New Statutory Rights for Equality Representatives Welcomed

Equality Representatives, often known as equality reps or equalities reps, have long played a vital role across the workplaces we represent. They help to challenge discrimination and harassment, promote equal pay, support flexible working arrangements and champion policies and practices that foster more inclusive employment practices for all.

Until now, much of this important work has relied on informal arrangements or employer goodwill. Without statutory rights to paid time off or access to workplace facilities, many equality reps have had to carry out their duties during lunch breaks, in their own time or while on annual leave.

This is now changing. From 30th October 2026 the Employment Rights Act 2025, will give equality reps formal statutory recognition through the insertion of Section 168B into the Trade Union and Labour Relations (Consolidation) Act 1992. In workplaces where Community is recognised, equality reps will now be entitled to paid time off to undertake their duties and training, as well as access to reasonable workplace facilities. This marks a significant step forward in recognising the valuable contribution equality reps make.

What the changes mean for equality reps

Under the new legal framework, trained union equality reps in workplaces where an independent trade union is recognised will have clear statutory rights and protections. This includes:

Paid time off for equality duties

Employers must allow union equalities reps to take reasonable paid time off during working hours to carry out key functions, including:

• Promoting equality and inclusion: raising awareness of equality issues, encouraging inclusive workplace practices and supporting initiatives that advance fairness at work.
• Supporting members: providing information, guidance, and signposting on issues such as discrimination, harassment, victimisation and reasonable adjustments.
• Working with employers: contributing to discussions and consultation on equality policies, equal pay, accessibility and wider diversity and inclusion matters.
• Identifying barriers to equality: reviewing relevant workforce information and helping to identify patterns or issues that may contribute to inequality.
• Promoting learning and awareness: encouraging participation in equality-related training, events and development opportunities .

Paid time off for training

Employers must provide reasonable paid time off for equality reps to undertake training that is relevant to carrying out their functions effectively. The training should be approved by the representative’s trade union and be relevant to their role.

Right to workplace facilities

Employers should provide equality reps with reasonable accommodation and facilities where these are necessary to enable them to carry out their functions effectively. This may include access to meeting rooms, communication facilities, IT equipment secure storage or private spaces for confidential discussions.

What Counts as “Reasonable”?

As with existing rights for trade union representatives, requests for time off and workplace facilities must be reasonable in all circumstances. Factors that may be taken into account include:

• The size, operational requirements and resources of the employer, the frequency, duration and purpose of the request.
• The extent to which the activity relates to the representative’s statutory functions.
• The guidance set out in the Acas Code of Practice on time off for trade union duties and activities.

Where agreement cannot be reached, an equality representative may make a complaint to an Employment Tribunal. The Tribunal will consider whether the employer has complied with its statutory obligations taking account of all the circumstances of the case.

Why does this change matter?

Statutory recognition for equality reps is likely to affect employee relations in three important ways:

Strengthening Equality Work

It gives Equality reps dedicated time to focus on workplace equality issues. This can support greater scrutiny of equality data, workplace experiences and organisational policies, helping to identify barriers to inclusion and opportunities for improvement.

Earlier Engagement on Equality Issues

By providing paid time off for their functions, the new provisions enable equalities reps to engage more consistently with employers on equality matters. This creates more opportunities to raise concerns, share workforce feedback and contribute to discussions and about workplace policies and practices at an earlier stage.

Stronger Trade Union Representation

This change brings equalities reps in line with other recognised union representatives who are already have statutory rights to time off and facilities. This strengthens their ability to participate fully in union structures, support members and contribute to collective efforts to improve workplace equality.

Head of Equalities, Jennifer Dean said:

“For many years, Community’s equality reps have been championing fairness in the workplace, supporting members, tackling discrimination and helping employers build more inclusive working environments. They have often done this in their own time, or during lunch breaks. The new statutory rights are a welcome and long overdue recognition of the important role they play. By providing paid time off and access to workplace facilities, this legislation will help ensure equality reps are better equipped to support members and drive positive change in workplaces across our industries.”

By giving union equality reps the time, training, and workplace facilities they need, employers have a greater opportunity to work in partnership with representatives to build workplaces that are fairer, more inclusive and more collaborative.