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

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(1) 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(2);

(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(3).

(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).

(1)

S.I. 1999/3312. Schedule 2 to S.I. 1999/3312 was amended by S.I. 2001/4010 and 2014/3221. There are other amending instruments but none is relevant.

(2)

See sections 80A(6A) and 80B(6C) of the Employment Rights Act 1996.

(3)

See sections 80A(6A) and 80B(6C) of the Employment Rights Act 1996.