The ACAS Code of Practice on time off for trade union duties and activities sets out the distinction between trade union duties and trade union activities.
Trade Union Duties
Trade union duties relate directly to the representative role an elected trade union official performs in connection with matters for which the union is formally recognised.
Under ACAS guidance, where a trade union is recognised, officials must be permitted reasonable paid time off during working hours to carry out their duties.
Examples of trade union duties include:
- Representing employees in collective bargaining (for example, pay, terms and conditions, allocation of work).
- Consultation on redundancies or business transfers.
- Attending approved training relevant to their representative role.
ACAS emphasises that duties are directly connected to negotiation, consultation, and representation tasks which support the effective functioning of recognised industrial relations arrangements.
Trade Union Activities
Trade union activities are broader and relate to an employee’s participation in internal union matters rather than duties linked to recognised negotiation or consultation structures.
Employees who are members of a recognised union are entitled to reasonable unpaid time off to participate in certain union activities.
Examples of trade union activities include:
- Attending workplace union meetings.
- Voting in union elections.
- Meeting with union representatives to discuss workplace issues (not as part of collective bargaining).
- Taking part in union-organised events (excluding industrial action).
Why the Distinction Matters
The difference between duties and activities is critical for determining:
- Whether time off should be paid or unpaid.
- Whether a request for time off is considered reasonable.
- The employer’s obligations under the ACAS Code of Practice, which tribunals may take into account when resolving disputes.
Source – https://www.acas.org.uk/acas-code-of-practice-on-time-off-for-trade-union-duties-and-activities
