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From October 2026, trade unions will gain a powerful new tool: statutory equality representatives with paid time off and access to employer facilities. Employers that recognise unions (or may do so in future) should expect more structured engagement on workplace equality issues—and closer scrutiny, particularly of pay.
What is an equality representative?
Union equality representatives (often called “equality reps”) are not new. Unions have long appointed these reps to promote workplace equality, challenge discrimination and support members on issues such as harassment and equal pay. Until now, however, the role has relied on voluntary arrangements with individual employers.
The Employment Rights Act 2025 changes that position, amending the Trade Union and Labour Relations (Consolidation) Act 1992 to give equality reps statutory recognition and enforceable rights.
Broad role, broad rights
To qualify, an equality rep must be a member of a recognised independent trade union and satisfy the training condition (i.e., completed sufficient training confirmed in writing, or notification that this will be completed within six months). They will then be entitled to “reasonable” paid time off during working hours for role-related training and to carry out, or prepare for, activities to:
- promote equality in the workplace;
- arrange equality-related learning or training;
- provide equality-related information, advice or support to union members;
- consult with the employer on equality issues; and
- obtain and analyse equality information.
Where they request it, the employer must also provide them with “reasonable” accommodation and facilities for these activities.
This envisages a broad role, particularly the “preparing” limb, which is likely to be relied on to justify document reviews, data analysis and meeting preparation. “Equality” is framed broadly, too, going beyond Equality Act 2010 protections to include advancing equality and fostering good relations between those with, and without, a protected characteristic—effectively mirroring the public sector equality duty for employers with a recognised trade union.
Acas has recently consulted on a draft Code of Practice giving practical guidance on equality reps’ rights, which will be relevant when determining claims. Although the final Code could differ, the draft Code does little to narrow the statutory wording, suggesting that employers should not expect a tightly defined or purely reactive role.
What is “reasonable”?
For employers, the key constraint on these rights is reasonableness. Time off and facilities must be “reasonable in all the circumstances”, taking account of the Code of Practice. What that means will depend on context, including the employer’s size, resources and complexity—meaning expectations are likely to be higher for larger employers.
An employee may complain to the employment tribunal if an employer refuses reasonable time off for equality rep duties or fails to provide facilities. For time off disputes, the employer must show that the time requested was not “reasonable”—so clear frameworks and documented decision-making are key.
Equal pay: where the risk escalates
Equal pay is likely to be a sensitive and high-risk area as a result of the new regime. Statutory equality reps make it easier to identify pay inequalities and plan claims inside the organisation, supported by paid time, formal access to information and a clear legal framework.
The right to obtain and analyse workplace data, combined with protected paid time to prepare, is likely to put pay structures under far greater scrutiny. Pay-related work is likely to fall squarely within the statutory remit—including reviewing job evaluation schemes, analysing pay gaps and questioning outcomes.
That matters because unions are already highly experienced in equal pay litigation. Recent high-value claims show how quickly historic pay issues can crystallise into substantial financial exposure.
Access to equality data—and the limits
Access to equality information will be central to the role. The draft Code points to equality audits and equal pay surveys being in scope; however, it is silent as to whether employers are expected to create new material.
Data protection will also be a live issue, particularly where equality or pay data could identify individuals. Much of the information involved may be special category personal data. Employers should therefore think ahead about what information can be shared, in what format, and to what extent it should be aggregated or anonymised.
Key takeaways for employers
To stay on the front foot, employers that recognise unions (or that may enter into recognition arrangements in future) should take preparatory action now:
- Develop an internal approach to “reasonableness” for time off and facilities, before engaging with your union on the process for handling requests.
- Decide internally what equality/pay information you would be willing to share if asked (and how far this should be aggregated/anonymised), and ensure data protection controls are in place.
- When creating equality data/analysis, consider whether privilege could apply and put safeguards in place to preserve it. This will help avoid generating unhelpful non-privileged material that may be disclosable in later litigation.
- Consider whether voluntary, high-level equality reporting could build trust and reduce the likelihood of more granular requests.
- Stress-test pay structures and equal pay risk now, before equality reps scrutinise them.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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