The government has conducted a comprehensive review of the statutory right to reasonable time off work for public duties – the first full review in over 50 years. Whilst they have found that the right remains important for enabling civic participation, they believe that reform is required to reflect current public service structures and ensure fairness.
The government is proposing a targeted update to the list of eligible roles, restoring the legislation’s original community focus while ensuring it remains proportionate and effective. They have launched a consultation to inform final policy decisions.
So, what three things does your business need to know about time off for public duties and the consultation?
- What is the current right to time off for public duties?
- What is being proposed?
- How you can have your say
What is the current right to time off for public duties?
In brief, an employee has the right to reasonable time off to carry out certain public duties. They need to hold an office or be a member of a public body as set out in the Employment Rights Act, common examples include school governors and magistrates.
Employers do not have to pay an employee for time off to carry out public duties, although some choose to do so.
What is being proposed?
The review considered the public duties currently covered by the legislation, along with additional roles suggested for inclusion. It resulted in proposed changes to the list of duties for which employees are entitled to reasonable time off.
The aim is to refocus the legislation on its original purpose: helping working people balance paid employment with community-based public duties, while supporting broader and more inclusive participation. In particular, the government identified special constables as a significant omission from the current legislation and proposes extending the right to time off to them. It also proposes that roles with a clear local focus should keep or gain this right, while board members of national public sector bodies, such as the Environment Agency, should be removed because they fall outside the legislation’s intended purpose. The review also identified a small number of roles for removal where the relevant bodies or duties no longer exist, or where their functions have transferred to another body or duty already covered.
From a business perspective, if changes are made, they will not open the floodgates in terms of employees gaining rights to time off, but the right will better reflect the modern world.
View the government’s Time Off for Public Duties Review Report here.
How you can have your say
If you would like to participate in the government consultation on this area, you can have your say here. The consultation is open until 5th September 2026.
We will keep you updated on developments, but in the meantime it is important not only to be alert to the right to time off for public duties in case it arises in your business, but also to remember that employees do have rights in relation to time off in other situations too, for example dependant care leave. One of the areas we sometimes get asked about are employers’ obligations if an employee is called to attend jury service. If this happens in your business, please get in touch for advice.