Employers with recognised trade unions face updated requirements concerning paid time off and workplace facilities for union representatives, following changes to employment legislation and the introduction of a revised statutory Code of Practice.
Acas has published guidance explaining the changes, which strengthen the rights of qualifying trade union representatives and establish new requirements covering equality representatives.
The revised Code came into force on 30 October 2026, replacing guidance that had applied since January 2010. Further advice published on 9 November sets out how employers and trade unions can incorporate the requirements into workplace arrangements.
The changes include a statutory right for appropriately appointed union equality representatives to take reasonable paid time off for specified duties and relevant training.
Employers must also provide reasonable facilities, where requested, for qualifying trade union representatives, union learning representatives, and equality representatives to carry out their duties.
The provisions sit alongside broader employment reforms, including changes to trade union access to workplaces and arrangements for collective representation.
Equality representatives gain statutory rights —
The revised rules recognise the work undertaken by union equality representatives in supporting employees and addressing matters such as discrimination, harassment, and equal opportunities.
Qualifying representatives can undertake specified activities including providing advice to union members, consulting employers on equality matters, obtaining relevant information, and arranging appropriate training.
To qualify, representatives must meet the applicable appointment and training or experience conditions. Employers and unions therefore need to establish which employees hold recognised representative roles and what responsibilities accompany those positions.
Reasonable paid time off applies to qualifying trade union duties. It should not be confused with time off for general union activities, which is normally unpaid unless the employer agrees otherwise.
What constitutes reasonable time off depends on the circumstances, including the work being undertaken, the representative’s duties, staffing requirements, and the needs of the organisation.
These considerations can be particularly important where representatives work shifts, manage substantial workloads, or are employed across several business locations.
Facilities form part of workplace arrangements —
The updated Code also addresses access to accommodation and other facilities that representatives reasonably require to carry out their responsibilities.
Depending on the workplace and the nature of the request, these may include meeting rooms, private spaces for confidential discussions, email services, internet access, and internal communications systems.
Acas recommends that employers and unions discuss the facilities and time required, establish clear arrangements, and record agreed procedures.
Existing recognition and facilities agreements may need to be reviewed where they do not adequately reflect the revised legal position.
Joanna Nunn, head of collective dispute resolution at Acas, has emphasised the importance of communication between employers and representatives, particularly when establishing what is reasonable within individual workplaces.
Line managers also need to understand the arrangements, as they may be responsible for responding to requests, managing workloads, and ensuring representatives can undertake their duties without unnecessary disruption.
The revised legislation strengthens the ability of representatives to challenge unreasonable refusals of time off or facilities through employment tribunals.
Where a complaint concerns an employer’s refusal to permit reasonable time off, the employer may have to demonstrate that the amount requested was unreasonable. Tribunals must also take relevant provisions of the statutory Code into account.
The changes provide a clearer legal basis for representative duties and facilities while leaving employers and unions to agree practical arrangements appropriate to their organisations.
For workplaces with established collective representation, reviewing those arrangements will help ensure that existing procedures reflect the rights now in force.
