The Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026

• Citation: S.I. 2026/323
• Sections: 9

Section 1 Citation and interpretation

(1) These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026.

(2) In these Regulations—

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

“ the 1996 Act ” means the Employment Rights Act 1996 ;

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

Section 2 Provisions of the 2025 Act coming into force on 1st April 2026

Section 85 (removal of power to impose levy) of the 2025 Act comes into force on 1st April 2026.

Section 3 Provisions of the 2025 Act coming into force on 6th April 2026

(1) The provisions of the 2025 Act specified in the following paragraphs of this regulation come into force on 6th April 2026, subject to the transitional provisions in regulations 5 and 6.

(2) Section 23 (protection of disclosures relating to sexual harassment).

(3) In section 24 (contractual duties of confidentiality relating to harassment and discrimination)—

(a) subsection (1), to the extent that it relates to subsection (5) of that section;

(b) subsection (5).

(4) Section 27 (dismissal following period of statutory family leave), in so far as not already in force.

(5) In section 28 (dismissal for failing to agree to variation of a contract, etc)—

(a) subsections (1) and (2), to the extent they relate to the provision specified in sub- paragraph (b);

(b) subsection (3), for the purposes of making regulations under section 104K(7)(d) of the 1996 Act .

(6) Section 30 (collective redundancy consultation: protected period), in so far as not already in force.

(7) Section 33 (equality action plans).

(8) Section 35 (duty to keep records relating to annual leave).

(9) Section 39 (power to establish social care negotiating body).

(10) Section 40 (membership, procedure, etc of negotiating body).

(11) Section 41 (matters within negotiating body’s remit).

(12) Section 42 (meaning of “ social care worker ”).

(13) Section 43 (consideration of matters by negotiating body).

(14) Section 44 (reconsideration by negotiating body).

(15) Section 45 (failure to reach an agreement).

(16) Section 46 (power to ratify agreements).

(17) Section 47 (effect of regulations ratifying agreement).

(18) Section 48 (power of appropriate authority to deal with matters).

(19) Section 49 (guidance and codes of practice).

(20) Section 50 (duty of employers to keep records).

(21) Section 51 (agency workers who are not otherwise “workers”).

(22) Section 52 (regulations under section 46 or 48: supplementary).

(23) Section 53 (regulations under this chapter).

(24) Section 54 (status of agreements, etc).

(25) Section 55 (interpretation of this chapter).

(26) Section 60 (trade union recognition), to the extent that it relates to the provisions of Schedule 6 to the 2025 Act specified in paragraph (27) of this regulation.

(27) In Schedule 6 (trade union recognition)—

(a) paragraph 1, to the extent it relates to the provisions specified in sub-paragraphs (b) to (j);

(b) in paragraph 5—

(i) sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);

(ii) sub-paragraphs (3), (4), (6) and (7);

(c) in paragraph 19—

(i) sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);

(ii) sub-paragraphs (3) and (4);

(d) in paragraph 20—

(i) sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);

(ii) sub-paragraph (3);

(e) paragraph 21, to the extent it substitutes a new sub-paragraph (1) in paragraph 36 of Schedule A1 to the 1992 Act;

(f) in paragraph 27—

(i) sub-paragraph (1), to the extent it relates to the provisions specified in paragraph (ii);

(ii) sub-paragraph (3);

(g) paragraph 28, to the extent it substitutes a new sub-paragraph (1) in paragraph 45 of Schedule A1 to the 1992 Act;

(h) paragraph 34;

(i) paragraphs 42 to 44;

(j) paragraph 65.

Section 4 Provisions of the 2025 Act coming into force on 7th April 2026

(1) The provisions of Part 5 of the 2025 Act (enforcement of labour market legislation) specified in the following paragraphs of this regulation come into force on 7th April 2026, subject to the transitional provisions in regulation 7.

(2) In this regulation—

“ specified labour market legislation ” means the labour market legislation listed in paragraphs 1, 2, 13 to 20, 22 to 30, 33 and 34 of Part 1 of Schedule 7 to the 2025 Act.

(3) In so far as not already in force and relates to the specified labour market legislation—

(a) section 90 (enforcement of labour market legislation by Secretary of State);

(b) section 91 (enforcement functions of Secretary of State).

(4) Section 92 (delegation of functions), except paragraph (b) of subsection (2).

(5) Section 93 (advisory board).

(6) In so far as relating to the specified labour market legislation—

(a) section 94 (labour market enforcement strategy);

(b) section 95 (annual reports);

(c) section 96 (power to obtain documents or information);

(d) section 97 (power to enter premises in order to obtain documents, etc);

(e) section 98 (power to enter dwelling subject to warrant).

(7) Section 99 (supplementary powers in relation to documents).

(8) Section 100 (retention of documents).

(9) Section 101 (powers of enforcement officers under Police and Criminal Evidence Act 1984).

(10) Section 102 (offences relating to gangmasters: power to enter premises with warrant).

(11) In so far as not already in force and relates to the specified labour market legislation—

(a) section 103 (power to give notice of underpayment);

(b) section 104 (calculation of the required sum).

(12) In so far as relating to the specified labour market legislation—

(a) section 105 (period to which notice of underpayment may relate);

(b) section 106 (notices of underpayment: further provision);

(c) section 107 (penalties for underpayment).

(13) Section 108 (further provision about penalties), in so far as not already in force and relates to the specified labour market legislation.

(14) Section 109 (suspension of penalty where criminal proceedings have been brought, etc), in so far as relating to the specified labour market legislation.

(15) Section 110 (appeals against notices of underpayment).

(16) Section 111 (withdrawal of notice of underpayment).

(17) Section 112 (replacement notice of underpayment).

(18) Section 113 (effect of replacement notice of underpayment).

(19) Section 114 (enforcement of requirement to pay sums due to individuals).

(20) Section 115 (enforcement of requirement to pay penalty).

(21) In so far as relating to the specified labour market legislation—

(a) section 119 (power to request LME undertaking);

(b) section 120 (measures in LME undertakings).

(22) Section 121 (duration of LME undertakings).

(23) Section 122 (means of giving notice under section 119).

(24) Section 123 (power to make LME order on application), in so far as relating to the specified labour market legislation.

(25) Section 124 (applications for LME orders).

(26) Section 125 (power to make LME order on conviction), in so far as relating to the specified labour market legislation.

(27) Section 126 (measures in LME orders).

(28) Section 127 (further provision about LME orders).

(29) Section 128 (variation and discharge of LME orders).

(30) Section 129 (LME orders: appeals).

(31) Section 130 (evidence of authority).

(32) Section 131 (warrants).

(33) Section 132 (items subject to legal privilege).

(34) Section 133 (privilege against self-incrimination).

(35) Section 134 (information relating to the intelligence services, etc).

(36) Section 135 (disclosure of information), in so far as not already in force and except in so far as it relates to a civil proceedings function .

(37) Section 136 (disclosure of information: supplementary provision).

(38) Section 137 (restriction on disclosure of HMRC information).

(39) Section 138 (restriction on disclosure of intelligence service information).

(40) Section 139 (offence of failing to comply with LME order).

(41) Section 140 (offence of providing false information or documents).

(42) Section 141 (providing false information or documents: national security etc defence).

(43) Section 142 (offence of obstruction), in so far as relating to the specified labour market legislation.

(44) Section 144 (offences by bodies corporate).

(45) Section 145 (application of this part to partnerships).

(46) Section 146 (application of this part to unincorporated associations).

(47) Section 147 (application of this part to the Crown and parliament).

(48) Section 148 (abolition of existing enforcement authorities).

(49) In section 149 (consequential and transitional provision)—

(a) subsection (1), in so far as not already in force in relation to the provisions of Schedule 10 specified in paragraph (55) of this regulation;

(b) subsection (3), in so far as not already in force.

(50) Section 150 (meaning of “ non-compliance with relevant labour market legislation ”)—

(a) subsection (1), in so far as relating to the specified labour market legislation;

(b) subsection (2).

(51) Section 151 (interpretation: general), in so far as not already in force, except that the definition of “labour market offence” is to be commenced only in so far as it relates to the specified labour market legislation.

(52) In Part 1 of Schedule 7 (legislation subject to enforcement under Part 5), paragraphs 1, 2, 13 to 20, 22 to 30, 33 and 34.

(53) Schedule 8 (warrants under Part 5: further provision).

(54) Schedule 9 (persons to whom information may be disclosed under section 135), except in so far as it relates to a civil proceedings function.

(55) In Schedule 10 (consequential amendments relating to part 5), in so far as not already in force—

(a) paragraphs 1 to 62;

(b) paragraph 63, in so far as it relates to the specified labour market legislation;

(c) paragraphs 64 to 73;

(d) paragraph 74, subject to the transitional and saving provisions in regulation 8;

(e) paragraphs 75 to 93.

(56) Part 2 of Schedule 11 (transitional and saving provision relating to part 5).

Section 5 Transitional and saving provisions in relation to section 30 of the 2025 Act

Section 30 of the 2025 Act does not apply in relation to dismissals taking effect before 6th April 2026.

Section 6 Transitional and saving provisions in relation to Schedule 6 of the 2025 Act

(1) The provisions of Schedule 6 to the 2025 Act specified in the following sub-paragraphs do not apply in cases where an application under paragraph 11 or 12 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 6th April 2026—

(a) sub-paragraphs (1), (3), (4), (6) and (7) of paragraph 5, paragraph 21 and paragraph 28;

(b) paragraph 65, to the extent it inserts a definition of “ the required percentage ” for the purposes of the provisions amended by the provisions specified in sub-paragraph (a) above.

(2) Sub-paragraphs (1), (3) and (4) of paragraph 19 of Schedule 6 to the 2025 Act do not apply in cases where the Central Arbitration Committee has informed the parties in accordance with paragraph 25(9) of Schedule A1 to the 1992 Act before 6th April 2026.

(3) Sub-paragraphs (1) and (3) of paragraph 20 and sub-paragraphs (1) and (3) of paragraph 27 of Schedule 6 to the 2025 Act do not apply in cases where the union making the application under paragraph 11 or 12 of Schedule A1 to the 1992 Act made its request for recognition to the employer in accordance with paragraph 4 of Schedule A1 to the 1992 Act before 6th April 2026.

(4) The provisions of Schedule 6 to the 2025 Act specified in the following sub-paragraphs do not apply in cases where an original application was received by the Central Arbitration Committee before 6th April 2026—

(a) paragraph 34;

(b) paragraph 65, to the extent it inserts a definition of “ the required percentage ” for the purposes of the provision amended by the provision specified in sub-paragraph (a) above.

(5) In paragraph (4), “ original application ” has the meaning given in paragraph 51(1) of Schedule A1 to the 1992 Act.

(6) The provisions of Schedule 6 to the 2025 Act specified in the following sub-paragraphs do not apply where an application under paragraph 66 or 75 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 6th April 2026—

(a) paragraphs 42, 43 and 44;

(b) paragraph 65, to the extent it inserts a definition of “ the required percentage ” for the purposes of the provisions amended by the provisions specified in sub-paragraph (a) above.

Section 7 Transitional provisions in relation to Part 5 of the 2025 Act

(1) This regulation applies before section 6(1) of the 2025 Act comes fully into force.

(2) Where this paragraph applies—

(a) section 151(2)(e) of the 2025 Act is to be read as if for paragraph (ii) (but not the “or” after it) there were substituted—

(ii) an employer in relation to a zero hours arrangement within the meaning of Part 2A of that Act, as that Part has effect before or would have effect after section 6(1) comes fully into force (see section 27B(4) and section 27BZ2(1) of that Act),

(b) section 151(5)(d) of the 2025 Act is to be read as if for paragraph (ii) (but not the “or” after it) there were substituted—

(ii) works under a zero hours arrangement within the meaning of Part 2A of that Act, as that Part has effect before or would have effect after section 6(1) comes fully into force (see section 27B(4) and section 27BZ2(1) of that Act),

Section 8 Transitional and saving provisions in relation to amendments to the Police Reform Act 2002

(1) This regulation applies during the period from 7th April 2026 until the coming into force of any regulations made under section 26CA of the 2002 Act (enforcement officers appointed under the Employment Rights Act 2025).

(2) Despite the amendments made by paragraph 74 of Schedule 10 to the 2025 Act, where this regulation applies—

(a) any regulations under section 26D of the 2002 Act (labour abuse prevention officers) are to continue in force with the following modifications—

(i) references to “the Authority” and to “the Chief Executive” are to be read as references to “the Secretary of State”;

(ii) references to “labour abuse prevention officer” or to “LAPO” are to be read as references to an “enforcement officer appointed under section 90 of the Employment Rights Act 2025”;

(iii) regulation 4 (application: general) of the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017 is to be read as follows—

These Regulations apply in relation to enforcement officers appointed under section 90 of the Employment Rights Act 2025 acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984, and confer functions on the Director General accordingly.

(b) section 10(3) of the 2002 Act (general functions of Director General of Independent Office for Police Conduct) is to be read as including a reference to any regulations under section 26D of the 2002 Act, including as they continue in force in accordance with this regulation.

(3) Where this regulation applies, the amendments made by paragraph 74 of Schedule 10 to the 2025 Act and the modifications made by paragraph (2) do not affect anything which, immediately before 7th April 2026, is in the process of being done by, or in relation to, a labour abuse prevention officer under any regulations under section 26D of the 2002 Act and any such thing which is in the process of being done may be continued, on and after that date, by, or in relation to, that officer.

(4) Where this regulation applies, the amendments made by paragraph 74 of Schedule 10 to the 2025 Act and the modifications made by paragraph (2) do not affect anything (including legal proceedings) which, immediately before 7th April 2026, is in the process of being done by, or in relation to, the Chief Executive under any regulations under section 26D of the 2002 Act and any such thing may be continued, on and after that date, by, or in relation to, the Secretary of State.

(5) In this regulation—

(a) “ the 2002 Act ” means the Police Reform Act 2002 ;

(b) the following terms have the same meaning as in the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017 , as those Regulations had effect before 7th April 2026—

(i) “the Authority” ;

(ii) “the Chief Executive”;

(iii) “labour abuse prevention officer” or “LAPO”.

Section 9 Amendments to the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026

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

(2) In regulation 2, omit paragraph (10)(c).

(3) In regulation 2(13)(b)—

(a) after “sections 104I” substitute “and” for “,”;

(b) omit “and 104K(6)(d)”.