ACAS and Government Seek Views on Key Employment Changes

10 February 2026

ACAS is consulting on updates to its Code of Practice, while the government is seeking views on proposed changes to flexible working access and the use of fire and rehire practices.  The consultations aim to gather input from employers, employees, industry bodies and other stakeholders to ensure that reforms are fair, practical and effective within workplaces.

We encourage our members to respond to these consultations and share their views.

ACAS Code of Practice

On 20 January 2026, ACAS opened an 8-week public consultation on a revised Code of Practice on time off for trade union duties and activities, aiming to update its guidance in line with the forthcoming changes in UK employment law.

The consultation closes at 5pm on 17 March 2026 and invites employers, employees and trade union representatives to comment on the draft Code.  The revision is in response to new statutory rights introduced by the Employment Rights Act 2025, including a legal entitlement for union representatives to take reasonable paid time off for specified duties and training, and a requirement for employers to provide accommodation where reasonably requested.

Responses can be submitted via the online form on the ACAS website.

Further information can be found here.

Flexible Working Consultation

Launched on 5 February 2026, the government’s consultation on access to flexible working seeks comment on further strengthening employees’ rights to request flexible working arrangements under the Employment Rights Act 2025.  Proposals include expanding eligibility, setting out employer duties when considering requests, and improving transparency in how decisions are reached.

The consultation invites responses from employers, employees and HR professionals on how new measures could work in practice and the impact they may have on day-to-day operations and workforce planning.

Responses can be submitted online here or via email to flexibleworking@businessandtrade.gov.uk until 30 April 2026.

Further information can be found here.

Fire and Rehire Consultation

The government has opened a consultation on the use of fire and rehire practices, requesting feedback on ways to enhance protections for employees facing changes to their contracts.  The plans focus on reducing the impact of dismissing and re-employing staff on new terms, promoting fair consultation between employers and staff, and introducing stronger legal protections for those affected.

Responses to this consultation can be submitted online here or via email to Fireandrehire@businessandtrade.gov.uk until 1 April 2026.

Further information can be found here.