These Regulations amend the existing Employee Study and Training (Procedural Requirements) Regulations 2010 by increasing the statutory time limit for an employee to present a complaint to an Employment Tribunal regarding an employer’s failure, or threat to fail, to allow accompaniment during a meeting about study or training, extending this period from three months to six months, with the change applying only to failures occurring on or after October 1st, 2026.
Arguments For
The extension of the time limit from three to six months provides employees with significantly more time to mount a case against an employer who fails to uphold their right to be accompanied during study or training discussions.
Aligning the process with potential longer-term dispute resolution timelines may encourage clearer communication and more robust internal grievance procedures before escalation to a tribunal.
Rectifying procedural shortcomings in the prior 2010 Regulations ensures that employees are not unfairly prejudiced by short deadlines, thereby reinforcing the specific rights granted under the Employment Rights Act 1996.
Arguments Against
Lengthening the procedural window could create uncertainty for employers regarding contingent liabilities, potentially requiring them to retain records and institutional memory related to workplace meetings for a longer period.
Increasing the time limit might reduce the incentive for employees to raise concerns promptly, leading to historical claims being brought forward that might otherwise have been resolved informally in the immediate aftermath of the alleged failure.
The amendment introduces transitional complexity, requiring careful tracking of when alleged failures occurred to determine which time limit applies, potentially complicating initial legal assessments.
STATUTORY INSTRUMENTS
2026 No. 473
EMPLOYMENT TRIBUNALS
The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026
This identifies the document as a Statutory Instrument, which is a form of legislation made by a government minister under powers granted by an Act of Parliament.
The instrument number is 2026 No. 473, relating to Employment Tribunals.
Made - - - - 28th April 2026
Laid before Parliament 29th April 2026
Coming into force - - 1st October 2026
These dates specify when the Regulations were formally made (April 28th, 2026), when they were presented to Parliament (April 29th, 2026), and when they officially become law and take effect (October 1st, 2026).
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 63F(4), 63G(1)(d) and 236(5) of the Employment Rights Act 1996( 1 ).
The Secretary of State has enacted these rules using specific powers provided within the Employment Rights Act 1996.
These statutory powers, cited as sections 63F(4), 63G(1)(d), and 236(5), authorize the making of these procedural amendments.
Citation, commencement, extent and interpretation
- -(1) These Regulations may be cited as the Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026 and come into force on 1st October 2026.
- (2) These Regulations extend to England and Wales and Scotland.
- (3) In these Regulations, 'the 2010 Regulations' means the Employee Study and Training (Procedural Requirements) Regulations 2010( 2 ).
The first provision formally names the legal instrument and confirms its start date of October 1st, 2026.
It specifies that the rules apply across England, Wales, and Scotland.
It also defines 'the 2010 Regulations' as the principal legislation being modified.
Amendments to the Employee Study and Training (Procedural Requirements) Regulations 2010
- In regulation 17(2) of the 2010 Regulations (complaint to employment tribunal), in subparagraphs (a) and (b), for 'three' substitute 'six'.
This key amendment directly changes the existing 2010 Regulations concerning complaints made to an Employment Tribunal.
Stipulations within regulation 17(2), specifically subparagraphs (a) and (b), are altered so that the time limit for submitting a complaint is increased from 'three' months to 'six' months.
Transitional provision
- The amendments made by regulation 2 do not apply where the date of the failure, or threat to fail, to comply with regulation 16(2), (3), or (5) of the 2010 Regulations to which the complaint relates occurs before 1st October 2026.
This provision sets out how the rule change is implemented over time. The new six-month time limit established in Regulation 2 only applies to instances where an employer actually failed, or threatened to fail, their obligations under certain parts of the 2010 Regulations on or after October 1st, 2026.
( 1 ) 1996 c. 18; sections 63F and 63G were inserted by section 40 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).
( 2 ) S.I. 2010/155, amended by S.I. 2014/431.
These are footnotes referencing the legal origins of the powers used.
It notes that sections 63F and 63G of the Employment Rights Act 1996 were introduced by the Apprenticeships, Skills, Children and Learning Act 2009.
It also references the primary 2010 Regulations and a previous amendment made in 2014.
28th April 2026
Kate Dearden Parliamentary Under-Secretary of State Department for Business and Trade
This confirms the signatory and their position: Kate Dearden, serving as a Parliamentary Under-Secretary of State within the Department for Business and Trade, authorized the Regulations on April 28th, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155) ('the 2010 Regulations').
Regulation 2 amends the 2010 Regulations to extend the time limit, from three to six months, for presenting a complaint to an Employment Tribunal in relation to an employer's failure, or threat to fail, to comply with an employee's right to be accompanied at a meeting to discuss study or training.
Regulation 3 provides that the extension to the time limit only applies where the failure, or threat to fail, to comply occurs on or after 1st October 2026.
A full impact assessment, which outlines the effect that extending Employment Tribunal time limits will have on the costs to businesses, stakeholders, and households, is available as part of the impact assessments for the Employment Rights Act 2025 and related secondary legislation on www.gov.uk/ guidance/employment-rights-bill-impact-assessments and from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.
This non-binding note explains the intent of the instrument.
The Regulations modify the 2010 rules to increase the period allowed for an employee to take an employer to an Employment Tribunal regarding the right to have a companion present during training or study discussions, raising it from three to six months.
This change is effective only for failures occurring from October 1st, 2026, onwards.
It also directs readers to the published impact assessment detailing the costs associated with these time limit extensions for businesses and households.
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