Employment Law +

Acas consults on updated code of practice

Acas has opened a consultation on an updated draft of the statutory code of practice on time off for trade union duties and activities, reflecting forthcoming reforms under the ERA. It introduces several significant changes ahead of new rights coming into force in October 2026. The Acas draft code on time off incorporates new legal rights for trade union representative, including:

• time off for union equality representatives to carry out specified duties and undertake relevant training; and
• a duty on employers, when requested, to provide reasonable accommodation and facilities to support union representatives, learning representatives and equality representatives.

The draft code brings the new role of statutory union equality representative into sharp focus. Many employers may not yet have considered how this role will operate in practice. These representatives will promote equality, arrange training, advise and support workers, consult with employers, and gather/ analyse information. The equality priorities of employers and unions may not always align. Although the draft code states that union equality representatives should liaise with their employers to ensure that their activities complement one another, this is stated only to be for the purposes of minimising “duplication of work”.
 
The draft also sets out the factors employers should consider when deciding what accommodation and facilities are reasonable for representatives. These include providing private meeting space, access to workplace communication systems and noticeboards, dedicated office space where justified, confidential space for sensitive issues, access to members at other sites, and the technology needed for online training or meetings. The code highlights that clear agreements on accommodation and facilities can benefit both employers and trade unions.

The consultation closes on 17 March.
 
Separately, the Department for Business and Trade has also published two draft revised codes of practice on:
• industrial action ballots and notice to employers; and
• picketing in trade disputes.

The changes reflect ERA simplifications to industrial action and picketing rules that come into force on 18 February 2026. The explanatory memorandums provide particularly clear guidance on the detail of these legal changes.

Review of Disability Confident scheme

The government has confirmed that it will review the Disability Confident scheme as a complementary measure to those outlined in the recent Keep Britain Working review. The scheme has three tiered levels of commitment: committed, confident and leader. The overhauled Disability Confident scheme will aim to make employers’ experience more meaningful and more impactful and encourage employers to progress their Disability Confident status. The government will trial reforms that shorten the time employers can stay at the entry level from three years to two and remove the option for them to renew at that level, driving progression. The scheme also will provide more tailored support for SMEs, strengthen peer to peer networks so employers can share good practice, and bring disabled people’s views and experiences into the guidance so that it reflects real lived experience. This announcement is significant as it will affect the 19,000 employers who currently participate in the scheme and their disabled employees.

Draft regulations for new bereaved partner paternity leave

Draft regulations set out more detail around the new ‘day one’ right to Bereaved Partner’s Paternity Leave (BPPL) that will come into force on 6 April 2026. Last week we reported that this new right will give fathers and partners a day one entitlement to take up to 52 weeks of BPPL following a child’s birth or placement for adoption when the child’s mother or primary caregiver dies. An employee may take BPPL from the day after the child’s birth or placement for adoption and continue to take it up to 52 weeks after that date. The only exception arises when the primary caregiver dies within the 13 days before the child’s first birthday. In those circumstances, the employee may take BPPL up to 14 days after the date of bereavement, even if this falls after the child’s first birthday. This approach ensures that everyone who qualifies can take at least two weeks of leave. The entitlement applies to any child whose mother or primary caregiver dies on or after 6 April 2026.

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