Acas consults on updated Code for trade union time off and facilities

Background

On 20 January 2026, Acas published a consultation on an updated Code of Practice on time off for trade union duties and activities. The draft Code is intended to align with new statutory rights being introduced by the Employment Rights Act 2025. These changes are expected to take effect from October 2026. 

What is changing

The updated Code retains Acas’s existing explanation of the law and practical guidance, while addressing new rights in three key areas, including expanded rights to time off and facilities for trade union officials, learning representatives and union equality representatives.

It sets out how reasonable time off should operate for union equality representatives, including the scope of their duties and relevant training. It also reflects the new requirement for employers, on request, to provide reasonable accommodation and facilities to support trade union representatives in carrying out their roles. The draft Code aims to help employers and unions understand the practicalities of the new rights and how they will work in practice. The draft Code includes practical examples, while recognising that what is reasonable will depend on factors such as an employer’s size, resources and organisational structure. Acas is also consulting on whether the Code is sufficiently clear, detailed and accessible, particularly for smaller organisations.

Those who wish to take part in the consultation can follow the link above. The consultation closes at 5.00 pm on 17 March 2026.

For more information or advice, please contact Rory Jutton in our Employment team.