A new survey from workplace expert, Acas, has found that nearly 1 in 5 (19%) employers are not confident about implementing a new trade union right that will apply to equality representatives next week.

From 30 October 2026, the law will change to give trade union equality representatives a new right for time off to carry out certain equality-related duties. Acas has updated its Code of Practice on time off for trade union duties and activities to reflect the new change.

The YouGov survey asked employers and workers how confident they are that their organisation would make the new legal change to its policies and practices.

Nearly two-thirds (64%) of employers and 2 in 5 (41%) workers said they were confident their organisation will adapt to the change in law. The survey also found that 19% of bosses and 18% of workers were not confident.

Baroness Maggie Jones, Acas Chair, said: “Most employers and workers are confident about their organisations adapting to this new legal change. That’s good news as effective relationships between trade union representatives and employers can help build trust, prevent disputes and contribute to healthy, productive organisations.

“Acas’s survey reveals that nearly 1 in 5 are not confident. Our new Code, advice and training can help everyone impacted to prepare ahead of time, encourage effective partnerships and improve workplace relations.”

Trade union representatives are currently entitled to paid time off for union duties and relevant training provided it is reasonable. Equality representatives do not currently have a statutory right to time off or training.

The Employment Rights Act 2025 introduces a new statutory right to time off for union equality representatives. The new rules apply where a union is recognised in the workplace and the representative is properly appointed or elected by their union and has sufficient relevant training or experience.

Minister for the Future Work, Kate Dearden, said: "These changes are an important part of our plan to support better jobs, raise living standards and help people stay in work. It’s encouraging that two thirds of businesses already feel prepared, and we want to give every employer the confidence to implement the changes successfully.

"We will continue to work with businesses and provide clear, practical guidance so they know what’s changing, when it’s happening and what they need to do to."

There is currently no statutory requirement for employers to provide trade union representatives with facilities to carry out their duties except for certain circumstances such as collective redundancies.

The Act introduces a new right that requires employers to provide ‘accommodation and other facilities’ to union representatives for their time off duties, such as computer access or a private meeting room, if it is requested and is reasonable. These changes will take effect on 30 October 2026.

Earlier this year, Acas consulted on a revised Code of Practice on time off for trade union duties and activities. The new draft Code sets out guidance on good practice that will aid and improve the effectiveness of relationships between employers and trade unions and reflects these new changes.

Other legal changes that will take effect at the same time include:
workers taking part in industrial action will be protected against being treated less favourably by their employer
a right for trade unions to access workplaces to speak to workers
an updated government Code of Practice on trade union recognition

TUC Director of Policy, Nicola Smith, said: "It's great that so many employers and workers are confident about adapting to and benefitting from these new rights.

"Equality reps, with paid facility time, will play a vital role in tackling workplace discrimination and making workplaces more inclusive and productive.

“Facility time saves employers money by helping to nip issues in the bud before they spiral into costly disputes. And it improves communication, supports wider staff wellbeing and helps resolve problems early and constructively.

“Along with new union access rights to workplaces - which will help workers learn about the benefits of collective bargaining and union recognition instead of being left in the dark - these new rights coming into force next week are an important step forward to modernising our economy."

Acas is continually updating its advice to reflect all the new upcoming changes in the Employment Rights Act as they take effect. Please see:

https://www.acas.org.uk/employment-rights-act-2025

The new Draft Code of Practice on time off for trade union duties and activities, can be seen here: www.acas.org.uk/trade-union-duties-code