Equality action plans meet the new union equality representative role: what Universities need to know

Understanding the new framework

The Employment Rights Act 2025 (Act) introduces two significant equality reforms that are designed to interact. The first is the introduction of equality action plans for "large employers". The second is the creation of statutory union equality representatives.

Individually, each reform is significant. Together, they create a new framework for developing, scrutinising and improving workplace equality. Universities that understand how these two regimes interact will be better placed to manage both the legal requirements and the wider employee and trade union relationships that accompany them.

Universities who approach both regimes thoughtfully have an opportunity to make them work. However, doing so will require strategic decisions about engagement, information sharing and boundaries.

Equality action plans

The vast majority of public universities in the UK will fit into the definition of "large employer", i.e. those with 250 or more employees. During the 2026/27 reporting year, publication of equality action plans will be on a voluntary basis, but mandatory publication is expected from spring 2027. The plans will accompany the University's gender pay gap report and must include at least one action to reduce the gender pay gap and at least one action to support employees experiencing menopause.

The government has published detailed guidance to support employers in preparing their plans. Employers are encouraged to understand the causes of their gender pay gap, choose evidence-informed actions, track progress and review plans annually. While only two actions are required, employers are encouraged to go further where appropriate. The plans will be published on the government's gender pay gap service, making both the commitments and progress publicly available. Whilst the HE sector tends to perform better than most in respect of both publication of pay gap data and outcomes, work will be required both to continue progress and get to grips with these new obligations.

Union equality representatives

The Act also places union equality representatives on a statutory footing for the first time. Where the statutory conditions are met, recognised trade unions will be able to appoint equality representatives with statutory rights to reasonable paid time off during working hours. Employers must also provide such accommodation and other facilities as are reasonable to enable representatives to carry out their functions where requested.

The statutory right to paid time off applies for five specified purposes:

Promoting the value of equality at work;
Arranging learning or training relating to equality at work;
Providing information, advice or support relating to equality at work;
Consulting with the employer on matters relating to equality at work; and
Obtaining and analysing information relating to equality at work.

The draft Acas Code of Practice (expected to come into force on 30 October 2026) illustrates the breadth of these functions. It envisages union equality representatives using workforce data to monitor equality, analysing equal pay surveys and reviewing equality-related reports, strategies and information in order to contribute to employers' equality action plans and equality impact assessments.

Where action plans and union equality representatives collide

The interaction between these two reforms becomes clear from the draft ACAS Code. When giving examples of the statutory right for union equality representatives to "obtain and analyse information relating to equality at work", the Code specifically refers to:

Using workforce data to monitor under-representation, recruitment practices and training development plans;
Analysing information about the employer's equality performance through audits and equal pay surveys; and
Reviewing equality-related reports, strategies and information to contribute to equality action plans and equality impact assessments.

There is, however, a gap in the framework. Union equality representatives have a statutory right to paid time off to obtain and analyse equality information. However, employers have no corresponding duty to disclose specific data on request. The right is to analyse, not to compel disclosure.

Can union equality representatives conduct their own investigations?

A related question is whether union equality representatives can gather information directly (conducting their own workplace surveys, for example) rather than simply reviewing employer-provided data. The statutory wording (“obtaining and analysing information”) is broad enough to encompass this. However, constraints apply: any such activity would need to fall within “reasonable” paid time off and would require “reasonable” facilities from the employer.

The practical scope of these rights is not yet settled. The draft ACAS Code currently provides only three illustrative examples of the information representatives may obtain and analyse. Further guidance may be issued as the new regime develops. Until then, much will depend on employer practice, union expectations and, ultimately, how employment tribunals interpret the legislation and the Code.

Strategic decisions for employers

Universities will need to make considered decisions about how they approach the union equality representative role. There is no "one size fits all" answer but in a sector with longstanding arrangements for collective consultation and bargaining, can we expect the HE trade unions to take a keen interest in the pursuit of these new rights? Issues to consider include:

Which meetings, if any, should the union equality representative attend? There may be discussions where their input adds value. There may be others, particularly those involving sensitive legal advice or commercially confidential matters, where their presence would not be appropriate.
What information should be shared, in what format and at what level of detail? The legislation does not require employers to disclose specific information so planning ahead and judgement calls will be required.
How should universities handle anonymity of data? Sharing detailed equality data may risk identifying specific individuals, particularly in smaller teams. The union equality representative is also an employee, which creates a dual role to consider.
How should privileged material be protected? Equality action plans themselves cannot be privileged because they are publicly disclosed. However, internal equality audits and legal risk assessments may be able to be structured to preserve privilege where appropriate.
What about equal pay? This is where these issues are likely to be most acute. The draft ACAS Code expressly identifies “equal pay surveys” as information that representatives may analyse.

None of this means universities should be defensive or obstructive. Constructive engagement with union equality representatives can add genuine value. However, the relationship needs to be managed thoughtfully, with clear boundaries and a considered approach to information sharing. Universities who get the balance right will be better placed to make the most of both regimes.

What comes next

The current framework focuses on gender pay gaps and menopause support, but this is only the beginning.

The Equality (Race and Disability) Bill will extend mandatory pay gap reporting to ethnicity and disability. The government published its consultation response in March 2026, confirming that large employers will be required to publish six key pay gap metrics plus workforce composition data.

A separate consultation on reforming equal pay and pay discrimination laws closes on 27 October 2026. It proposes a new Equal Pay Regulatory and Enforcement Unit with powers to investigate employers and order equal pay audits. Notably, the consultation envisages a meaningful role for trade unions in this new body.

Each expansion may widen the scope of both action plans and the data that union equality representatives can legitimately scrutinise. The patterns established now will set precedents for how any broader framework operates in time.

Preparing for scrutiny

The Act has created an accountability framework that is more far-reaching than it first appears. Equality action plans, taken in isolation, look like a relatively soft reporting requirement with no financial penalties, but viewed alongside the new union equality representative regime, the picture changes.

The real force of the equality action plan framework may not lie in the reporting obligation itself, but in the fact that an employee will be paid to spend time scrutinising equality data, with statutory backing and an explicit mandate to input into those very action plans. The accountability mechanism is human, not regulatory.

This creates both risk and opportunity. Employers who understand how these two regimes interact, and who prepare accordingly, will be better placed to manage both.