Introductory text

Draft Regulations laid before Parliament under section 236(3) of the Employment Rights Act 1996 (c. 18), for approval by resolution of each House of Parliament.

TERMS AND CONDITIONS OF EMPLOYMENT

Made ***

Coming into force 6th April 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 47C (1), (2) (ca) and (4), 80A (1) to (5) and (6A), 80B (1) to (4), (5), (6A) and (6C), 80C (1), (3), (6) and (7), 80D, 80E and 99 of the Employment Rights Act 1996^f1.

In accordance with section 236 (3) of the Employment Rights Act 1996^f2, a draft of the instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations

Footnotes

f1: 1996 c. 18. Section 47C was inserted by paragraph 8 of Part III of Schedule 4 to the Employment Relations Act 1999 (c. 26) (“the 1999 Act”) and amended by paragraph 30 of Schedule 1 to the Work and Families Act 2006 (c. 18) (“the 2006 Act”) and by paragraph 31(b) of Schedule 7 to the Children and Families Act 2014 (c. 6) (“the 2014 Act”). Sections 80A, 80B, 80C, 80D and 80E were inserted by section 1 of the Employment Act 2002 (c. 22). Section 80A was amended by section 118(6) of, and paragraph 32 of Schedule 7 to, the 2014 Act, by section 1(2) of the Paternity Leave (Bereavement) Act 2024 (c. 17) (“the 2024 Act”) and by sections 16(1) and 17(1) of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”) and applied with modifications by S.I. 2014/3095 (amended by S.I. 2018/1413 and 2026/[xxx]) to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 (c. 22) and a child who is, or will be, the subject of the order (“parental order cases”). Section 80B was amended by sections 118(7), 121(2), 122(4), 128(2)(b) of, and paragraph 33 of Schedule 7 to, the 2014 Act, by section 1(3) of the 2024 Act, by sections 16(2) and 17(2) of the 2025 Act and by S.I. 2016/413 (W. 131), and applied with modifications by S.I. 2003/920 (amended by S.I. 2026/[xxx]) to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, and by S.I. 2014/3095 to parental order cases. Section 80C was amended by paragraph 34 of Schedule 7 to the 2014 Act and by paragraph 24 of the Schedule to the Parental Bereavement (Leave and Pay) Act 2018 (c. 24). Section 80D was amended by paragraph 37 of Schedule 1 to the 2006 Act, by paragraph 35 of Schedule 7 to the 2014 Act, by section 1(4) of the 2024 Act and by section 27(5) of the 2025 Act. Section 80E was amended by paragraph 36 of Schedule 7 to the 2014 Act. Section 99 was substituted by paragraph 16 of Part III of Schedule 4 to the 1999 Act and amended by paragraph 39(b) of Schedule 7 to the 2014 Act. There are other amendments but none is relevant to this instrument.
f2: Section 236(3) was amended by paragraph 42 (3) of Schedule 4 to the Employment Relations Act 1999 (c. 26), paragraph 49 (3) of Schedule 7 to the Employment Act 2002 (c. 22) and paragraph 44 of Schedule 1 to the Work and Families Act 2006 (c. 18). There are other amendments but none is relevant to this instrument.