# The Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026, Article 3: Transitional and saving provision


The Code of Practice on Time Off for Trade Union Duties and Activities does not apply to the extent it is relevant to any employment tribunal claim brought under section 168(4)(a) or section 168A(9)(a) of the 1992 Act (time off for carrying out trade union duties or for union learning representatives) in respect of an employer’s failure to permit an employee to take time off, where the date of the failure occurs before 30th October 2026.

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Source: https://www.legislation.gov.uk/uksi/2026/1104/article/3 (the official version)
Page: https://openlegislation.uk/employment-protection-code-of-practice-time-off-for-trade-union-duties-and-activities-order-2026/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.