Legislation – Employment Rights Act 2025

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4Trade unions and industrial action, etc

Facilities provided to trade union representatives and members

64Facilities provided to trade union officials and learning representatives

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2)

In section 168 (time off for carrying out trade union duties)—

(a)

after subsection (3) insert—

“(3A)

An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for carrying out the duties or undergoing the training for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.”;

(b)

for subsection (4) substitute—

“(4)

An employee may present a complaint to an employment tribunal that the employer has failed—

(a)

to permit the employee to take time off, or

(b)

to provide the employee with facilities,

as required by this section.

(5)

On a complaint under subsection (4)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.”

(3)

In section 168A (time off for union learning representatives)—

(a)

after subsection (8) insert—

“(8A)

An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.”;

(b)

for subsection (9) substitute—

“(9)

An employee may present a complaint to an employment tribunal that the employer has failed—

(a)

to permit the employee to take time off, or

(b)

to provide the employee with facilities,

as required by this section.

(10)

On a complaint under subsection (9)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.”

(4)

In section 172 (remedies), in subsection (2), omit “in failing to permit time off to be taken by the employee”.

(5)

In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after “time off” insert “and facilities”.

(6)

In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a), after “time off” insert “and facilities”.

(7)

In section 10 of the Employment Relations Act 1999 (right to be accompanied), in subsection (7), for “and (4)” substitute “, (4) and (5)”.