Draft ACAS Code of Practice on Time Off for Trade Union Duties and Activities

Bradley Thomas Excerpts

Tuesday 8th September 2026 General Committees

[Bradley Thomas (Bromsgrove) (Con)]

On the surface, this revision introduces the legal right to reasonable paid time off for union equality representatives, ensures that representatives can hold multiple positions—thus increasing the provisions under which they qualify for more time off—puts a greater onus on employers in tribunals, and legally requires employers to provide reasonable means to support representatives in carrying out their jobs. Yet it does far more than that: it burdens businesses with yet more regulatory red tape, further decreases employment opportunities and compounds the hardship that employers already face. Higher employment costs through increased administrative expenditure, unaffordable additional paid leave and legal tribunal expenses are a fast track to job scarcity.

A recent survey of more than 1,000 business owners found that one in five lacked confidence in the new trade union rules. Furthermore, 69% of employers believed that trade unions still have the power to cause serious problems for the UK economy, while 62% believed that the UK is entering a new, more unstable period of employment relations. Yet rather than heed those warnings and work with businesses to create a viable solution, the Government persist with such policies, despite being aware of the risks.

This is a tough time for employers and workers. Employers are seeing rising costs all around them, and workers are watching their budgets get stretched thinner as the cost of living continues to mount. A solution is needed, but this approach will only create new challenges.

The increased presence of trade unions is anticipated to escalate the number of strikes taking place across the economy. Data from the European company survey shows that strike incidence is directly higher in establishments where trade union density is greater. Furthermore, trade union membership in the public sector sits at 48.5%, compared with only 12.1% in the private sector. Research shows that since 2000 the number of days lost to strikes per worker has been 30 times higher in the public sector than in the private sector, despite public sector earnings rising faster.

In a scenario of escalating industrial action, who is likely to be profoundly impacted? A persistent casualty demographic is the general public. It is unacceptable that the Government are looking to create a set of circumstances conducive to increased strikes, which burden the British public—and at the taxpayer’s expense, no less. That is why we will vote against this draft code. Rather than expand the scope of paid time off for union representatives, the Government should scrap this legal burden on employers and redirect important taxpayer funds to frontline priorities such as the NHS and national infrastructure.

Businesses have already suffered harmful setbacks under this Government: increases to national insurance contributions, mounting energy bills, business rate modifications and the Employment Rights Act, which 86% of industry leaders warned would harm UK growth. The Government claim to be pro-worker yet continue to enact policies that shrink workforces and empty the public’s pockets.

I am both pro-worker and pro-business, and so is my party. We are steadfast in our belief that we must support businesses and entrepreneurs, who not only prop up our economy but take risks needed to provide employment. I also firmly believe that the Government must support workers by ensuring that they can keep as much of their own money as possible. That is how to truly bolster UK business and meaningfully assist the hard-working taxpayer simultaneously.

Can the Minister outline the Government’s plan to ensure that their policies on trade unions do not lead to further job losses? If not, will they accept our suggestions?

[Kate Dearden]

I welcome the shadow Minister to his role and to the Committee. I look forward to working with him and debating many issues—this one in particular. He spoke a lot about industrial action. I always find it quite rich when the Opposition talk about strike days, because on their watch they did absolutely nothing to further good industrial relations in this country. That is a real shame, because it is a detriment not only to those employers but to trade unions, our society and our economy as a whole. That is why this Government are absolutely acting responsibly.

I will come to the issue that we are debating today, but let me first say that we recognise the need to make sure that our wider industrial relations framework is functioning so that we can resolve disputes in the workplace early. That is good for businesses, employers and trade unions, so enforcement and ensuring we have negotiation skills across the workplace are really important.

What the Government are doing to reset industrial relations is responsible. We are modernising our wider framework, alongside passing lots of legislation, including the instrument that we are discussing today, and helping to usher in a more co-operative and constructive approach among employers, workers and their unions. I think that is a really good thing.

[Bradley Thomas]

Does the Minister accept that in settling trade disputes, the Government should emphasise increases in productivity, not just blanket above-inflation pay rises?