The Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026

Published: Wed 21st Oct 26

Activated a revised ACAS Code of Practice governing trade union time off entitlements effective from 30 October 2026.

This Order appoints 30 October 2026 as the commencement date for the revised ACAS Code of Practice on Time Off for Trade Union Duties and Activities.

It applies to employers and employees in England, Wales, and Scotland, providing updated guidance on the statutory rights of trade union representatives, learning representatives, and equality representatives to take time off for their respective roles.

The Order ensures that the previous 2010 Code continues to govern employment tribunal claims relating to employer failures that occurred prior to the new commencement date.

Arguments For

The Order states that the Advisory, Conciliation and Arbitration Service (ACAS) initiated the revision to update the existing code which has been in effect since 1 January 2010.
Proponents within the Department for Business, Innovation, Science and Trade indicate the code reflects statutory changes introduced by the Employment Rights Act 2025.
The document asserts that the revised code provides necessary guidance for trade union representatives, learning representatives, and equality representatives regarding their legal entitlements to time off.
The government specifies that no significant impact on the private, voluntary, or public sectors is foreseen beyond the impacts already assessed during the passage of the Employment Rights Act 2025.

Arguments Against

Legal practitioners may note that the Code's legal effect is subject to transitional provisions, meaning the 2010 version remains relevant for failures occurring before 30 October 2026, potentially complicating ongoing tribunal claims.
While the Order brings the Code into effect, the document does not contain the substantive guidance itself, requiring users to consult external ACAS resources to understand their specific obligations.
Critics of the underlying 2025 Act may argue that any code implementing its measures inherits the implementation difficulties associated with new trade union access and representation rights.

Citation, extent and interpretation

-(1) This Order may be cited as the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026.

(2) This Order extends to England and Wales and Scotland.

(3) In this Order, 'the Code of Practice on Time Off for Trade Union Duties and Activities' means the revised Code of Practice on Time Off for Trade Union Duties and Activities which was laid in draft before each House of Parliament on 6th July 2026.

This section establishes the official name of the Order and its geographic reach across Great Britain.

It identifies the specific version of the ACAS Code being brought into legal effect by referencing the draft presented to Parliament in July 2026.

Appointed day for the Code of Practice

The day appointed by the Secretary of State under section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the coming into effect of the Code of Practice on Time Off for Trade Union Duties and Activities issued by the Advisory, Conciliation and Arbitration Service pursuant to that section is 30th October 2026.

This provision sets 30 October 2026 as the date when the revised Code of Practice becomes legally operational.

It utilizes powers granted to the Secretary of State under existing trade union legislation to finalize the implementation of the ACAS guidance.

Transitional and saving provision

The Code of Practice on Time Off for Trade Union Duties and Activities does not apply to the extent it is relevant to any employment tribunal claim brought under section 168(4)(a) or section 168A(9)(a) of the 1992 Act (time off for carrying out trade union duties or for union learning representatives) in respect of an employer's failure to permit an employee to take time off, where the date of the failure occurs before 30th October 2026.

This section clarifies that the new Code does not apply retroactively to disputes regarding time off that happened before the commencement date.

Employment tribunals must continue to use the previous version of the Code when adjudicating claims where the alleged failure by the employer occurred prior to 30 October 2026.

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