A critical piece of workplace legislation governing union rights is being overhauled for the first time in two decades, with Acas launching a public consultation that could reshape how employers and trade unions negotiate time off and facilities across Britain's workplaces.
The Advisory, Conciliation and Arbitration Service is seeking views on proposed changes to its Code of Practice on time off for trade union duties and activities—guidance that has remained largely unchanged since 2003. In practical terms, this affects millions of workers whose union representatives need paid time off to carry out their duties, from negotiating pay deals to representing members in disciplinary hearings.
The current framework covers so-called "facility time"—the arrangements that allow union representatives paid leave to fulfil their roles—as well as the provision of office space, equipment, and communication access. However, two decades of workplace evolution, from flexible working to digital communications, have left significant gaps in the guidance that the review seeks to address.
Central to the consultation are clearer definitions of what constitutes legitimate "trade union duties" versus broader "trade union activities"—distinctions that directly determine whether representatives can claim paid time off. The proposed changes also aim to establish more precise benchmarks for what employers can reasonably be expected to provide, and clearer pathways for resolving disputes when agreements break down.
The consultation runs until 28th June 2024, with Acas inviting responses from employers, trade unions, legal professionals, and individual employees. Whilst the Code itself carries no legal force, it holds considerable weight in employment tribunals, where judges routinely reference its guidance when adjudicating disputes between management and unions.
The review arrives amid heightened focus on industrial relations, with union membership and workplace disputes featuring prominently in political discourse. By modernising this foundational guidance, Acas aims to reduce friction between employers and union representatives whilst ensuring both sides understand their rights and obligations—potentially preventing costly disputes before they reach tribunal.