New statutory right

Time off for trade union duties: the right from 30 October 2026

Updated 6 October 2026

If you are an accredited trade union representative, or are being trained as one, the Employment Rights (Amendment, Protection from Detriment and Right to Time Off for Trade Union Duties) Act 2026 gives you, with effect from 30 October 2026, a day-one right to reasonable time off during your working hours to carry out your union duties, and that time off must be paid. The right sits alongside the existing facility time arrangements in the public sector and now extends the floor to every workplace. Here is what the new right covers, what is and is not a union duty, who decides what is reasonable, what to do if your employer refuses, and how the new right dovetails with the union access right that the same Act introduces.

Who gets the new right to time off for trade union duties

The right belongs to you if all four of the following are true on the day you want to take the time off: you are an employee, not a worker or genuinely self engaged contractor; you are a member of an independent trade union that is recognised by your employer, or you have been appointed or elected to be a representative of such a union, even if your own workplace is not formally recognised; the union is one listed by the Certification Officer under section 3 of the Trade Union and Labour Relations (Consolidation) Act 1992; and the duties you want to perform fall within the statutory definition in new section 168A TULRCA, inserted by section 8 of the 2026 Act.

There is no length of service requirement, and the right applies from your first day. That is a meaningful change. The previous facility time rules were largely a creature of collective bargaining, the ACAS code, and bespoke facility time agreements in the public sector. A private sector employee in a non recognised workplace had, in practice, to rely on the employer agreeing. From 30 October 2026, if the union appoints you to act on behalf of members in collective bargaining, grievance or disciplinary proceedings, consultation over redundancies or TUPE, or health and safety matters, your employer has to consider reasonable time off with pay.

Two categories of people are also within scope even though they are not yet carrying out duties. First, you are entitled to reasonable paid time off to undergo training that the union reasonably considers necessary for you to perform those duties effectively, such as a TUC stage 1 representatives course or a union run course on collective redundancy consultation. Second, an employee who is a member of a recognised union and is acting as a health and safety representative under sections 22 to 27 of the Health and Safety at Work etc Act 1974 has the right to time off to carry out their functions, and to undergo the training the regulations require. That health and safety right has existed for many years and is being preserved, not replaced.

What about agency workers, limb b workers, and genuinely self employed contractors. They are outside the statutory right, because they are not employees. A union can still approach the employer on their behalf, and the union access right that also comes in on 30 October 2026 allows union officials to enter and speak to workers on site, but the right to paid time off for the worker themselves only attaches to employees.

What counts as a union duty under the new section 168A

The Act draws a careful line between duties, which the right covers, and activities, which the union has to negotiate separately. The new section 168A lists five categories of duty, and only those categories count for the statutory right.

First, negotiations with the employer about matters in respect of which the union has recognition, including pay, hours, holidays, pensions, redundancy terms, and grading structures. If your union is recognised for collective bargaining over pay, time spent in those bargaining meetings is a duty.

Second, the performance of functions on behalf of employees in grievance or disciplinary proceedings, where you have been appointed or elected as a representative. This covers accompanying a member to a grievance hearing under the employer's own policy, accompanying a member to a disciplinary or capability hearing, and conferring with the member before and after the hearing. The duty exists regardless of whether the proceedings are brought under a contractual policy, an Acas approved code procedure, or an Acas conciliation settlement.

Third, collective consultation under Part IV of TULRCA for redundancies of twenty or more employees, consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), and consultation about health and safety matters. Where the union has appointed you as the lead representative for one of these consultation exercises, your time spent preparing, taking part in the consultation meetings, and communicating the outcome to members is a duty.

Fourth, the performance of functions as a health and safety representative under the 1977 Safety Representatives and Safety Committees Regulations. This includes workplace inspections, investigations of notifiable accidents, and consultation with the employer under the Management of Health and Safety at Work Regulations 1999.

Fifth, any other duties that the union reasonably considers are necessary, and which the employer has been notified of and has not refused, such as attending a regional union council, taking part in a union delegate conference, or sitting on a union branch committee. This fifth limb is hedged: the duty must be one the union reasonably considers necessary for the discharge of its functions as a recognised union, and the employer retains the right to refuse the time off on reasonableness grounds.

What is not a duty. Attending a political rally, taking part in industrial action short of a strike, attending a public demonstration, and producing union newsletters in your own time are union activities, not duties. The employer has no obligation to pay you for those, although the union can agree facility time through a local agreement and many employers do.

What is reasonable paid time off and who decides

Reasonableness is the central question, and there is no fixed number of hours in the Act. The starting point is the ACAS Code of Practice on Time Off for Trade Union Duties and Activities, which the Act amends and which the Government republished in draft in July 2026. The Code sets out a number of factors that the employer must weigh.

How much paid time off is reasonable depends on the volume of union work in your workplace, the size of the membership you represent, the number of representatives available, the operational impact on the employer, and the complexity of the duties you perform. A full time health and safety representative in a manufacturing plant with 350 hourly paid members can reasonably expect more facility time than a part time branch secretary in a small office with 12 members.

Pay. The right is to paid time off at your normal rate of pay, or average hourly rate if your pay varies, for the time you spend on the duty, plus reasonable travel time if you are required to attend a meeting off site. Time spent on the duty outside your normal working hours, for example a Saturday bargaining meeting, is not required to be paid unless your contract says otherwise. Expenses, such as travel and subsistence, are not required to be paid by the employer, although many do so voluntarily and the union can negotiate reimbursement.

The employer's discretion is not unlimited. The employer must agree reasonable time off and may only refuse on the ground that the request is not reasonable in all the circumstances. The statutory test is the same one the EAT applied in the cases of Wincanton and London Ambulance Service, and the new Code codifies that approach. A blanket refusal of all facility time is not reasonable. A refusal without giving reasons is not reasonable. A refusal that does not weigh the ACAS factors is not reasonable. Where the employer refuses, it must explain in writing why the request is unreasonable, identify which part of the request is unreasonable, and suggest a reasonable alternative.

If the union and employer cannot agree, either side can ask Acas to conciliate. The new Code also creates a fast track procedure through the Central Arbitration Committee for disputes about whether the time off is reasonable, mirroring the CAC's existing role in union recognition disputes. A union that is aggrieved by a refusal can refer the matter to the CAC, and the CAC can issue a declaration that time off should be granted and on what terms. The CAC's decision is binding unless appealed on a point of law to the High Court.

How to ask for time off for a trade union duty

The Act does not prescribe a form, but the Code recommends a short written notice. Put the following in an email or letter to your line manager and copy in HR.

State that you are making a request under section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992, as inserted by section 8 of the Employment Rights (Amendment, Protection from Detriment and Right to Time Off for Trade Union Duties) Act 2026, and that the right takes effect on 30 October 2026.

Identify the union, the role you hold, and the appointment date. For example, accredited workplace representative of the Union of Something, branch secretary, regional health and safety representative, or learning representative.

Describe the specific duty. Avoid vague language like union business. Say accompanying a member at a grievance hearing on 12 November 2026, attending collective redundancy consultation on 17 November 2026, or carrying out a quarterly workplace safety inspection on 21 November 2026.

State the dates, start and end times, the location, and the expected duration. Estimate the time you will need for preparation and travel. If the duty will recur, propose a pattern, for example four hours per week plus attendance at monthly consultation meetings.

Confirm that the duty is one within section 168A and ask the employer to confirm agreement within five working days. Keep a copy, send it by email, and copy your union office so there is a paper trail.

If the employer refuses, ask for the refusal in writing with reasons. The Code says the employer should respond within ten working days. Take the refusal to your union; the union will decide whether to invoke the CAC procedure or to raise a collective grievance.

What to do if your employer refuses or punishes you for taking it

There are two distinct protections, and you should think about both.

First, refusal of the right itself. The union, not you as an individual, can bring a claim to the Central Arbitration Committee. The CAC can declare that time off should be granted and can make an order. Individual employees cannot bring a private tribunal claim for a refusal of facility time under section 168A. The route is collective, through your union.

Second, detriment and dismissal for using the right. Section 146 of TULRCA, as amended by section 4 of the 2026 Act, gives you a day-one right not to be subjected to a detriment, including being disciplined, denied training, denied promotion, or put on a less favourable shift, on the ground that you took, or sought to take, time off for trade union duties. Dismissal for that reason is automatically unfair from day one, with no cap on the compensatory award. A tribunal claim for detriment or automatic unfair dismissal under section 146 can be brought in the employment tribunal, with the usual three month time limit from the act complained of, extended in line with the Acas early conciliation rules.

If you are disciplined for taking facility time, raise a written grievance under your employer's grievance procedure, citing section 146, and appeal any outcome you do not accept. Speak to your union before raising the grievance if the union is not the one representing you. You can also start Acas early conciliation at any point, and the conciliation period pauses the time limit for bringing a tribunal claim. Keep a timeline, including emails, diary entries, witness names, and any pattern of less favourable treatment after you raised the request.

If you are dismissed, the dismissal is automatically unfair and you do not need two years' continuous service. You can bring a claim in the employment tribunal within three months less one day of the effective date of termination, and the compensatory award is uncapped. You can also ask for interim relief, a form of urgent re-instatement pending the tribunal hearing, by applying to the tribunal within seven days of dismissal.

How the right fits with union access from 30 October 2026

The 2026 Act introduces two distinct rights on the same day. The right to time off for union duties, covered here, applies to you as an employee representative. The right of access, covered separately on 9 to Life, allows an accredited union official to enter a workplace to meet workers for the purpose of recruiting members, holding meetings, and representing members, even in a non recognised workplace. The two rights are complementary, not alternatives.

You can, for example, be a workplace representative whose union is recognised and use the facility time right to attend consultation meetings, while the same union's regional official exercises the access right to come onto your employer's site to talk to non members about joining. The access right has its own notice and reasonableness rules, and the right is to access, not to compel the employer to pay for the official's time.

From your perspective as an employee, the practical message is that 30 October 2026 is the date on which the floor of rights in a unionised workplace becomes statutory. The starting point is the day one right to time off with pay for duties, training, and health and safety functions, backed by a right not to be punished for using it.

What to do in the meantime

Before 30 October 2026, your existing contractual rights and any local facility time agreement continue to apply. If you do not have a written agreement, write to your employer now to ask for one. Use the ACAS Code as your starting point and ask for facility time to be confirmed in writing.

If you are already a representative, log the time you spend on duties and the time the employer has agreed. The data will help if the employer tries to argue the new request is unreasonable.

If you are not yet a representative but are considering becoming one, talk to your union about training. The new Act protects paid time off for training that is reasonably necessary, so get the course booked and request the time off in advance with a clear syllabus.

If you have been refused facility time, or have been disciplined for taking it, gather your evidence, contact your union, and be ready to invoke the Code and the new CAC procedure from 30 October 2026. From that date, refusal of reasonable time off is no longer a private matter between you and your employer. It is a question the Central Arbitration Committee can decide.