The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026

Citation

1 These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026.

Interpretation

• 2 In these Regulations-

'the 1992 Act ' means the Trade Union and Labour Relations (Consolidation) Act 1992; 'the 2025 Act' means the Employment Rights Act 2025.

Provisions of the 2025 Act coming into force on 30th October 2026

• 3 The following provisions of the 2025 Act come into force on 30th October 2026-
• (a) section 20 (employers to take all reasonable steps to prevent sexual harassment);
• (b) section 21 (harassment by third parties);
• (c) section 22 (sexual harassment: power to make provision about 'reasonable steps');
• (d) section 56 and Schedule 5 (seafarers' wages and working conditions);
• (e) section 59 (right of trade unions to access workplaces), so far as not already in force;
• (f) section 60 and Schedule 6 (trade union recognition), so far as not already in force, subject to the transitional provisions in regulation 4 and the savings provisions in regulations 5 and 6;
• (g) section 64 (facilities provided to trade union officials and learning representatives), so far as not already in force, subject to the transitional provisions in regulation 7;
• (h) section 65 (facilities for equality representatives), so far as not already in force, subject to the transitional provisions in regulation 8.

Transitional provisions in relation to Schedule 6 to the 2025 Act

4. -(1) Paragraphs 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 66(2)(a), 66(2)(b), 66(3), 66(5)(a), 66(5)(b), 66(5)(c) and 66(5)(d) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 11 or 12 of Schedule A1 to the 1992 Act (application in the event that employer rejects request for recognition or negotiations fail) was received by the Central Arbitration Committee before 30th October 2026. [Subsections (2) through (12) apply similar restrictions for various other specific applications regarding collective bargaining, bargaining units, and derecognition received before 30th October 2026].

Saving provisions in relation to paragraph 33 of Schedule 6 to the 2025 Act

5. -(1) This regulation applies after paragraph 33 of Schedule 6 to the 2025 Act comes into force. (2) Where paragraph 33 applies to an application concerning a declaration that was issued by the Central Arbitration Committee before 30th October 2026, then paragraph 49(1) of Schedule A1 to the 1992 Act is to be read as though the references to paragraphs 116E(5) and 116K(5) of Schedule A1 included references to paragraphs 119D(4) and 119H(5) of Schedule A1 as they stood prior to 30th October 2026.

Saving provisions in relation to paragraphs 56 and 57 of Schedule 6 to the 2025 Act

6. -(1) This regulation applies after paragraphs 56 and 57 of Schedule 6 to the 2025 Act come into force. (2) Where paragraph 56 applies in relation to an application for derecognition made on or after 30th October 2026 and there was a declaration by the Central Arbitration Committee under paragraph 27D(3) of Schedule A1 to the 1992 Act, then paragraph 122 of Schedule A1 is to be read as though reference to a declaration under paragraph 19P(4) of Schedule A1 included reference to a declaration under paragraph 27D(3) of Schedule A1 as it stood prior to 30th October 2026. [Subsection (3) makes a similar provision for paragraph 123].

Transitional provisions in relation to section 64 of the 2025 Act

7 The amendments made by section 64 of the 2025 Act do not apply to any employment tribunal claim brought under section 168(4)(a) or section 168A(9)(a) of the 1992 Act (time off for carrying out trade union duties or for union learning representatives) in respect of an employer's failure to permit an employee to take time off, where the date of the failure occurs before 30th October 2026.

Transitional provisions in relation to section 65 of the 2025 Act

8 For the purposes of section 168B of the 1992 Act (time off for union equality representatives), the requirements of subsection (3) of that section (notice to employer and training condition) are treated as satisfied in relation to an employee if- (a) immediately before 30th October 2026, the employee has the function of carrying out any or all of the activities mentioned in section 168B(2) in relation to qualifying members of the trade union and has had that function for a continuous period of six months or more, and (b) the employee acquired that function by reason of being appointed or elected, in accordance with the rules of the trade union, to carry it out.