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

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Introduction

1 Citation and interpretation

2 Provisions of the 2025 Act coming into force on the day after the day on which these Regulations are made

3 Provisions of the 2025 Act coming into force on 18th February 2026

4 Provisions of the 2025 Act coming into force on 6th April 2026

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

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

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

Provisions of the 2025 Act coming into force on the day after the day on which these Regulations are made2.

(1)

The provisions of the 2025 Act specified in the following paragraphs come into force on the day after the day on which these Regulations are made.

(2)

In so far as conferring a duty to consult or a power to make regulations under Chapters 2 to 6, including Schedule A1, of Part 2A of the 1996 Act (zero hours workers, etc)12 or relating to the exercise of such a power to make regulations—

(a)

section 1 (right to guaranteed hours);

(b)

section 2 (shifts: rights to reasonable notice);

(c)

section 3 (right to payment for cancelled, moved and curtailed shifts);

(d)

section 4 and Schedule 1 (agency workers: guaranteed hours and rights relating to shifts);

(e)

section 5(1) and (2) (collective agreements: contracting out);

(f)

section 6(1) (amendments relating to sections 1 to 5).

(3)

Section 6(2) (amendments to sections 1 to 5), to the extent that it relates to the provisions of Schedule 2 to the 2025 Act listed in paragraph (36) of this regulation.

(4)

Section 7 (repeal of Workers (Predictable Terms and Conditions) Act 2023).

(5)

Section 8 (exclusivity terms in zero hours arrangements).

(6)

Section 9 (right to request flexible working), for the purposes of making regulations under Chapter 1 of Part 8A of the 1996 Act13 (flexible working).

(7)

Section 16 (paternity leave: removal of qualifying period of employment), for the purposes of making regulations under section 80A of the 1996 Act (entitlement to paternity leave: birth) or section 80B of that Act (entitlement to paternity leave: adoption).

(8)

Section 17(1) and (2) (ability to take paternity leave following shared parental leave), for the purposes of making regulations under section 80A or 80B of the 1996 Act.

(9)

In section 18 (bereavement leave)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraph (b);

(b)

subsections (2) to (4), (10) and (11), for the purposes of making regulations under section 47C, 80EA or 99 of the 1996 Act14.

(10)

In section 24 (contractual duties of confidentiality relating to harassment and discrimination)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraphs (b) and (c);

(b)

subsection (2), for the purposes of making regulations under section 202A of the 1996 Act15 (contractual duties of confidentiality relating to harassment and discrimination);

(c)

subsection (7).

(11)

Section 26 (dismissal during pregnancy).

(12)

In section 27 (dismissal following period of statutory family leave)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraphs (b) and (c);

(b)

subsections (2) to (5);

(c)

subsection (6), for the purposes of making regulations under section 80EF of the 1996 Act16 (neonatal care leave).

(13)

In section 28 (dismissal for failing to agree to variation of contract, etc)—

(a)

subsections (1) and (2), to the extent that they relate to the provisions specified in sub-paragraphs (b) and (c);

(b)

subsection (3), for the purposes of making regulations under sections 104I, 104J(5)(f) and 104K(6)(d) of the 1996 Act17;

(c)

subsection (6).

(14)

In section 29 (collective redundancy: extended application of requirements)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraph (b);

(b)

subsections (2) to (5), for the purposes of making regulations under section 195A of the 1992 Act18.

(15)

In section 30 (collective redundancy consultation: protected period)—

(a)

subsection (1), to the extent that it relates to subsection (3) of that section;

(b)

subsection (3).

(16)

In section 32 (public sector outsourcing: protection of workers)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraphs (b) and (c);

(b)

subsections (2), (3) and (5) to (7), for the purposes of making regulations or preparing and publishing a code of practice on relevant outsourcing contracts under Part 5A of the Procurement Act 2023 (outsourcing: protection of workers)19;

(c)

subsection (4).

(17)

Section 36 (extension of regulation of employment businesses), for the purposes of making regulations under the Employment Agencies Act 197320.

(18)

In section 58 (right to statement of trade union rights)—

(a)

subsection (1), to the extent that it relates to the provisions specified in sub-paragraphs (b) and (c);

(b)

subsection (2), for the purposes of making regulations under section 136A of the 1992 Act21 (right to statement of trade union rights);

(c)

subsection (5), for the purposes of making an order under section 286 of the 1992 Act (power to make further provision as to excluded classes of employment) to make provision in relation to the application of section 136A of that Act to prescribed classes of person or employment.

(19)

In section 59 (right of trade unions to access workplaces)—

(a)

subsection (1), to the extent that it relates to the provision specified in sub-paragraph (b);

(b)

subsection (2), for the purposes of making regulations under Chapter 5ZA of Part 1 of the 1992 Act22 (right of trade unions to access workplaces).

(20)

Section 60 (trade union recognition), to the extent that it relates to the provisions of Schedule 6 to the 2025 Act listed in paragraph (37) of this regulation.

(21)

Section 64 (facilities provided to trade union officials and learning representatives), for the purposes of ACAS—

(a)

issuing a Code of Practice under section 199 of the 1992 Act23 (issue of Codes of Practice by ACAS);

(b)

revising a Code of Practice under section 201 of that Act (consequential revision of Code issued by ACAS).

(22)

Section 65 (facilities for equality representatives), for the purposes of ACAS—

(a)

issuing a Code of Practice under section 199 of the 1992 Act;

(b)

revising a Code of Practice under section 201 of the 1992 Act.

(23)

In section 76 (protection against detriment for taking industrial action)—

(a)

subsection (1), to the extent that it relates to the provision specified in sub-paragraph (b);

(b)

subsection (2), for the purposes of making regulations under section 236A of the 1992 Act24 (detriment on grounds of industrial action).

(24)

Section 88 (regulations subject to affirmative resolution procedure).

(25)

In section 90 (enforcement of labour market legislation by Secretary of State)—-

(a)

subsection (1), for the purposes of making regulations under Part 2 of Schedule 7 to the 2025 Act (legislation subject to enforcement under Part 5: power to amend Part 1);

(b)

subsection (3), to the extent that it relates to the provisions specified in paragraphs (26), (32), (34) and (38) of this regulation.

(26)

Section 91 (enforcement functions of Secretary of State), to the extent that it relates to the provisions specified in paragraphs (25), (32), (34) and (38) of this regulation.

(27)

Section 103(1), (2) and (7) (power to give notice of underpayment), for the purposes of making regulations under section 104(2) of the 2025 Act (calculation of the required sum), or making directions under section 108(1) of that Act (further provision about penalties).

(28)

Section 104 (calculation of the required sum), for the purposes of making regulations under that section.

(29)

In section 108 (further provision about penalties), subsections (1) and (2).

(30)

In section 118 (recovery of costs of legal assistance)—

(a)

subsection (2), to the extent that it relates to the power to make regulations under subsection (5) of that section;

(b)

subsections (5) and (6);

(c)

subsection (7).

(31)

In section 135 (disclosure of information), subsections (6) and (7).

(32)

Section 143 (power to recover costs of enforcement).

(33)

In section 149 (consequential and transitional provision)—

(a)

subsection (1), to the extent that it relates to the provisions of Schedule 10 to the 2025 Act specified in paragraph (39) of this regulation;

(b)

subsection (2).

(34)

In section 151 (interpretation: general)—

(a)

the following definitions in subsection (1)—

(i)

“employee”,

(ii)

“employer”;

(iii)

“enactment”;

(iv)

“enforcement function”;

(v)

“enforcement officer”;

(vi)

“the relevant day”;

(vii)

“relevant labour market legislation”;

(viii)

“statutory pay provision”;

(ix)

“trade union”;

(x)

“underpaid individual”;

(xi)

“worker”;

(b)

subsections (2) and (5).

(35)

Section 153 (orders and regulations under the Employment Rights Act 1996: procedure).

(36)

In Schedule 2 (consequential amendments relating to sections 1 to 5)—

(a)

paragraphs 2 and 4 (amendment of section 16 of the Employment Tribunals Act 199625);

(b)

paragraph 6, to the extent that it relates to the provisions specified in sub-paragraphs (c) to (e) (amendment of the 1996 Act);

(c)

paragraph 27, for the purposes of making regulations under Part 2A of the 1996 Act (zero hours workers and similar));

(d)

paragraph 29, for the purposes of making regulations under Part 2A of, and Schedule A1 to, the 1996 Act;

(e)

paragraph 30 (amendment of section 236(3) of the 1996 Act (orders and regulations)).

(37)

In Schedule 6 (trade union recognition)—

(a)

paragraph 1, to the extent that it relates to the provisions specified in sub-paragraph (b);

(b)

paragraphs 9, 10, 40, 41, 47, 48, 59, 60, 62 and 63, for the purposes of issuing a Code of Practice regarding access and unfair practices during the recognition and derecognition processes26 by—

(i)

ACAS under section 199 of the 1992 Act, or

(ii)

the Secretary of State under section 203 of that Act (issue of Codes of Practice by the Secretary of State).

(38)

Part 2 of Schedule 7 (legislation subject to enforcement under Part 5: power to amend Part 1).

(39)

In Schedule 10 (consequential amendments relating to Part 5)—

(a)

paragraph 25, to the extent that it relates to the provisions specified in sub-paragraphs (b) and (c) (amendment of the Gangmasters (Licensing) Act 200427);

(b)

paragraph 30, for the purposes of making rules under section 8 of the Gangmasters (Licensing) Act 200428 (general power to make rules);

(c)

paragraphs 32 and 45(1) and (6), for the purposes of making regulations under section 10 of that Act (appeals);

(d)

paragraph 63, for the purposes of making regulations under section 114B of the Police and Criminal Evidence Act 198429 (application of Act to enforcement officers);

(e)

in paragraph 74—

(i)

sub-paragraph (1), to the extent that it relates to the provision specified in paragraph (ii);

(ii)

sub-paragraph (3), for the purposes of making regulations under section 26CA of the Police Reform Act 200230 (enforcement officers appointed under Employment Rights Act 2025).

(40)

Part 1 of Schedule 11 (abolition of existing enforcement authorities: transfer schemes).

12

Chapters 2 to 6 were inserted into Part 2A of the Employment Rights Act 1996 (“the 1996 Act”) by sections 1 to 5 of the Employment Rights Act 2025 (“the 2025 Act”). Schedule A1 was inserted into the 1996 Act by section 4(2) of, and Schedule 1 to, the 2025 Act. Part 2A was inserted into the 1996 Act by section 153(1) and (2) of the Small Business, Enterprise and Employment Act 2015 (c. 26).

13

Chapter 1 of Part 8A was inserted into the Employment Rights Act 1996 by section 47(1) and (2) of the Employment Act 2002. Relevant amendments to Chapter 1 were made by sections 12 and 15 of, and Schedule 2 to, the Work and Families Act 2006, sections 131 to 133 of the Children and Families Act 2014, section 1 of the Employment Relations (Flexible Working) Act 2023 (c. 33) and by section 9(1) to (5) of the Employment Rights Act 2025.

14

Section 47C was inserted into the Employment Rights Act 1996 (“the 1996 Act”) by paragraphs 5 and 8 of Part 3 of Schedule 4 to the Employment Relations Act 1999 (c. 26) and amended by paragraph 31(b) of Schedule 7 to the Children and Families Act 2014 and by paragraphs 20 and 22 of the Schedule to the Parental Bereavement (Leave and Pay Act) 2018 (c. 24) (“the 2018 Act”). Section 80EA was inserted into the 1996 Act by paragraphs 1 and 2 of the Schedule to the 2018 Act and amended by section 18(1) and (3) of the Employment Rights Act 2025 (“the 2025 Act”). Section 99(3) of the 1996 Act was amended by paragraphs 20 and 27 of the Schedule to the 2018 Act to insert sub-paragraph (cb) to include “parental bereavement leave”, which was amended by section 18(10) of the 2025 Act.

15

Section 202A was inserted into the Employment Rights Act 1996 by section 24(1) and (2) of the Employment Rights Act 2025.

16

Section 80EF was inserted into the Employment Rights Act 1996 by paragraphs 1 and 2 of the Schedule to the Neonatal Care (Leave and Pay) Act 2023 (c. 20).

17

Sections 104I to 104K were inserted into the Employment Rights Act 1996 by section 28(1) to (3) of the Employment Rights Act 2025.

18

Section 195A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 29(1) and (5) of the Employment Rights Act 2025.

19

Part 5A was inserted into the Procurement Act 2023 (c. 54) by section 32(1) and (2) of the Employment Rights Act 2025.

20

1973 c. 35. Section 5 of the Employment Agencies Act 1973 (“the 1973 Act”) was amended by paragraphs 1 and 2 of Schedule 7 to the Employment Relations Act 1999 (“the 1999 Act”) and by section 15 of the Employment Act 2008 (c. 24) (“the 2008 Act”). Section 6 of the 1973 Act was substituted by paragraphs 1 and 3 of Schedule 7 to the 1999 Act and amended by section 15 of the 2008 Act.

21

Section 136A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 58(1) and (2) of the Employment Rights Act 2025.

22

Chapter 5ZA was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 59(1) and (2) of the Employment Rights Act 2025.

23

Section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 was amended by section 43(1) and (7) of the Employment Act 2002.

24

Section 236A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 76(1) and (2) of the Employment Rights Act 2025.

26

Paragraph 1 and Parts 2 to 5 of Schedule 6 to the Employment Rights Act 2025 amend Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) (collective bargaining: recognition). Schedule A1 was inserted into the 1992 Act by the Employment Relations Act 1999, section 1(1) and (3) and Schedule 1.

28

Section 8 of the Gangmasters (Licensing) Act 2004 was amended by paragraph 18 of Schedule 3 to the Immigration Act 2016 (c. 19).

29

1984 c. 60. Section 114B was inserted into the Police and Criminal Evidence Act 1984 by section 12(1) of the Immigration Act 2016.

30

2002 c. 30. Section 26CA was inserted into the Police Reform Act 2002 by paragraph 74(1) and (3) of Schedule 10 to the Employment Rights Act 2025.