By Sasha McLaughlin, Senior Lawyer
The government has launched a consultation on the statutory right to take time off work for public duties, proposing the first major overhaul of the rules in more than 50 years from when it was introduced in the Employment Protection Act 1975. The review considers whether the current framework under section 50 of the Employment Rights Act 1996 remains fit for purpose and able to support modern public services. The consultation closes on 4 September 2026.
The existing entitlement allows employees undertaking certain public duties, such as serving as a magistrate, local councillor or school governor, to take a reasonable amount of unpaid time off work. The legislation is currently focussed on those who hold an office or are members of a public body, and the government propose to extend this to local representation and governance roles.
The government is proposing that special constables, academy or academy trust governors and a range of other locally focused public office holders should become eligible for statutory time off. At the same time, it is considering removing eligibility for certain roles linked to national public sector organisations, on the basis that these positions no longer reflect the original aim of enabling participation in community-based public service.
The consultation also seeks evidence on how the right operates in practice, including the challenges faced by workers balancing public duties with paid employment and the impact on employers. Ministers say they are seeking a balance between encouraging civic participation and recognising the operational realities faced by businesses. The entitlement would remain limited to a “reasonable” amount of time off, and employers would continue to have scope to refuse requests considered unreasonable in the circumstances.
For trade unions and worker representatives, the proposals raise important questions about access to civic and public service roles. The government says the reforms are intended to widen participation in public life, ensure public bodies better reflect the communities they serve, and update a long-standing employment right to meet contemporary needs.
