Government consultation opens on time off for public duties
The government has launched a consultation on proposed changes to the public duties that are eligible for statutory time off work. The consultation seeks views on updates to the list of eligible duties and how the entitlement works in practice.
The consultation, led by the Department for Business and Trade, follows a review of the public duties listed under section 50 of the Employment Rights Act 1996. It aims to ensure the entitlement continues to support civic participation while reflecting the way public services and workplaces operate today.
The following existing arrangements are not part of this consultation and will not change: the right to time off will continue to be for a reasonable amount of time, employers will not be required to pay employees for this time off but may choose to, and employers will still be able to refuse a request where the absence would cause disruption to the organisation.
What is being proposed?
The government is seeking views on proposed additions and removals from the list of public duties that qualify for statutory time off work.
Proposed additions
Roles proposed for inclusion include:
- special constables
- governors for academies and academy trusts
- members of Conservation Boards and Corporate Joint Committees
- audit committee and governing body members of designated educational institutions
- fee-paid judges
- members of Integration Joint Boards
- lay panel members of the Judicial Appointments Commission.
Proposed removals
Roles proposed for removal include some national public sector governance roles, such as board members of the Environment Agency, the Scottish Environment Protection Agency, national health bodies including NHS England and NICE, and Scottish Water.
What this means for NHS employers
- Review local policies: Employers may need to update special leave, civic duties or time off policies if the proposed changes to the list of public duties are implemented.
- Consider service impact: The consultation does not propose changing the existing arrangements on reasonableness, pay or an employer’s ability to refuse a request where the absence would disrupt the organisation. Employers can continue to consider the impact of absence on service delivery when responding to requests.
- Prepare to respond: HR teams may wish to review how the current entitlement operates locally and consider whether they want to submit a response to the consultation.
How to respond
Organisations are encouraged to respond directly to the consultation. Full details, including the consultation questions and the proposed list of changes, are available on GOV.UK.
The consultation closes at 11:59pm on 4 September 2026.
