On Oct. 21, 2026, UK GVT Department for Business, Innovation, Science and Trade published the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026 (StIn 2026/1104), made on Oct. 19, 2026.
Order appointed Oct. 30, 2026, as day on which the revised Code of Practice on Time Off for Trade Union Duties and Activities comes into effect, including guidance on time off for trade union representatives, trade union learning and equality representatives.
UK ACAS launched a consultation on updates to its Code of Practice on time off for trade union duties and activities following UK GVT introducing new Employment Rights Bill in Oct. 2024 as part of its Make Work Pay plan to reform UK employment law.
That Bill then became the Employment Rights Act, which was passed on Dec. 18, 2025.
Follows UK GVT Oct. 2024 unveiled various employment rights reforms, see #229381.
Consultation Basis
Employment Rights Act 2025 introduced statutory rights to time off for union equality representatives, mirroring existing rights for union learning representatives, requiring employers to provide 'accommodation and other facilities' to union representatives.
There was no statutory requirement on employers to give trade union representatives with facilities to carry out duties except for circumstances like collective redundancy.
The Act also introduces a new right requiring employers to provide accommodation and other facilities to union representatives for time off duties if requested and reasonable.
The Code of Practice on time off for trade union duties/activity was last updated 2010.
The updated Code seeks to provide a clear explanation of law and practical guidance on time off for union equality representatives to carry out relevant duties and training.
To provide a clear explanation of law and practical guidance on new requirement for employers requested to provide accommodation and other facilities to enable union representatives, learning representatives or equality representatives to undertake duty.
The purpose of the new draft Code is to set out guidance on good practice that will aid and improve the effectiveness of relationships between employers and trade unions.
The new guidance will be taken in account by employment tribunals in relevant cases.
UK ACAS Comment
UK ACAS Chief Executive, Niall Mackenzie, commented effective relationships between trade union representatives and employers can help build trust, and prevent disputes.
The 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 new rights and UK ACAS is keen to get views to ensure it is clear, practical and promotes employment relations.
Effectiveness
The consultation on the updated draft Code of Practice will now close on Mar. 17, 2026.
Jul. 2026, Draft Code of Conduct Laid Before UKP
On Jul. 7, 2026, UK GVT Department for Business and Trade (DBT) published the Draft ACAS Code of Practice on time off for trade union duties and activities that was laid before UKP in Jul. 2026, with the intention that it comes into force in Oct. 2026.
Published with explanatory memorandum, setting out purpose of the code, wider context and the potential impact of the legislation, along with changes made to the draft code following consultation feedback.
Changes since consultation include: separating out categories of guidance on time off for union equality representatives and union learning representatives; expanding examples of time off for union equality representatives to increase reference to proactive duties and operational activities.
Guidance on training separated into two sections, training as a condition of qualifying for time off and guidance on time off for training in role, to make it clearer.
Further detail added on provision of accommodation and other facilities, and other editorial changes to improve drafting by making wording, structure, language clearer.
In Aug. 2026, UK ACAS said 1 in 5 employers not confident on rules, see #308874.
Oct. 2026, Revised Code of Practice Finalised
On Oct. 21, 2026, UK GVT Department for Business, Innovation, Science and Trade published the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026 (StIn 2026/1104), made on Oct. 19, 2026.
Order appointed Oct. 30, 2026, as day on which the revised Code of Practice on Time Off for Trade Union Duties and Activities comes into effect, including guidance on time off for trade union representatives, trade union learning and equality representatives.
