Legislation – The Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026
Provisions of the 2025 Act coming into force on 6th April 20263.
(1)
The provisions of the 2025 Act specified in the following paragraphs of this regulation come into force on 6th April 2026, subject to the transitional provisions in regulations 5 and 6.
(2)
Section 23 (protection of disclosures relating to sexual harassment).
(3)
In section 24 (contractual duties of confidentiality relating to harassment and discrimination)—
(a)
subsection (1), to the extent that it relates to subsection (5) of that section;
(b)
subsection (5).
(4)
Section 27 (dismissal following period of statutory family leave), in so far as not already in force.
(5)
In section 28 (dismissal for failing to agree to variation of a contract, etc)—
(a)
subsections (1) and (2), to the extent they relate to the provision specified in sub- paragraph (b);
(b)
(6)
Section 30 (collective redundancy consultation: protected period), in so far as not already in force.
(7)
Section 33 (equality action plans).
(8)
Section 35 (duty to keep records relating to annual leave).
(9)
Section 39 (power to establish social care negotiating body).
(10)
Section 40 (membership, procedure, etc of negotiating body).
(11)
Section 41 (matters within negotiating body’s remit).
(12)
Section 42 (meaning of “social care worker”).
(13)
Section 43 (consideration of matters by negotiating body).
(14)
Section 44 (reconsideration by negotiating body).
(15)
Section 45 (failure to reach an agreement).
(16)
Section 46 (power to ratify agreements).
(17)
Section 47 (effect of regulations ratifying agreement).
(18)
Section 48 (power of appropriate authority to deal with matters).
(19)
Section 49 (guidance and codes of practice).
(20)
Section 50 (duty of employers to keep records).
(21)
Section 51 (agency workers who are not otherwise “workers”).
(22)
Section 52 (regulations under section 46 or 48: supplementary).
(23)
Section 53 (regulations under this chapter).
(24)
Section 54 (status of agreements, etc).
(25)
Section 55 (interpretation of this chapter).
(26)
Section 60 (trade union recognition), to the extent that it relates to the provisions of Schedule 6 to the 2025 Act specified in paragraph (27) of this regulation.
(27)
In Schedule 6 (trade union recognition)—
(a)
paragraph 1, to the extent it relates to the provisions specified in sub-paragraphs (b) to (j);
(b)
in paragraph 5—
(i)
sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);
(ii)
sub-paragraphs (3), (4), (6) and (7);
(c)
in paragraph 19—
(i)
sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);
(ii)
sub-paragraphs (3) and (4);
(d)
in paragraph 20—
(i)
sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);
(ii)
sub-paragraph (3);
(e)
paragraph 21, to the extent it substitutes a new sub-paragraph (1) in paragraph 36 of Schedule A1 to the 1992 Act;
(f)
in paragraph 27—
(i)
sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);
(ii)
sub-paragraph (3);
(g)
paragraph 28, to the extent it substitutes a new sub-paragraph (1) in paragraph 45 of Schedule A1 to the 1992 Act;
(h)
paragraph 34;
(i)
paragraphs 42 to 44;
(j)
paragraph 65.