Jessica O'ConnorAcas has launched a public consultation on proposed updates to its Code of Practice on time off for trade union duties and activities, reflecting recent changes to UK employment law.
The consultation follows the introduction of the Employment Rights Act 2025, which received Royal Assent on 18th December 2025.
The Act introduces new statutory rights for trade union equality representatives, aligning their entitlement to time off with existing rights held by union learning representatives. It also places a new requirement on employers to provide “accommodation and other facilities” for union representatives when this is requested and considered reasonable.
The Code of Practice, last updated in 2010, provides guidance on good practice and is taken into account by employment tribunals in relevant cases.
Acas said the revised draft is intended to clarify how the new legal rights should operate in practice and to support effective working relationships between employers and trade unions.
Niall Mackenzie, Acas chief executive, said: “Effective relationships between trade union representatives and employers can help build trust, prevent disputes and contribute to healthy productive organisations.
“Our new draft Code of Practice has been updated to reflect new legal rights in the Employment Rights Act 2025 that cover time off for carrying out trade union duties.
“The Code provides good practice advice to help understand these new rights and we are keen to get views to ensure it is clear, practical and promotes good employment relations between employers and trade unions.”
Under existing rules, trade union representatives are entitled to paid time off for union duties and relevant training where this is reasonable.
Equality representatives, however, have not previously had a statutory right to time off or training.
The new Act introduces this right and also expands employers’ obligations to provide facilities beyond limited existing circumstances, such as collective redundancies.
Acas has invited employers, workers and trade union representatives to submit their views as part of the consultation to help ensure the updated Code is clear, practical and fit for purpose under the new legislative framework.
Employment Rights Minister Kate Dearden said: “Strong workplace relationships help to raise living standards and productivity as well as being vital to lasting business success.
“I encourage all employers, workers, and trade union representatives to take the opportunity to shape this guidance.
“An updated Code of Practice will provide clarity to make these new rights work in practice and support productive workplaces across the country.”
The draft Code also aims to help employers and unions agree clear working arrangements covering the practical operation of reasonable time off for union activities and the provision of facilities.
TUC General Secretary Paul Nowak said: “These new rights are a welcome step forward to modernising industrial relations in the UK.
“Equality reps, with paid facility time, will play a vital role in tackling workplace discrimination and making workplaces more inclusive and productive.
“Facility time saves employers money by helping to nip issues in the bud before they spiral into costly disputes.
“And it improves communication, supports wider staff wellbeing and helps resolve problems early and constructively. That’s good for workers, employers and the wider economy.”
