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

Section 82 of the 2025 Act (removal of investigatory powers)

15. (1)

Section 82 of the 2025 Act (removal of investigatory powers) does not affect an investigation which the Certification Officer commences or proposes to commence before the commencement date.

(2)

Section 82(3) of the 2025 Act does not affect the right of a trade union or other person to appeal under section 45D of the 1992 Act, as it had effect before the commencement date, against an order made by the Certification Officer under paragraph 5 of Schedule A3 to the 1992 Act54, as it had effect before the commencement date.

(3)

For the purposes of sub-paragraph (1), the Certification Officer commences or proposes to commence an investigation if, in relation to a specified breach or possible breach of any of the relevant obligations, and whether or not following an application to the Officer by another person—

(a)

the Officer makes written enquiry of a trade union or employers’ association, or

(b)

the Officer otherwise gives written notification to a trade union or employers’ association of the investigation or proposed investigation.

(4)

In this paragraph—

“relevant obligations” has the same meaning as in Schedule A3 to the 1992 Act (see paragraph 1 of that Schedule), as it had effect before the commencement date;

“specified” means specified by the Officer in the enquiry or notification referred to in sub-paragraph (3).