Union equality reps gain time-off rights from 30 October 2026

Employers that recognise a trade union face a firm implementation date for the next wave of Employment Rights Act 2025 changes on representation rights: the new rules take effect on 30 October 2026, and Acas has published preview guidance showing what will apply from that day. The current Acas booklets on trade union and non-union representation stay in place until then, and Acas will replace them on the implementation date, including new advice on non-union employee representatives.

The headline change creates statutory rights for union equality representativesAcas. From 30 October 2026, an equality representative elected or appointed under union rules has the right to paid time off for defined equality duties and for relevant training, alongside access to facilitiesAcas. An equality representative also has protection from dismissal and detriment for carrying out trade union duties and activities. The duties cover promoting equality at work, arranging equality learning or training, advising and supporting members on equality matters, gathering and analysing equality information, consulting the employer on equality issues, and preparing for those activities.

Time-off rights for equality representatives carry a training conditionAcas: the union must have told the employer in writing that the representative is trained, will be trained within 6 months of appointment, or has enough previous expertise and experience for the role. The 6-month period can be extended for reasons such as sickness, pregnancy, bereavement or unavoidable delay. A union must also notify the employer in writing of the appointment and of training completed.

Facilities rights widen at the same time. Until now the right to facilities applied automatically only to TUPE and collective redundancy representativesAcas. From 30 October 2026, union representatives, union learning representatives and union equality representatives also gain the right where they request facilities: an employer that grants time off must then provide such accommodation and other facilities as are reasonable, having regard to the Acas Code of PracticeLegislation. Practical examples include meeting rooms, communication tools, noticeboards, computers for online training, and private space for confidential discussions.

The preview guidance also restates the standing framework that continues to apply. Paid time off for duties and training must be reasonable in all the circumstances; the law sets no fixed number of hoursAcas. Pay for reasonable time off means the representative's usual pay, or average hourly earnings where pay varies with work done, including shift premiums, performance-related pay, bonuses and commissionAcas. Representatives should give as much notice as possible with the purpose, location, timing and length of the absence, and employers should assess each request case by case, weighing time off already taken, planned and likely.

On disputes, the guidance reflects a further 30 October 2026 changeAcas: where a representative complains to an employment tribunal that time off was unreasonably refused, it is for the employer to show that the amount of time off the representative proposed to take was not a reasonable amountLegislation. Records of time taken, purposes, facilities requests and refusals with reasons matter. Dismissal for carrying out trade union duties counts as automatically unfair dismissal, and detriment covers treatment such as bullying, harassment, unjustified refusal of training, being overlooked for promotion or development, or unjustified reduction of hours.

Employers that already have a time-off agreement should make sure it will meet the new legal requirements, and organisations with both union and non-union representatives may need two separate agreements covering time off, training, facilities, work cover, payment, responsibilities and record-keeping.

Legal basis: Employment Rights Act 2025, sections 64 to 65, amending sections 168 to 168B of the Trade Union and Labour Relations (Consolidation) Act 1992.