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

Schedules

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

Section 71 of the 2025 Act (industrial action ballots: information to be included in voting paper)

8.

(1)

Section 71 of the 2025 Act (industrial action ballots: information to be included on voting paper) does not apply to a ballot opened before the commencement date.

(2)

Section 71 of the 2025 Act does not apply to a ballot where, before the commencement date, the trade union had complied with section 226A of the 1992 Act44 as it had effect before the commencement date, in respect of the sample voting paper (specified in subsection (2F) of that section) for that ballot.

(3)

For the purposes of this paragraph, a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

44

Section 226A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 18(2) of the Trade Union Reform and Employment Rights Act 1993 (c. 19). Section 226A was amended by section 22(2) to (6) of the Employment Relations Act 2004 (c. 24).