Explanatory note

This Order appoints 30th October 2026 as the day upon which the revised Code of Practice on Time Off for Trade Union Duties and Activities will come into effect. The Code of Practice, which includes guidance on time off for trade union representatives, trade union learning and equality representatives, is being issued by the Advisory, Conciliation and Arbitration Service under section 199 and section 200 of the Trade Union and Labour Relations (Consolidation) Act 1992.

The revised Code of Practice replaces the existing Code of Practice on Time Off for Trade Union Duties and Activities which came into effect on 1st January 2010. Article 3 provides a transitional provision which means that in certain circumstances the new Code will not apply, in which case the previous Code, that was brought into effect by the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2009 (S.I. 2009/3223), will continue to apply.

The revised Code of Practice on Time Off for Trade Union Duties and Activities is available at www.acas.org.uk. A copy may also be inspected by contacting the Department for Business, Innovation, Science and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

A full impact assessment has not been produced for this Order or the Code of Practice as no, or no significant, impact on the private, voluntary or public sector is foreseen. The Code reflects changes made by the Employment Rights Act 2025, for which an impact assessment has been published setting out the costs and benefits of the relevant measures. The impact assessment is available at: https://assets.publishing.service.gov.uk/media/67129bcc8a62ffa8df77b3df/Impact_assessment_strengthening_workers_rights_trade_union_access_recognition_representati on.pdf. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.