ACAS Trade Union Time Off Code Starts 30 October 2026
If the original Order reads like a wall of procedure, the main point is actually quite simple. According to legislation.gov.uk, the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026 was made on 19 October 2026 and signed by Kate Dearden, Minister of State at the Department for Business, Innovation, Science and Trade. It brings a revised ACAS code into force on 30 October 2026. So this is not a brand-new right appearing out of nowhere. It is the legal step that tells workplaces, union representatives and tribunals which version of the ACAS guidance applies from that date.
The revised code covers time off for trade union duties and activities. The explanatory note says it includes guidance on time off for trade union representatives, union learning representatives and equality representatives. In plain English, it is about when workers carrying out recognised union roles can take time away from their normal job to do that union work. **What this means:** if you are an employer, this is guidance you should now be using when requests for trade union time off come in. If you are a union rep or a worker in one of these roles, it sets the framework that should be used in those discussions.
The Order extends to England and Wales and Scotland. In other words, this instrument applies across Great Britain, but not Northern Ireland. It also explains why so much of the document is about process. ACAS first proposed a revision, published a draft, considered responses, sent the revised draft to the Secretary of State, and then saw it approved by both Houses of Parliament before the final code could be issued. For readers, that matters because it shows the update has gone through the full formal route rather than being casual workplace advice.
The code being replaced has been around for a long time. The previous Code of Practice on Time Off for Trade Union Duties and Activities came into effect on 1 January 2010. After more than sixteen years, workplaces are now being moved on to a revised version. The explanatory note says the new code reflects changes made by the Employment Rights Act 2025. That helps you place this Order in context. It is part of a wider update to workers' rights rules, even though this particular instrument is mainly about setting the start date for the new code.
The date to keep in your head is **30 October 2026**. That is when the revised ACAS code starts to apply. But the Order also contains a transition rule, and this is the part that can easily catch people out. If an employment tribunal claim is about an employer refusing time off before 30 October 2026, the new code does not apply to that refusal for the claims named in article 3. In those cases, the older 2010 code can still be the relevant one. **What this means:** a refusal on 29 October 2026 may be judged under different guidance from a refusal on 30 October 2026, even if both disputes reach a tribunal later on.
The Order pinpoints two kinds of claims for that transition. One relates to time off for carrying out trade union duties under section 168(4)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992. The other relates to union learning representatives under section 168A(9)(a) of the same Act. You do not need to memorise those section numbers to understand the practical lesson, but they do matter. They define exactly where the old code may continue to apply. For students, teachers and first-time readers of legislation, this is a useful reminder that legal change rarely works like a single switch for every dispute at once. The exact date of the event can decide which rules are used.
The final note is about impact. The government says it has not produced a full impact assessment for this Order or for the revised code because it does not expect a significant effect on the private, voluntary or public sector from this step on its own. Instead, it points readers to the impact assessment already published for the Employment Rights Act 2025 measures behind these changes. So if you are trying to work out what to do next, the practical takeaway is clear: read the revised ACAS code now, treat 30 October 2026 as the changeover date, and remember that older refusals may still fall under the 2010 version. ACAS has published the revised code, and the department says copies can also be inspected through the Department for Business, Innovation, Science and Trade.