Legislation – The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026

SCHEDULES

Schedule 1 Transitional and saving provisions in relation to sections 16 and 17 of the 2025 Act

Schedule 2 Transitional and saving provisions in relation to Part 4 of the 2025 Act

Signature

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

Schedules

Schedule 1Transitional and saving provisions in relation to sections 16 and 17 of the 2025 Act

Regulation 5

1.

The amendments made by sections 16 (paternity leave: removal of qualifying period of employment) and 17 (ability to take paternity leave following shared parental leave) of the 2025 Act have no effect in relation to children—

(a)

in a case where an entitlement to paternity leave would arise from the birth of the child, born before 6th April 2026,

(b)

placed for adoption before 6th April 2026,

(c)

being adopted from overseas who enter Great Britain before 6th April 2026, or

(d)

in a parental order case, born before 6th April 2026.

2.

Paragraph 1(a) of this Schedule does not apply where the child’s expected week of birth begins on or after 5th April 2026.

3.

Paragraphs 1 and 2 of this Schedule do not apply where the child’s primary carer dies on or after 6th April 2026.

4.

In this Schedule—

“adopter” means—

(a)

in relation to a child placed for adoption under the law of any part of the United Kingdom—

(i)
the person with whom the child has been or is expected to be placed for adoption, or
(ii)
in a case where the child has been or is expected to be placed for adoption with two people jointly, whichever of those two people has elected to be the child’s adopter, by agreement between those two people at the time they are matched with the child for adoption, for the purposes of regulations made under section 80B of the 1996 Act;

(b)

in relation to a child who is the subject of an adoption from overseas—

(i)
a person by whom the child has been or is to be adopted, or
(ii)
in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to be the child’s adopter, by agreement by those two people at the time when they receive official notification issued by or on behalf of the relevant domestic authority that the adopter is eligible to adopt, for the purposes of regulations made under section 80B of the 1996 Act;

“expected week” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the child will be born;

“parental order case” means a case where a person applies, or intends to apply during the period of 6 months from the day of a child’s birth, for an order under section 54 of the Human Fertilisation and Embryology Act 200835 in respect of the child;

“primary carer”, in relation to a child, means—

(a)

in a case where the mother of the child dies, the child’s mother;

(b)

in a case where a child is placed or expected to be placed for adoption under the law of any part of the United Kingdom or the child is being adopted from overseas, the child’s adopter;

(c)

in a parental order case—

(i)
the person—
1. (aa)
  on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child, or
2. (bb)
  who applies, or intends to apply, during the period of 6 months beginning with the day of the child’s birth, with another person for such an order in respect of the child, and expects the court to make that order, and
(ii)
who has elected to be the child’s primary carer, by agreement with the person with whom they applied, or intend to apply, for that order;

“relevant domestic authority” means—

(a)

in the case of an adopter to whom the Adoptions with a Foreign Element Regulations 200536 apply and who is habitually resident in Wales, the Welsh Ministers;

(b)

in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 200937 apply and who is habitually resident in Scotland, the Scottish Ministers;

(c)

in any other case, the Secretary of State.

5.

For the purposes of this Schedule, a person adopts a child from overseas if the person adopts a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom.