Facility time reporting: guidance for public sector employers
This guidance is now out of date following repeal of statutory facility time reporting requirements under the Employment Rights Act 2025. Public sector employers are no longer required to publish facility time data.
Update - May 2026
The document titled “Facility Time Reporting: Scottish Government and Scottish Trades Union Congress Guidance for Public Sector Employers” has been withdrawn following repeal of the statutory requirement to report facility time.
The Employment Rights Act 2025 repeals the legislative provisions underpinning the Trade Union (Facility Time Publication Requirements) Regulations 2017. These changes came into force on 18 February 2026.
A relevant public sector employer’s reporting period runs from 1 April to 31 March. As the 2025 to 2026 relevant period had not concluded prior to 18 February 2026, public sector employers are not required to publish facility time data for that period, or for subsequent periods under current legislative arrangements.
We continue to support trade unions and facility time as a valuable tool in the management of public sector organisations, enabling constructive consultation and negotiation, strengthening the effective voice of workers, and improving workplace relations.
Further information:
Trade union law: transition to Employment Rights Act 2025 - GOV.UK
Contact
Email: Ruth.Wilson3@gov.scot