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

Schedules

Regulation 5

Schedule 1 Transitional and saving provisions in relation to sections 16 and 17 of the 2025 Act

1.  The amendments made by sections 16 (paternity leave: removal of qualifying period of employment) and 17 (ability to take paternity leave following shared parental leave) of the 2025 Act have no effect in relation to children—

(a) in a case where an entitlement to paternity leave would arise from the birth of the child, born before 6th April 2026,

(b) placed for adoption before 6th April 2026,

(c) being adopted from overseas who enter Great Britain before 6th April 2026, or

(d) in a parental order case, born before 6th April 2026.

2.  Paragraph 1(a) of this Schedule does not apply where the child’s expected week of birth begins on or after 5th April 2026.

3.  Paragraphs 1 and 2 of this Schedule do not apply where the child’s primary carer dies on or after 6th April 2026.

4.  In this Schedule—

“adopter” means—

(a)

in relation to a child placed for adoption under the law of any part of the United Kingdom—

(i)

the person with whom the child has been or is expected to be placed for adoption, or

(ii)

in a case where the child has been or is expected to be placed for adoption with two people jointly, whichever of those two people has elected to be the child’s adopter, by agreement between those two people at the time they are matched with the child for adoption, for the purposes of regulations made under section 80B of the 1996 Act;

(b)

in relation to a child who is the subject of an adoption from overseas—

(i)

a person by whom the child has been or is to be adopted, or

(ii)

in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to be the child’s adopter, by agreement by those two people at the time when they receive official notification issued by or on behalf of the relevant domestic authority that the adopter is eligible to adopt, for the purposes of regulations made under section 80B of the 1996 Act;

“expected week” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the child will be born;

“parental order case” means a case where a person applies, or intends to apply during the period of 6 months from the day of a child’s birth, for an order under section 54 of the Human Fertilisation and Embryology Act 2008(1) in respect of the child;

“primary carer”, in relation to a child, means—

(a)

in a case where the mother of the child dies, the child’s mother;

(b)

in a case where a child is placed or expected to be placed for adoption under the law of any part of the United Kingdom or the child is being adopted from overseas, the child’s adopter;

(c)

in a parental order case—

(i)

the person—

(aa)

on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child, or

(bb)

who applies, or intends to apply, during the period of 6 months beginning with the day of the child’s birth, with another person for such an order in respect of the child, and expects the court to make that order, and

(ii)

who has elected to be the child’s primary carer, by agreement with the person with whom they applied, or intend to apply, for that order;

“relevant domestic authority” means—

(a)

in the case of an adopter to whom the Adoptions with a Foreign Element Regulations 2005(2) apply and who is habitually resident in Wales, the Welsh Ministers;

(b)

in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009(3) apply and who is habitually resident in Scotland, the Scottish Ministers;

(c)

in any other case, the Secretary of State.

5.  For the purposes of this Schedule, a person adopts a child from overseas if the person adopts a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom.

Regulation 6

Schedule 2 Transitional and saving provisions in relation to Part 4 of the 2025 Act

Interpretation

1.  In this Schedule—

“the Certification Officer” has the same meaning as in the 1992 Act (see section 254 of that Act);

“the commencement date” means 18th February 2026;

“employers’ association” has the same meaning as in the 1992 Act (see section 122 of that Act);

“trade union” has the same meaning as in the 1992 Act (see section 1 of that Act).

Section 62 of the 2025 Act (members who are not existing contributors)

2.—(1) Sub-paragraph (2) applies in relation to a member of a trade union that has a political fund on the commencement date, where the member is not an existing contributor and—

(a) the member became a member of that trade union at any time in the period beginning with 1st March 2018 and ending with the day before the commencement date, or

(b) the trade union did not have a political fund immediately before 1st March 2018.

(2) Where this sub-paragraph applies, for the purposes of section 84 of the 1992 Act(4) (as substituted by section 62 of the 2025 Act (requirement to contribute to political fund))—

(a) the member is to be treated as having given an opt-out notice in relation to the fund, and

(b) that notice is to be treated as having effect for the period beginning with the commencement date and ending with the date the member gives a withdrawal notice in relation to that notice.

(3) In this paragraph—

“existing contributor” means a member of a trade union who was, immediately before the commencement date, a contributor in relation to the political fund of the union within the meaning given by section 84(5) of the 1992 Act as it had effect before the commencement date;

“opt-out notice”, “effect” (in relation to an opt-out notice) and “withdrawal notice” have the same meaning as in section 84 of the 1992 Act as substituted by section 62(3) of the 2025 Act;

“political fund” has the same meaning as in the 1992 Act(5).

Section 62 of the 2025 Act: withdrawal notices under section 84 of the 1992 Act as it had effect before the commencement date

3.  A withdrawal notice within the meaning given by section 84(2) of the 1992 Act, as it had effect before the commencement date, received by a trade union before the end of the period of four weeks beginning with the commencement date is to be treated as if given and received under section 84 of the 1992 Act as it had effect before the commencement date.

Section 62 of the 2025 Act: failure to comply with section 84A of the 1992 Act as it had effect before the commencement date

4.—(1) Where the period of eight weeks referred to in section 84A(1) of the 1992 Act(6) expires before the commencement date, the Certification Officer may, after the commencement date, make an order under section 84A(5) of that Act in relation to a failure by a trade union to comply with a requirement imposed by that section, notwithstanding section 62 of the 2025 Act.

(2) In this paragraph, references to section 84A of the 1992 Act are to that section as it had effect before the commencement date.

Section 63 of the 2025 Act (deduction of trade union subscriptions from wages in public sector)

5.—(1) Section 63 of the 2025 Act (deduction of trade union subscriptions from wages in public sector) does not affect—

(a) any right or obligation relating to deductions from workers’ wages in respect of trade union subscriptions by a relevant public sector employer where that right or obligation arises in connection with anything done, or any omission made, before the commencement date,

(b) the enforcement of any such right or obligation, or

(c) the commencement or continuation of any legal proceedings in relation to any such right or obligation.

(2) The rights and obligations referred to in sub-paragraph (1) include rights and obligations arising under—

(a) section 116B of the 1992 Act(7) or regulations made under that section as they each had effect before the commencement date, and

(b) any agreement or arrangement in force before the commencement date.

(3) In this paragraph—

“relevant public sector employer” has the same meaning as in section 116B(3) of the 1992 Act as it had effect before the commencement date;

“worker” has the same meaning as in section 116B(10) of the 1992 Act as it had effect before the commencement date.

Section 66 of the 2025 Act (facility time: publication requirements and reserve powers)

6.—(1) Section 66(1)(a) of the 2025 Act (facility time: publication requirements) does not affect any requirement on a relevant public sector employer to publish information under section 172A of the 1992 Act(8) or regulations made under that section as they each had effect before the commencement date for a relevant period which ends before the commencement date.

(2) In this paragraph—

“relevant period” has the same meaning as in the Trade Union (Facility Time Publication Requirements) Regulations 2017(9) (see regulation 2 of those Regulations);

“relevant public sector employer” has the same meaning as in section 172A(2) of the 1992 Act, as it had effect before the commencement date.

Section 69 of the 2025 Act (industrial action ballots: support thresholds)

7.—(1) Section 69 of the 2025 Act (industrial action ballots: support thresholds) does not apply to a ballot opened before the commencement date.

(2) For the purposes of this paragraph, a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

Section 71 of the 2025 Act (industrial action ballots: information to be included in voting paper)

8.—(1) Section 71 of the 2025 Act (industrial action ballots: information to be included on voting paper) does not apply to a ballot opened before the commencement date.

(2) Section 71 of the 2025 Act does not apply to a ballot where, before the commencement date, the trade union had complied with section 226A of the 1992 Act(10) as it had effect before the commencement date, in respect of the sample voting paper (specified in subsection (2F) of that section) for that ballot.

(3) For the purposes of this paragraph, a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

Section 72 of the 2025 Act (period after which industrial action ballot ceases to be effective)

9.—(1) Section 72 of the 2025 Act (period after which industrial action ballot ceases to be effective) does not apply to any industrial action the ballot for which opened before the commencement date.

(2) For the purposes of this paragraph, a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

Section 74 of the 2025 Act (notice to employers of industrial action)

10.—(1) Section 74 of the 2025 Act (notice to employers of industrial action) does not apply to any industrial action in relation to which the employer receives a relevant notice before the commencement date.

(2) In this paragraph—

“employer” has the same meaning as in section 296(2) of the 1992 Act(11);

“relevant notice” has the same meaning as in section 234A(3) of the 1992 Act(12).

Section 77 of the 2025 Act (protection against dismissal for taking industrial action)

11.—(1) Section 77(2) and (5)(d) of the 2025 Act (protection against dismissal for taking industrial action) do not apply to a ballot opened before the commencement date.

(2) Section 77(2) and (5)(d) of the 2025 Act do not apply to a ballot where, before the commencement date, the trade union had complied with section 226A of the 1992 Act as it had effect before the commencement date in respect of the sample voting paper (specified in subsection (2F) of that section) for that ballot.

(3) Section 77(3), (4) and (5)(a) to (c) of the 2025 Act do not apply to protected industrial action taken by an employee where the employee starts to take the action before the commencement date.

(4) In this paragraph—

“employee” has the same meaning as in section 295(1) of the 1992 Act;

“protected industrial action” has the same meaning as in section 238A(1) of the 1992 Act(13).

Section 79 of the 2025 Act (annual returns: removal of provision about industrial action)

12.—(1) Section 79 of the 2025 Act (annual returns: removal of provision about industrial action) does not apply in relation to any requirement for a trade union to set out information in its annual return under section 32ZA of the 1992 Act(14), as it had effect before the commencement date, where the return period ends before the commencement date.

(2) In his paragraph, “return period” means a period for which a trade union is required to send a return to the Certification Officer under section 32 of the 1992 Act(15).

Section 80 of the 2025 Act (annual returns: removal of provision about political expenditure)

13.—(1) Section 80 of the 2025 Act (annual returns: removal of provision about political expenditure) does not apply in relation to any requirement—

(a) for a trade union to give information in its annual return under section 32ZB of the 1992 Act(16), as it had effect before the commencement date, where the return period ends before the commencement date, or

(b) for an employers’ association to give information in its annual return under section 32ZB of the 1992 Act as it had effect before the commencement date, as applied by section 131(1) of that Act(17) as it had effect before the commencement date, where the return period ends before the commencement date.

(2) Section 80(3) of the 2025 Act does not affect the powers of the Certification Officer under section 32ZC of the 1992 Act(18), as it had effect before the commencement date, in respect of a failure by a trade union to comply with a requirement referred to in sub-paragraph (1)(a).

(3) In this paragraph, “return period” means—

(a) in relation to a trade union’s annual return, the period for which the trade union is required to send that return to the Certification Officer under section 32 of the 1992 Act, or

(b) in relation to an employers’ association’s annual return, the period for which the employers’ association is required to send that return to the Certification Officer under section 32 of the 1992 Act, as applied by section 131(1) of that Act.

Section 81 of the 2025 Act (removal of powers to enforce requirements relating to annual returns)

14.—(1) Section 81 of the 2025 Act (removal of powers to enforce requirements relating to annual returns) does not affect the powers of the Certification Officer under section 32ZC of the 1992 Act, as it had effect before the commencement date, in respect of a failure by a trade union to comply with a requirement referred to in paragraph 12 or in paragraph 13 of this Schedule.

(2) Section 81 of the 2025 Act does not affect any appeal by a trade union to which sub-paragraph (1) applies under section 45D of the 1992 Act(19) as it had effect before the commencement date.

Section 82 of the 2025 Act (removal of investigatory powers)

15.—(1) Section 82 of the 2025 Act (removal of investigatory powers) does not affect an investigation which the Certification Officer commences or proposes to commence before the commencement date.

(2) Section 82(3) of the 2025 Act does not affect the right of a trade union or other person to appeal under section 45D of the 1992 Act, as it had effect before the commencement date, against an order made by the Certification Officer under paragraph 5 of Schedule A3 to the 1992 Act(20), as it had effect before the commencement date.

(3) For the purposes of sub-paragraph (1), the Certification Officer commences or proposes to commence an investigation if, in relation to a specified breach or possible breach of any of the relevant obligations, and whether or not following an application to the Officer by another person—

(a) the Officer makes written enquiry of a trade union or employers’ association, or

(b) the Officer otherwise gives written notification to a trade union or employers’ association of the investigation or proposed investigation.

(4) In this paragraph—

“relevant obligations” has the same meaning as in Schedule A3 to the 1992 Act (see paragraph 1 of that Schedule), as it had effect before the commencement date;

“specified” means specified by the Officer in the enquiry or notification referred to in sub-paragraph (3).

Section 83 of the 2025 Act (powers to be exercised only on application)

16.—(1) Section 83 of the 2025 Act (powers to be exercised only on application) does not affect any exercise of powers by the Certification Officer in relation to a specified failure or breach by a trade union in relation to which, before the commencement date, and whether or not following an application to the Officer by another person, the Officer—

(a) makes written enquiry of a trade union, or

(b) otherwise gives written notification to a trade union that the Officer is considering exercising their powers in relation to that failure or breach or possible failure or breach.

(2) In this paragraph, “specified” means specified by the Officer (whether as a failure or breach or possible failure or breach) in the enquiry or notification referred to in sub-paragraph (1).

Section 84 of the 2025 Act (removal of power to impose financial penalties)

17.—(1) Section 84 of the 2025 Act (removal of power to impose financial penalties) does not affect the operation of section 256D of, and Schedule A4 to, the 1992 Act(21) as they had effect before the commencement date in relation to a person in default concerning a specified default under a relevant provision in relation to which, before the commencement date, and whether or not following an application to the Certification Officer by another person, the Officer—

(a) makes written enquiry of a trade union or other person, or

(b) otherwise gives written notification to a trade union or other person that the Officer is considering exercising their powers in relation to a failure or breach or threatened breach or possible failure or breach or threatened breach of a relevant provision.

(2) In this paragraph—

“person in default” has the same meaning as Schedule A4 to the 1992 Act (see paragraph 1(2) of that Schedule), as it had effect before the commencement date;

“relevant provision” means a provision listed in paragraph 1(1) of Schedule A4 to the 1992 Act, as it had effect before the commencement date;

“specified” means specified by the Officer (whether as a failure or breach or threatened breach or possible failure or breach or threatened breach) in the enquiry or notification referred to in sub-paragraph (1).

Section 86 of the 2025 Act (appeals to the Employment Appeal Tribunal)

18.—(1) Section 86 of the 2025 Act (appeals to the Employment Appeal Tribunal) does not apply to an appeal on any question arising in proceedings before, or arising from any decision of, the Certification Officer that relates to conduct which occurs before the commencement date.

(2) In this paragraph, “conduct” means the act or omission of a trade union or an employers’ association which gives rise to the proceedings before, or the decision of, the Certification Officer.

(1)

2008 c. 22. Section 54 has been amended on a number of occasions but none of those amendments are relevant to these Regulations.

(2)

S.I. 2005/392, amended by S.I. 2005/3482, 2009/2563, 2010/1172, 2012/1410, 2013/235, 2014/2103, 2020/163, 2022/634 and 2023/1071.

(3)

S.S.I. 2009/182, amended by S.S.I. 2010/173, 2010/421 and 2011/159.

(4)

Section 84 of the Trade Union and Labour Relations (Consolidation) Act 1992 was substituted by section 11(1) of the Trade Union Act 2016 (c. 15).

(5)

See section 82(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992.

(6)

Section 84A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 11(2) of the Trade Union Act 2016.

(7)

Section 116B was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 15(1) of the Trade Union Act 2016 and amended by section 1(2) of the Trade Union (Wales) Act 2017 (anaw 4).

(8)

Section 172A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 13 of the Trade Union Act 2016 and amended by section 1(3) of the Trade Union (Wales) Act 2017.

(9)

S.I. 2017/328; there are amending instruments but none is relevant.

(10)

Section 226A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 18(2) of the Trade Union Reform and Employment Rights Act 1993 (c. 19). Section 226A was amended by section 22(2) to (6) of the Employment Relations Act 2004 (c. 24).

(11)

Section 296 of the Trade Union and Labour Relations (Consolidation) Act 1992 was amended by paragraph 88 of Schedule 8 to the Trade Union Reform and Employment Rights Act 1993, paragraph 21 of Schedule 1 to the Employment Relations Act 2004 and section 15(2) of the Trade Union Act 2016.

(12)

Section 234A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 21 of the Trade Union Reform and Employment Rights Act 1993. Section 234A was amended by the Employment Relations Act 1999, sections 4 and 11, paragraph 1 and 11 of Schedule 3 and paragraph 1 of Schedule 9; the Employment Relations Act 2004, section 25 and Schedule 2; the Trade Union Act 2016, section 8; and the Strikes (Minimum Service Levels) Act 2023 (c. 39), paragraph 5 of Schedule 1.

(13)

Section 238A was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by paragraph 3 of Schedule 5 to the Employment Relations Act 1999.

(14)

Section 32ZA was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 7(1) of the Trade Union Act 2016.

(15)

Section 32 of the Trade Union and Labour Relations (Consolidation) Act 1992 was amended by section 8 of, and paragraph 42 of Schedule 8 and Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993.

(16)

Section 32ZB was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 12(1) of the Trade Union Act 2016.

(17)

Section 131 of the Trade Union and Labour Relations (Consolidation) Act 1992 was amended by paragraph 64 of Schedule 8 to the Trade Union Reform and Employment Rights Act 1993 and by section 12(2) of the Trade Union Act 2016.

(18)

Section 32ZC was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by section 18(1) of the Trade Union Act 2016.

(19)

Section 45D was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) by paragraph 8 of Schedule 6 to the Employment Relations Act 1999. Section 45D of the 1992 Act was amended by section 43(6) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4) and by the Trade Union Act 2016, sections 18(4) and 21(a) and paragraphs 3(a) and (b) of Schedule 4.

(20)

Schedule A3 was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by Schedule 1 to the Trade Union Act 2016.

(21)

Section 256D was inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) by section 19(1) of the Trade Union Act 2016. Schedule A4 was inserted into the 1992 Act by Schedule 3 to the Trade Union Act 2016.