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

Citation and interpretation

1.—(1) These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026.

(2) In these Regulations—

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992(1);

“the 1996 Act” means the Employment Rights Act 1996(2);

“the 2025 Act” means the Employment Rights Act 2025;

“ACAS” means the Advisory, Conciliation and Arbitration Service(3);

“parental leave” means leave under section 76 of the 1996 Act (entitlement to parental leave);

“paternity leave” means leave under section 80A of the 1996 Act (entitlement to paternity leave: birth) or section 80B of that Act (entitlement to paternity leave: adoption)(4);

“placed for adoption” means placed—

(a)

for adoption under the Adoption and Children Act 2002(5) or the Adoption and Children (Scotland) Act 2007(6), or

(b)

with a local authority foster parent who has been approved as a prospective adopter under—

(i)

section 22C of the Children Act 1989(7) (ways in which looked after children are to be accommodated and maintained) by a local authority in England, or

(ii)

section 81 of the Social Services and Well-being (Wales) Act 2014(8) (ways in which looked after children are to be accommodated and maintained) by a local authority in Wales;

“prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005(9) or regulation 30B(4) of the Adoption Agencies (Wales) Regulations 2005(10).

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

2.—(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)(11) 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 Act(12) (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 Act(13).

(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 Act(14) (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 Act(15) (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 Act(16);

(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 Act(17).

(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)(18);

(c) subsection (4).

(17) Section 36 (extension of regulation of employment businesses), for the purposes of making regulations under the Employment Agencies Act 1973(19).

(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 Act(20) (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 Act(21) (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 Act(22) (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 Act(23) (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 1996(24));

(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 processes(25) 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 2004(26));

(b) paragraph 30, for the purposes of making rules under section 8 of the Gangmasters (Licensing) Act 2004(27) (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 1984(28) (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 2002(29) (enforcement officers appointed under Employment Rights Act 2025).

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

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

3.—(1) The provisions of the 2025 Act specified in the following paragraphs come into force on 18th February 2026, subject to the transitional and saving provisions in Schedules 1 and 2.

(2) Section 15 (parental leave: removal of qualifying period of employment), to the extent necessary for the giving of any notices and evidence under Schedule 2 to the Maternity and Parental Leave etc. Regulations 1999(30) by or to an employee who, as a result of section 15 of the 2025 Act coming fully into force in accordance with regulation 4(2), becomes entitled to take parental leave on or after 6th April 2026.

(3) Section 16 (paternity leave: removal of qualifying period of employment)—

(a) in relation to cases where a child’s mother dies or where a person with whom a child is placed or expected to be placed for adoption dies(31);

(b) to the extent necessary for the giving of any notices and evidence under regulations made under section 80A or 80B of the 1996 Act by or to an employee who, as a result of section 16 of the 2025 Act coming fully into force in accordance with regulation 4(3), becomes entitled to take paternity leave on or after 6th April 2026.

(4) Section 17 (ability to take paternity leave following shared parental leave), in relation to cases where a child’s mother dies or where a person with whom a child is placed or expected to be placed for adoption dies(32).

(5) Section 31 (collective redundancy notifications: ships’ crew).

(6) Section 57 (international agreements relating to maritime employment).

(7) Section 76 (protection against detriment for taking industrial action).

(8) Section 77 (protection against dismissal for taking industrial action).

(9) Section 79 (annual returns: removal of provision about industrial action).

(10) Section 81 (removal of powers to enforce requirements relating to annual returns).

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

4.—(1) The provisions of the 2025 Act specified in the following paragraphs come into force on 6th April 2026 in so far as they are not already in force, subject to the transitional and saving provisions in Schedule 1.

(2) Section 15.

(3) Section 16.

(4) Section 17.

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

5.  Schedule 1 (transitional and saving provisions in relation to sections 16 and 17 of the 2025 Act) has effect in relation to the coming into force of sections 16 and 17 of the 2025 Act.

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

6.  Schedule 2 (transitional and saving provisions in relation to Part 4 of the 2025 Act) (trade unions and industrial action, etc) has effect in relation to the coming into force of sections 62, 63, 66, 69, 71, 72, 74, 77, 79 to 84 and 86 of the 2025 Act(33).

Kate Dearden

Parliamentary Under-Secretary of State

Department for Business and Trade

5th January 2026