Joanna Nunn, Head of Collective Dispute Resolution
Joanna joined Acas in 2006. As an accomplished conciliator, facilitator and mediator she has extensive experience in dispute resolution. She works with and supports organisations and trade unions through their dispute resolution processes, as well as assisting parties to improve their industrial relations before and after disputes.
Earlier this year, I wrote about the importance of employers having a clear industrial relations strategy. Seven months on, that message remains as relevant as ever.
Acas has updated its Code of Practice on time off for trade union duties and activities. While the changes reflect developments in employment legislation, they also reinforce a wider point: positive relationships between employers and trade union representatives remain an important foundation for productive workplaces.
Since 30 October, the updated Acas Code has reflected new rules on reasonable time off for trade union representatives, learning representatives and equality representatives. These changes sit alongside wider reforms, including:
- new provisions on trade union access to workplaces
- updates to trade union recognition arrangements
- protections against less favourable treatment for taking part in industrial action
For employers, understanding these changes is about more than legal compliance. Having clear arrangements for representative time off and facilities can:
- support constructive engagement
- help resolve issues early
- reduce the risk of workplace conflict
What are the key changes?
The updated Acas Code reflects several important changes:
- union equality representatives now have a legal right to reasonable paid time off to carry out certain duties – to qualify, they must be appropriately elected or appointed, and have relevant training or experience
- employers must provide reasonable facilities for trade union representatives, equality representatives and learning representatives where requested – this could include access to email, digital platforms, the organisation's intranet and internet, as well as private meeting spaces
- where disputes about time off reach an employment tribunal, employers will need to demonstrate that a decision to refuse time off was reasonable
These changes apply where a union is recognised in the workplace. More than 1 in 4 employees have a trade union representative at work, and the updated Acas Code, guidance and training will help employers, representatives and unions apply the law in practice.
Effective implementation can also support stronger workplace relationships by building trust, encouraging early resolution of issues and fostering a culture of mutual respect.
Building confidence and preparing for change
A recent Acas survey found that while most employers and workers are confident about their organisations adapting to this new legal change, nearly 1 in 5 employers (19%) and employees (18%) are not.
That highlights the importance of understanding both the legal requirements and the practical steps needed to implement them successfully.
I encourage employers and trade unions to read the updated Acas Code and accompanying guidance to familiarise themselves with the new provisions on time off and facilities.
They should also review existing recognition and facilities agreements to ensure they reflect current legal requirements and align with the good practice principles set out in the Acas Code.
Employers, unions and representatives should discuss what is reasonable in their particular workplace and seek agreement wherever possible on the time, facilities and resources required.
Practical steps for employers
To help prepare for these changes, employers should consider:
- maintaining strong communication with trade union representatives and ensuring managers know who to contact on specific issues
- agreeing and documenting clear processes with unions for requests for time off and facilities, using the Acas Code and guidance as a framework
- supporting managers to work constructively with union representatives and making use of Acas training and guidance
- working collaboratively with representatives and other employee groups, such as staff networks, on equality-related matters to ensure activity is aligned and workforce needs are well understood
- supporting representative training and providing appropriate information during collective bargaining
- where trade union recognition may arise in future, preparing early can help to establish positive and effective working relationships from the outset
Addressing these changes proactively can put organisations in a strong position to manage workplace issues constructively and build effective employment relations.
Research suggests there is already a strong foundation to build on. Sixty per cent of managers in unionised workplaces report having a positive relationship with trade union representatives.
The updated Acas Code provides an opportunity for employers and unions to strengthen those relationships further. By working together to implement these changes effectively, organisations can create more collaborative, productive and resilient workplaces.
Acas is here to support employers, trade unions and representatives through our range of advice, guidance and training.
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