Legislation – The Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026

These Regulations bring into force certain provisions of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”) on dates specified in these Regulations and detailed below. They are the second commencement regulations made under the 2025 Act. Certain provisions came into force on Royal Assent by virtue of section 159(1) of the 2025 Act and two months after Royal Assent by virtue of section 159(2) of the 2025 Act.

Regulation 2 brings into force on 1st April 2026 section 85 of the 2025 Act.

Regulation 3 brings into force on 6th April 2026 the provisions of the 2025 Act listed, to the extent specified.

Regulation 4 bring into force on 7th April 2026 the provisions of the 2025 Act listed, to the extent specified.

Regulation 5 makes transitional provision in relation to section 30 of the 2025 Act so that the amendment increasing the maximum period for calculating the protective award applies only to dismissals taking effect on or after 6th April 2026.

Regulation 6 makes transitional provision in relation to the provisions of Schedule 6 to the 2025 Act brought into force by these Regulations namely—

1. (a)

   sub-paragraphs (b), (e), (g), (h), (i) and (j) of paragraph (27) of regulation 3 commence on 6th April 2026 certain provisions of Schedule 6 to the 2025 Act, which amend Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), so that unions applying for recognition will no longer be required to show, at the time of application to the Central Arbitration Committee, that a majority of workers in the relevant bargaining unit would be likely to favour recognition of the union. Paragraphs (1), (4) and (6) of regulation 6 make transitional provision so that these amendments do not apply where the relevant application was received before 6th April 2026;

2. (b)

   sub-paragraph (c) of paragraph (27) of regulation 3 commences on 6th April 2026 certain provisions of Schedule 6 to the 2025 Act, which amend Schedule A1 to the 1992 Act, so that, in a ballot to approve recognition of a union, it is sufficient that a majority of those voting support recognition and it is no longer required that the majority comprises at least 40 per cent of the workers in the bargaining unit. Paragraph (2) of regulation 6 makes transitional provision so that these amendments do not apply where the Central Arbitration Committee informs the parties of the relevant ballot before 6th April 2026;

3. (c)

   sub-paragraphs (d) and (f) of paragraph (27) of regulation 3 commence on 6th April 2026 certain provisions of Schedule 6 to the 2025 Act, which amend Schedule A1 to the 1992 Act, so that a union’s application for recognition may be admitted by the Central Arbitration Committee notwithstanding previous recognition of another union, where that other union does not have a certificate of independence and certain other conditions are met. Paragraph (3) of regulation 6 makes transitional provision so that these amendments do not apply where the union making the application for recognition made its request for recognition to the employer before 6th April 2026.

Regulation 7 makes transitional provision in relation to the definitions of “worker” and “employer” in section 151 of the 2025 Act, for the purposes of Part 5 of that Act, until section 6(1) of the 2025 Act is fully brought into force.

Regulation 8 makes transitional and saving provision in relation to paragraph 74 of Schedule 10 to the 2025 Act, brought into force by these Regulations, by saving with modifications any regulations which are made under section 26D of the Police Reform Act 2002 until the coming into force of any regulations made under section 26CA of that Act.

Regulation 9 amends the Employment Rights Act 2025 (Commencement No.1 and Transitional and Saving provisions) Regulations 2026 (“No.1 Commencement Regulations”). The amendments made by regulation 9 correct two cross references—

1. (a)

   regulation 9(2) 9(2) removes the incorrect reference in regulation 2(10)(c) of the No.1 Commencement Regulations to section 24(7) of the 2025 Act (instead regulation 3(3) of these Regulations commence section 24(5) of the 2025 Act);

2. (b)

   regulation 9(3) removes the reference in regulation 2(13)(b) of the No.1 Commencement Regulations to section 104K(6)(d) of the 1996 Act (instead regulation 3(5) commences subsection 28(3) of the 2025 Act for the purposes of making regulations under section 104K(7)(d) of the Employment Rights Act 1996 (c. 18)).

The impact assessments completed for the Employment Rights Bill, introduced to Parliament on 10th October 2024, contain an assessment of the effect that the reforms to employment law and industrial relations law will have on the costs of business, the voluntary sector and the public sector. They are available at: https://bills.parliament.uk/bills/3737/publications. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.