By Jo Seery, Professional Support Lawyer
Trade union equality representatives play a vital role in challenging unfair treatment and making workplaces safer and more inclusive. New legal rights will finally give that work the formal recognition and practical support it deserves.
Section 65 of the Employment Rights Act 2025 introduces a statutory right for eligible trade union equality representatives to be paid to take time off during working hours to carry out their role. This applies where the representative is a member of an independent trade union recognised by the employer, the union has confirmed their appointment in writing and the relevant training requirements have been met.
The permitted work includes promoting equality, arranging workplace equality training, advising and supporting union members, consulting employers and examining information relating to equality. Representatives are also entitled to reasonable time off for relevant training and preparation.
Importantly, the law recognises that time alone is not enough. When requested, employers must provide reasonable accommodation and other facilities to help equality representatives carry out their duties. The draft updated ACAS Code of Practice on Time Off for Trade Union Duties and Activities points out that employers “must respect the confidential and sensitive nature of communications between union representatives and their members and trade union. Representatives and members are entitled to communicate without being monitored by their employer.” This is especially the case for equality reps who should be provided with a confidential space to meet a worker.
Equality representatives help tackle discrimination, harassment and victimisation. They also work to advance equality of opportunity and build better relations between colleagues with different protected characteristics. For example, by raising awareness of equality issues and good practice as well as identifying and seeking the removal of barriers to workplace equality.
Where an employer fails to provide the required time off or reasonable facilities, the representative can bring a complaint before an employment tribunal. The burden will be on the employer to show that the time off requested was not reasonable.
For too long, equality representatives have carried out essential work without the statutory right to paid time off, as applies to other trade union and learning reps. These protections are an important step forward, helping representatives challenge inequality with the time, training and resources needed to make a real difference.
Trade union equality reps have always stood up for fairness, and the statutory backing is finally expected to come into force on 30 October 2026.
