Legislation – Employment Rights Act 2025

Schedule 12 makes amendments for the purpose of increasing time limits for making claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.

Regulations etc under Employment Rights Act 1996

153Orders and regulations under Employment Rights Act 1996: procedure

In section 236 of the Employment Rights Act 1996 (orders and regulations), after subsection (4) insert—

“(4A)

A statutory instrument containing an order or regulations under this Act to which subsection (3) applies may include an order or regulations under this Act to which subsection (3) would not otherwise apply.

(4B)

In such a case, the statutory instrument is to be proceeded with as if all of the orders and regulations contained in it were orders or regulations to which subsection (3) applies.”

Final provisions

154Power to make consequential amendments

(1)

The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

(2)

The power to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before, or in the same session of Parliament as, this Act.

(3)

In this section “primary legislation” means—

(a)

an Act of Parliament;

(b)

a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

(c)

an Act of the Scottish Parliament;

(d)

Northern Ireland legislation.

(4)

Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.

(5)

Any other regulations under this section are subject to the negative resolution procedure.

155Power to make transitional or saving provision

(1)

The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

(2)

Regulations under this section may (among other things)—

(a)

make provision in addition to, or different from, that made by this Act;

(b)

make any adaptations of any provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.

156Regulations

(1)

Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2)

For provision about the making of regulations under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (which provides for such regulations to be made by Scottish statutory instrument).

(3)

Regulations under this Act may—

(a)

make different provision for different purposes or different areas;

(b)

contain supplementary, incidental, consequential, transitional or saving provision.

(4)

Subsection (3) does not apply to regulations under section 159 (see instead subsection (4) of that section).

(5)

Where regulations under this Act are subject to the “negative resolution procedure”—

(a)

in the case of regulations of the Secretary of State, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

in the case of regulations of the Welsh Ministers, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c)

in the case of regulations of the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6)

Where regulations under this Act are subject to the “affirmative resolution procedure”—

(a)

in the case of regulations of the Secretary of State, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;

(b)

in the case of regulations of the Welsh Ministers, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

(c)

in the case of regulations of the Scottish Ministers, the regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7)

Any provision that may be included by a person in an instrument under this Act subject to the negative resolution procedure may be made by the person by regulations subject to the affirmative resolution procedure.

157Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by a person holding office under His Majesty or by a government department, and

(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

158Extent

(1)

Except as set out below—

(a)

Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;

(b)

in Part 3—

(i)

Chapter 1 extends to England and Wales;

(ii)

Chapter 2 extends to England and Wales and Scotland;

(iii)

Chapter 3 extends to England and Wales, Scotland and Northern Ireland;

(c)

Part 5 and this Part extend to England and Wales, Scotland and Northern Ireland.

(2)

Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern Ireland only.

(3)

Section 32 (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.

(4)

Except as set out in subsection (5), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.

(5)

In Schedule 12 (increase in time limits for making claims)—

(a)

the amendments made by paragraph 9(3) and (4) extend to Northern Ireland only;

(b)

the amendments made by paragraphs 10, 12 and 13 extend to England and Wales and Scotland only.

159Commencement

(1)

The following provisions of this Act come into force on the day on which this Act is passed—

(a)

section 19 (review of extent of right to time off for public duties);

(b)

section 37 (guidance about the employment of children on heritage railways);

(c)

section 78 (repeal of provision about minimum service levels);

(d)

sections 154 to 158, this section and section 160.

(2)

The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a)

section 61 (political funds: requirement to pass political resolution);

(b)

section 62 (requirement to contribute to political fund);

(c)

section 63 (deduction of trade union subscriptions from wages in public sector);

(d)

section 66 (facility time: publication requirements and reserve powers);

(e)

section 67 (blacklists: additional powers);

(f)

section 69 (industrial action ballots: support thresholds);

(g)

section 70 (industrial action ballots: information to be included in notices to employers);

(h)

section 71 (industrial action ballots: information to be included on voting paper);

(i)

section 72 (period after which industrial action ballot ceases to be effective);

(j)

section 73 (electronic balloting);

(k)

section 74 (notice to employers of industrial action);

(l)

section 75 (union supervision of picketing);

(m)

section 80 (union annual returns: removal of provision about political expenditure);

(n)

section 82 (Certification Officer: removal of investigatory powers);

(o)

section 83 (Certification Officer: powers to be exercised only on application);

(p)

section 84 (Certification Officer: removal of power to impose financial penalties);

(q)

section 86 (Certification Officer: appeals to the Employment Appeal Tribunal);

(r)

section 87 (employment outside Great Britain);

(s)

section 89 (devolved Welsh authorities).

(3)

The other provisions of this Act come into force in accordance with regulations made by the Secretary of State.

(4)

Regulations under subsection (3) may make different provision for different purposes or different areas.

(5)

In deciding whether and when to make regulations under subsection (3) bringing section 68 (industrial action ballots: turnout threshold) into force for any purpose, the Secretary of State must have regard to what effect any provision made after this Act is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote in such ballots doing so.

(6)

The Secretary of State may not make regulations under subsection (3) bringing section 68 into force for any purpose unless the Secretary of State has laid before Parliament a statement as to how the Secretary of State has had regard to any such effect.

(7)

In subsection (5) “industrial action ballot” means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).

160Short title

This Act may be cited as the Employment Rights Act 2025.