By Sara Meyer & Hilary Larter
|Published 13 July 2026
The government has published a report setting out the conclusions of its review of the list of roles to which the right to a reasonable amount of unpaid time off work for public duties applies. It has also published a consultation seeking views on its proposed changes to that list.
The right to time off for public duties is a right (contained in the Employment Rights Act 1996) to a reasonable amount of unpaid time off. It currently covers roles such as magistrates, members of local authorities and school governors. Employees can bring claims in the employment tribunal if their employer fails to permit them to take time off to which they are entitled, and they are protected from detriment and dismissal because they took or sought to take such time off.
When the Employment Rights Act 2025 (ERA 2025) was going through Parliament, MPs sought to introduce an amendment that would extend the right to time off for public duties to special constables. This amendment is not in the final version of the ERA 2025. However, the ERA 2025 did require the government to conduct a review of the list of public duties that qualify for time off, with the results to be published within 12 months of the ERA 2025 receiving royal assent. The aim of the review was to ensure the list of roles in public bodies and offices eligible for time off under the legislation remains fit for purpose.
On 11 June 2026, the government published a report setting out the conclusions of its review. The report notes that the right to time off for public duties has not been subject to comprehensive review since its introduction. In that time, there have been significant reforms to many sectors in which public duties are conducted and inconsistencies have developed across different sectors, between the devolved nations, and between comparable roles.
The report concludes that the list of relevant roles needs to be updated to restore the legislation to its primary objective, namely to allow working people to balance paid employment with public duties in the community, supporting broader and more inclusive participation.
The report proposes to add certain roles to the list, for example:
Roles such as board members of the Environment Agency and national health bodies, whose purpose is one of national oversight rather than the locally focused public duties that the legislation was intended to promote, are suggested for removal from the list. The report also proposes to remove certain roles from the list because they no longer exist, or their functions have been subsumed into other roles that are covered by the right.
On 12 June 2026, the government published a consultation seeking views on its proposed changes to the list of roles that qualify for time off for public duties. The consultation explains that the government's aim is to ensure the entitlement to time off for public duties remains fair, effective and fit for purpose. The consultation does not seek views on the removal from the list of defunct roles, but does ask for comments on all of the other proposals put forward in the government's report.
The consultation closes on 4 September 2026. Once it has analysed the feedback received, the government will publish its response setting out any actions it intends to take.
The number of employees who take time off for public duties is relatively low. However, if the list of relevant public duties is expanded (for example, to include special constables and school governors in academies and academy trusts), the take-up of this right could increase.
It is notable that the right only applies to office holders (e.g. a magistrate holds the office of Justice of the Peace) and members of public bodies (e.g. a local councillor is a member of a local authority). The government's review did not extend to a broader consideration of volunteering leave. However, the consultation notes that the government encourages employers to consider offering volunteering leave, and that employees may also use the right to request flexible working to support their volunteering commitments.
