Across the sector, figures are wildly varied. One Yorkshire authority is charging maintained schools £11.60 per pupil for 2025–26, compared to £1.15 just over the border in the North East. London sits somewhere in the middle: £5.48 in Lambeth, £3.66 in Enfield. Same service. Drastic financial difference.
And just as these bills arrive, the Employment Rights Bill (ERB) clears its stage in the Lords. Clause 61 still talks about “reasonable” time off, but it shifts the burden of proof. If a school union representative says they need more time, you must now show why that’s not “reasonably feasible”. It also extends paid time off to the equality rep.
Below, we explore the statutory requirements for facility time in schools and trusts, along with tips to keep you compliant.
Facility time is where an employee takes ‘reasonable’ time off from their normal role to carry out duties and activities as a trade union representative.
Under the 1975 Employment Protection Act, paid time off for union rep duties is a statutory right. An employee’s entitlement to facility time is also laid out in the Trade Union and Labour Relations (Consolidation) Act 1992, and the ACAS Code of Practice for Trade Union Duties.
Under the Bill, the ‘reasonable in all circumstances’ test becomes stronger. Employers need to show exactly why a request was ‘unreasonable’ if challenged for denying a facility time request.
Employers are required to provide access to facilities that enable reps to carry out their duties and training (e.g, office/meeting space, internet). Feasibility is again judged by the standards set in the ACAS Code.
Equality reps gain statutory rights to reasonable time off, with training conditions set out in the Bill.
Repealing Trade Union Act 2016 provisions, the ERB requires public-sector employers to publish facility-time data, removing the ministerial power to cap facility time.
This is an especially notable shift for schools and trusts previously within the scope of the 2017 publication regulations.
The good news? While it may seem harder to budget for requests that are more difficult to deny, you can absolutely stay compliant without breaking the bank.
Let’s look at our recommended seven-step formula, with tested, transparent, and defensible actions to help you plan for facility time costs.
Count your total staff and the number of memberships you have for each recognised union.
Look at your past 12 months: How many disciplinaries, grievances, restructures, and policy meetings did you need? Use these to estimate your demand over the next year.
Typical primaries can expect 2–4 formal cases and two consultation meetings per rep per year.
Ringfence 0.05% to 0.10% of your gross payroll for facility time cost. This keeps you well within reason, mirrors leaner English LAs, and avoids any red flags with auditors.
Some MATs fund a staff side chair for one day a week (0.2 FTE) if workload justifies it.
Keep this simple and tied to membership:
This ensures fairness and helps you stay within directed time limits.
Outlined in the ACAS Code, ringfence training times are advised as:
Hold a yearly joint meeting with your unions. Share your spreadsheet. Adjust only if membership or workload changes.
A MAT with a £10m pay bill sets a 0.1% ceiling (£10k). At £50 per cover hour, that buys 200 paid hours:
All within budget. No guesswork. Full compliance.
For maintained schools, the local authority can propose to hold a portion of funding centrally. This is known as ‘Pooled Facility Time Arrangements’.
While there is no obligation for maintained schools to join, pooled funding can be a great asset, but there are some key factors to check if it will work for your School or Trust:
If you’re an academy, it’s important to note that local authorities can’t de-delegate funds from you, yet certain LAs allow academies to contribute to pooled arrangements if they choose.
Facility time doesn’t have to be a financial headache. With a clear formula and confident communication, it becomes just another part of good school governance.
Transparent maths beats pressure every time. Show your reps and auditors how you arrive at a fair and affordable figure. Keep it under review.