective redundancy representative has a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- access to facilities to carry out certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
The Acas Code of Practice applies to this role.
Information and consultation representatives
These representatives are involved with negotiations under the Information and Consultation of Employees Regulations 2004. This is known as ICE. This role can involve consulting on ICE agreements.
If a union representative is appointed to this role, they have a legal right to:
- paid time off for certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
These legal rights apply when an information and consultation representative needs time off for:
- negotiations around setting up an information and consultation body – these are often called workplace forums or works councils
- duties relating to being a member of an information and consultation body
Employee representatives in this role do not have the legal right to paid time off for training. However, it's good practice for an employer to consider allowing this.
Union representatives sometimes work alongside non-union employee representatives in workplace forums and works councils. Joint training can be helpful.
Pension representatives
Pension representatives are elected to consult over changes to pension arrangements.
If a union representative is appointed to this role, they have a legal right to:
- paid time off for certain duties
- protection from dismissal and detriment for carrying out trade union duties and activities
The law that covers this is the Occupational and Personal Pension Scheme (Consultation by Employers and Miscellaneous Amendment) Regulations 2006.
Workforce agreement representatives
A workforce agreement representative is involved with consulting on workforce agreements.
These agreements can cover maternity, paternity and fixed-term employment. They can also cover workforce agreements on working time.
If a union representative is appointed to this role, they have a legal right to protection from dismissal and detriment. This protection applies when carrying out trade union duties and activities.
Workforce agreement representatives do not have a legal right to time off, training or facilities. However, an employer should consider allowing this where needed.
Union representatives involved in European consultative bodies
This applies to union representatives who are members of European consultative bodies set up before the UK left the EU. For example, European Works Councils.
These representatives have a legal right to:
- paid time off for certain duties
- paid time off for relevant training
- protection from dismissal and detriment for carrying out trade union duties and activities
The legal rights do not apply to European bodies set up after the UK left the EU. However, employers should still consider allowing representatives paid time off for this work.
Environmental representatives
This specialist role focuses on environmental and climate issues. They're sometimes called 'green reps'. A trade union can agree with an employer to elect or appoint to this role.
An environmental representative does not have a legal right to time off, training or facilities.
However, an employer and trade union should agree together:
- how time off for duties will work for representatives in this role
- what training and facilities they'll have access to
Find out about each legal right
Find out more about the rights mentioned in each section:
Get more advice and support
For more help with understanding the rights of representatives, read the Acas Code of Practice on time off for trade union duties and activities.
If you're a representative, you can also:
- ask your trade union about the training, guidance and support that's available
- read the TUC's rep guidance
Acas and the CIPD have designed training for employers on how to work effectively with trade unions.