The final draft of Acas' revised Code of Practice on Time Off for Trade Union Duties and Activities has been approved by the Minister for Business. It will come into effect when it has received parliamentary approval. To complement the new code, Acas has also produced a guide to managing time off for union representatives.

The prime focus of the code is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. This includes representative duties associated with collective redundancies and the transfer of undertakings. The code also provides advice concerning union learning representatives.

The provisions of the code are admissible in evidence in proceedings before an employment tribunal relating to time off for trade union duties and activities. Any provisions of the code which appear to the tribunal to be relevant can be taken into account. However, failure to observe any provision of the code does not of itself render an employer liable to any proceedings.

The guide, on the other hand, spells out the issues and factors to be taken into account in designing and operating time off provisions. It is written to complement the code by going into greater detail and being relevant to all types of union representative. This guide, however, has no standing in law.

Acas makes clear that the code should always be consulted in addition to the guide as it provides the definitive statements concerning time off for union representatives in their collective bargaining, union learning, TUPE and collective 
redundancy roles.

For copies of the Code and the guide go to: www.acas.org.uk/index.aspx?articleid=2391