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:
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.