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In force since 2026-10-19, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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4 provisions
Title and introductory text
2026 No. 1104
TERMS AND CONDITIONS OF EMPLOYMENT
The Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026
Made
19th October 2026
The Secretary of State makes this Order in exercise of the powers conferred by section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).
In accordance with section 199(4) of the 1992 Act the Advisory, Conciliation and Arbitration Service (“ACAS”) may from time to time revise the whole or any part of a Code of Practice issued by it.
In accordance with section 199(4) of the 1992 Act ACAS proposed to revise the Code of Practice on Time Off for Trade Union Duties and Activities which came into effect on 1st January 2010.
In accordance with section 200(1) of the 1992 Act ACAS prepared and published in draft a revised Code of Practice on Time Off for Trade Union Duties and Activities (“the draft Code”), considered any representations made to it about the draft Code and modified it accordingly.
In accordance with section 200(2) of the 1992 Act ACAS transmitted the draft Code, as so modified, to the Secretary of State.
In accordance with section 200(2)(a) of the 1992 Act, the Secretary of State approved the draft Code, as so modified, and laid it before both Houses of Parliament.
In accordance with section 200(3) of the 1992 Act, the draft Code, as so modified, has been approved by resolution of each House of Parliament and ACAS is issuing the revised Code of Practice in the form of the draft approved by Parliament.
Propose a change1 Citation, extent and interpretation
(1) This Order may be cited as the Employment Protection Code of Practice (Time Off for Trade Union Duties and Activities) Order 2026.
(2) This Order extends to England and Wales and Scotland.
(3) In this Order, “the Code of Practice on Time Off for Trade Union Duties and Activities” means the revised Code of Practice on Time Off for Trade Union Duties and Activities which was laid in draft before each House of Parliament on 6th July 2026.
Propose a change2 Appointed day for the Code of Practice
The day appointed by the Secretary of State under section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the coming into effect of the Code of Practice on Time Off for Trade Union Duties and Activities issued by the Advisory, Conciliation and Arbitration Service pursuant to that section is 30th October 2026.
Propose a change3 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.
Propose a change