New Acas research suggests that some employers are uncertain about implementing changes to trade union rights coming into force on 30 October 2026. The changes will introduce statutory time-off rights for union equality representatives, with implications for workplace inclusion and employee relations.
A new survey commissioned by Acas has found that 19% of employers are not confident about implementing new legal rights for trade union equality representatives, which take effect on 30 October 2026.
The research, conducted by YouGov, found that nearly two-thirds (64%) of employers are confident their organisation will adapt to the changes. However, confidence is lower among employees, with 42% believing their employer will make the necessary adjustments.
More than a quarter (28%) of employees said they were unaware of the forthcoming changes, highlighting a potential gap in communication and understanding.
The findings come as Acas updates its Code of Practice on time off for trade union duties and activities to reflect provisions introduced by the Employment Rights Act 2025.
What is changing for employers?
From 30 October, trade union equality representatives will gain a statutory right to reasonable time off to carry out certain equality-related duties.
The new rights apply in workplaces where a trade union is recognised and the equality representative has been properly appointed or elected by their union, with sufficient relevant training or experience.
Previously, trade union representatives were entitled to reasonable paid time off for certain union duties and relevant training, but equality representatives did not have equivalent statutory rights.
The legislation also introduces a requirement for employers to provide reasonable facilities for union representatives carrying out their duties, where requested. This could include access to computers or private meeting rooms.
These changes are intended to support more effective employee representation and help address equality-related issues within organisations.
Building stronger workplace relationships
The changes have implications beyond legal compliance, particularly for employers seeking to strengthen workplace inclusion and employee relations.
Baroness Maggie Jones, Acas Chair, said:
“Effective relationships between trade union representatives and employers can help build trust, prevent disputes and contribute to healthy, productive organisations.”
She added that Acas’s updated guidance and training would help employers and workers prepare for the changes and encourage effective partnerships.
Nicola Smith, Director of Policy at the TUC, also emphasised the potential role of equality representatives in addressing workplace discrimination.
“Equality reps, with paid facility time, will play a vital role in tackling workplace discrimination and making workplaces more inclusive and productive,” she said.
The TUC argues that providing representatives with sufficient time and resources can help organisations identify and resolve problems before they develop into more serious disputes.
Further employment rights changes
The new equality representative provisions form part of a wider package of changes under the Employment Rights Act 2025.
Other measures taking effect on 30 October include protections against less favourable treatment for workers participating in industrial action, new rights for trade unions to access workplaces to speak with workers, and an updated government Code of Practice on trade union recognition.
For HR and people leaders, the changes create an opportunity to review existing policies, arrangements for union representation and communication with employees.
Acas has published an updated Code of Practice on time off for trade union duties and activities and further guidance on the Employment Rights Act 2025 to support organisations preparing for the legislation.
The YouGov research surveyed 1,034 employer decision-makers and 1,050 employees across Great Britain in September 2026. Results were weighted to be representative of their respective populations.
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