On 30 October 2026, Acas published its updated ‘Code of Practice on time off for trade union duties and activities’ (“the Code”), previously issued on 1 January 2010, to reflect the changes under sections 64 and 65 of the Employment Rights Act 2025 (“ERA 2025”) relating to facilities and reasonable time off for trade union officials, union learning representatives and union equality representatives.
The Code sets out practical guidance for employers, trade unions and trade union representatives. It covers:
- time off for trade union duties and activities.
- time off for training.
- the provision of accommodation and other facilities.
Our Schools HR team consider the key changes and what this means for schools.
The key changes to the Code
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New/Enhanced Categories of Trade Union Representative Roles
Union equality representatives (UERs)
The concept of a union equality representative is not a new one, as unions have often appointed voluntary equality representatives to promote workplace equality and challenge unlawful discrimination including equal pay issues. However, section 65 ERA 2025 has given the role statutory recognition and enhanced rights and protections.
Union learning representatives (ULRs)
The role of a ULR is also not a new concept. However, ERA 2025 provides ULRs with enhanced protections, rights and resources.
What this means in practice
The key aspects of each role are summarised below:
Union Equality Representatives | Union Learning Representatives | |
Purpose of role | Promote equality in the workplace, support members on equality matters, consult with employers on equality issues, analyse equality information and arrange equality-related learning and training. | Promote and facilitate learning and training opportunities for employees, identify learning needs, provide advice on training and work with employers on workforce development. |
Who qualifies? | Must be a member of an independent trade union recognised by the employer, be appointed/elected as an equality representative (and notification of this must be provided to the employer in writing) and have completed approved training or be due to do so within six months of the employer being notified of the appointment. | Must be a member of a recognised independent trade union, appointed as a union learning representative (and notification of this must be provided to the employer in writing) and have completed approved training or be due to do so within six months of the employer being notified of the appointment. |
Right to paid time off | Entitled to reasonable paid time off during working hours to carry out their union duties including to perform statutory equality representative functions and undergo relevant training. | Entitled to reasonable paid time off to carry out learning representative duties and undertake relevant training. |
Facilities and accommodation | Employer must provide reasonable accommodation and other facilities where reasonably requested for carrying out the role. | Equivalent entitlement to reasonable facilities and accommodation to enable performance of learning representative duties. |
Protection from detriment | Protected from detriment for exercising statutory rights as an equality representative. Complaints may be brought to an Employment Tribunal. | Protected from detriment for carrying out learning representative functions and exercising statutory rights. |
Protection from dismissal | Dismissal for exercising rights as an equality representative is automatically unfair (no qualifying service requirement). | Existing protections against dismissal connected with trade union learning representative activities continue to apply. |
Enforcement | Employment Tribunal claims may be brought for refusal of reasonable time off or facilities. | Employment Tribunal enforcement where statutory rights are breached. |
The Code has been updated to reflect the ERA 2025 changes and expressly refers to the rights of UERs and ULRs, including their entitlement to reasonable paid time off and training.
The Code also acknowledges that representatives may hold multiple union roles simultaneously. An employee who is a UER can take reasonable time off for the purposes of that role. If they also meet the criteria of a union representative, they will be eligible to take reasonable time off for the duties of that role too.
A UER or ULR must have been elected or appointed to the role in accordance with the rules of the independent trade union and must have completed the relevant training.
UERs must be allowed reasonable time off during working hours for certain equality-related purposes. This would include time off to carry out activities promoting the value of equality at work. ULRs must be given reasonable time off during working hours for certain learning-related purposes. This would include time off to analyse learning or training needs at work, to arrange learning or training, to promote learning and training and to undergo relevant training.
As to whether the time off is paid or unpaid, this will depend on whether the representative is carrying out union duties (which mandates reasonable paid time off) or activities (which mandates reasonable time off, but with no legal requirement to be paid for the time off). The Code provides further guidance on what constitutes trade union duties.
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Guidance on what constitutes trade union duties
The Code provides detailed examples of activities covered by paid time off. These include collective bargaining, disciplinary and grievance representation, redundancy consultation, TUPE consultation and negotiations and communication with members and the union.
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Reasonable time off
The updated Code has a focus on what amounts to ‘reasonable’ time off for union representatives. There is no definitive answer and what is reasonable will vary between schools and in relation to the reason for time off. Things that will be relevant are the size and resources of the employer, the nature of the representative’s role and the purpose and timing of the request.
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Further detailed guidance on facilities and resources
The Code provides updated guidance on facilities and resources to be provided to union representatives. This includes workplace accommodation, IT and communication facilities and access to equipment.
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Advice regarding formal agreements
Acas encourages employers and recognised unions to have clear written agreements to cover time off arrangements, facilities, request and approval processes and review mechanisms.
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Enhanced emphasis on effective industrial relations
The updated Code highlights the benefits of constructive engagement between employers, trade unions and representatives, including early dispute resolution, improved workplace relations and better communication and trust.
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New trade union access rights
The updated Code takes into account the new statutory right for trade unions to access workplaces, introduced on 30 October 2026, although the Code does not expressly provide guidance on these new access rights.
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Updated terminology
The Code replaces some older statutory terminology with more commonly used language. For example, the Code now refers to ‘union representatives’ instead of ‘trade union officials’. There are also updated references regarding digital communications and technology.
Practical considerations for Schools and Multi Academy Trusts (“MATs”)
For Schools and MATs, we expect the main practical effects to be:
- increased recognition of UERs and ULRs which become statutory roles / entitled to enhanced protections and rights ;
- ensuring an understanding of what may constitute “reasonable” paid time off for union duties and training;
- a greater expectation that requests for facility time will be considered transparently and consistently;
- the need to review existing facility time agreements and recognition agreements; and
- that an employee holding a number of union representative roles will likely be entitled to reasonable paid time off for each role.
Next Steps
Schools and MATs should not assume that they are not required to take any steps simply because they already operate in a unionised sector and recognise a number of trade unions. That is not the case. In particular, Schools and MATs should take proactive steps to prepare for these changes, including but not limited to the following:
- Check that any existing facilities time and trade union recognition agreements are up to date, fit for purpose and are being adhered to;
- If you do not have a trade union recognition agreement in place, consider implementing one to provide a framework for managing the union relationship, requests for reasonable time off, as well as alternative dispute resolution;
- Ensure that the distinction between UERs, ULRs and other union representatives is understood and that there is an awareness of who, if anyone, has been elected to these roles in the appropriate manner. This will help ensure that they are given the appropriate time off where required;
- Review your understanding of what constitutes trade union duties and the circumstances in which reasonable time off should be paid;
- Think about any steps that can be taken to facilitate good relations between the school/MAT and any recognised unions, and that you have up to date contact information for all representatives in your workplace; and
- Avoid refusing time off requests or taking any steps regarding a trade union representative that could be perceived as detrimental without first taking expert legal advice.
This briefing is not intended to be a definitive statement of the law and is correct at the time of publication. It should not be taken as a substitute for professional legal advice. It does not represent the views of Winckworth Sherwood or any of the authors.
If your school or MAT require advice and assistance with industrial relations or any other school HR or employment law related matter, please contact Winckworth Sherwood’s dedicated Schools HR helpdesk on schoolshr@wslaw.co.uk or 0345 026 8690.