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 84 of the 2025 Act (removal of power to impose financial penalties)

17. (1)

Section 84 of the 2025 Act (removal of power to impose financial penalties) does not affect the operation of section 256D of, and Schedule A4 to, the 1992 Act55 as they had effect before the commencement date in relation to a person in default concerning a specified default under a relevant provision in relation to which, before the commencement date, and whether or not following an application to the Certification Officer by another person, the Officer—

(a)

makes written enquiry of a trade union or other person, or

(b)

otherwise gives written notification to a trade union or other person that the Officer is considering exercising their powers in relation to a failure or breach or threatened breach or possible failure or breach or threatened breach of a relevant provision.

(2)

In this paragraph—

“person in default” has the same meaning as Schedule A4 to the 1992 Act (see paragraph 1(2) of that Schedule), as it had effect before the commencement date;

“relevant provision” means a provision listed in paragraph 1(1) of Schedule A4 to the 1992 Act, as it had effect before the commencement date;

“specified” means specified by the Officer (whether as a failure or breach or threatened breach or possible failure or breach or threatened breach) in the enquiry or notification referred to in sub-paragraph (1).