Protection for Trade Union Equality Reps

Section 65 of the Employment Rights Act 2025 will insert section 168B into TULRCA 1992, creating statutory rights for recognised trade unions’ equality representatives. The provisions are expected to take effect on 30 October 2026.

An employer must allow an employee who is both a member of a recognised independent union and an appointed or elected equality representative to take paid time off during working hours. Permitted activities include:

  • promoting workplace equality;
  • arranging equality-related learning or training;
  • advising and supporting qualifying union members;
  • consulting the employer;
  • obtaining and analysing equality information; and
  • undertaking relevant representative training.

The union must notify the employer in writing of the appointment, and prescribed training conditions must be satisfied. Training must be sufficient having regard to relevant ACAS or Secretary of State Codes of Practice.

The amount, timing, purpose and conditions of time off must be reasonable in all the circumstances, taking account of relevant Codes. When reasonably requested, employers must also provide suitable accommodation and other facilities to support the representative’s functions.

“Equality” includes eliminating discrimination, harassment, victimisation and other Equality Act 2010 prohibited conduct; advancing equality of opportunity; and fostering good relations. The covered protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Employees may complain to an Employment Tribunal if the employer fails to provide time off or reasonable facilities. In disputes about time off, the employer must demonstrate that the amount requested was unreasonable. Claims, time limits, remedies and the meaning of working hours will mirror the existing arrangements for union officials and learning representatives. Claims will be subject to ACAS early conciliation.

Union members will also have a separate right to reasonable time off to access an equality representative’s services. Dismissal for asserting rights under section 168B will be automatically unfair.

ACAS and the Secretary of State will be empowered to issue practical Codes of Practice concerning equality representatives although none have been issued yet.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

Visit our main Employment Rights Act Hub for further information.