OpenLegislation

Explanatory note

United Kingdom As made

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”). These are the first commencement Regulations made under the 2025 Act. Certain provisions were brought into force upon Royal Assent by virtue of section 159(1) of the 2025 Act, and two months after Royal Assent by virtue of section 159(2) of the 2025 Act.

Regulation 2 brings specified provisions of the 2025 Act into force on the day after the day on which these Regulations are made—

  • paragraphs (2), (3) and (5) bring into force in full or in part sections 1 to 6 and 8 of, and related Schedules 1 and 2 to, the 2025 Act which relate to zero hours workers, etc. to enable the making of regulations under new provisions being inserted into, or amended provisions of, the Employment Rights Act 1996 (c. 18) (“the 1996 Act”). Paragraph (4) brings into force section 7 of the 2025 Act, which repeals the Workers (Predictable Terms and Conditions) Act 2023 (c. 46);

  • paragraphs (6) to (8) bring into force sections 9 (right to request flexible working), 16 (paternity leave: removal of qualifying period of employment) and 17 (ability to take paternity leave following shared parental leave) of the 2025 Act. These provisions make amendments to provisions of the 1996 Act, for the purposes of making regulations under those amended provisions;

  • paragraph (9) brings into force specified subsections of section 18 of the 2025 Act (bereavement leave) for the purposes of making regulations. Those provisions amend Chapter 4 of Part 8 and other related provisions of the 1996 Act to extend powers to make regulations entitling employees to be absent from work on bereavement leave;

  • paragraph (10) brings into force, in part, section 24 of the 2025 Act (contractual duties of confidentiality relating to harassment and discrimination) to enable the making of regulations in anticipation of section 24 coming fully into force;

  • paragraph (11) commences section 26 (dismissal during pregnancy) and paragraph (12) commences, in part, section 27 (dismissal following period of statutory family leave) of the 2025 Act, which will enable regulations to be made extending the protections from dismissal of employees during and after a protected period of pregnancy or following periods of statutory leave for certain family reasons;

  • paragraphs (13) to (17) bring into force the following sections of the 2025 Act, to enable the making of regulations in anticipation of those sections coming fully into force—

    • section 28 (dismissal for failing to agree to variation of contract, etc);

    • section 29 (collective redundancy: extended application of requirements);

    • section 30 (collective redundancy consultation: protected period);

    • section 32 (public sector outsourcing: protection of workers);

    • section 36 (extension of regulation of employment businesses);

  • paragraphs (18) to (24) and (37) bring into force specified provisions of Part 4 (trade unions and industrial action, etc) and Schedule 6 (trade union recognition) of the 2025 Act, which make a number of amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (“the 1992 Act”), to enable the making of regulations and the preparation and publishing of Codes of Practice under the 1992 Act, in anticipation of those provisions of the 2025 Act coming fully into force;

  • paragraphs (25) to (34) and (38) to (40) bring into force, in full or in part, sections 90, 91, 103, 104, 108, 118, 135, 143, 149 and 151 of, and Schedules 7, 10 and 11 to, the 2025 Act (enforcement of labour market legislation), to enable the making of regulations and staff and property transfer schemes in preparation for the Secretary of State taking on enforcement functions under Part 5 of the 2025 Act;

  • paragraph (35) brings into force section 153 of the 2025 Act (orders and regulations under the 1996 Act: procedure), which amends section 236 of the 1996 Act to make further provision in relation to orders and regulations made under that Act.

Regulation 3 brings into force, in part, sections 15 to 17 of the 2025 Act on 18th February 2026. Paragraphs (2) and (3)(b) bring sections 15 and 16 partially into force to enable the giving of notices and evidence in relation to parental leave and paternity leave prior to those sections coming fully into force. Paragraphs (3)(a) and (4) bring sections 16 and 17 into force in relation to cases where a child’s mother or adopter dies. Regulation 3 also brings into force, on 18th February 2026, the following sections of the 2025 Act—

  • section 31 (collective redundancy notifications: ships’ crew);

  • section 57 (international agreements relating to maritime employment);

  • section 76 (protection against detriment for taking industrial action);

  • section 77 (protection against dismissal for taking industrial action);

  • section 79 (annual returns: removal of provision about industrial action);

  • section 81 (removal of powers to enforce requirements relating to annual returns).

Regulation 4 brings sections 15 to 17 of the 2025 Act into force, in so far as they are not already in force, on 6th April 2026.

Regulation 5 introduces Schedule 1 to these Regulations, which makes transitional and saving provision in relation to the amendments made by sections 16 and 17 of the 2025 Act and brought into force by these Regulations.

Regulation 6 introduces Schedule 2 to these Regulations. The 2025 Act repeals certain provisions of the Trade Union Act 2016 and makes other related amendments to the Trade Union and Labour Relations (Consolidation) Act 1992. Those changes relate to political funds, subscription deductions, facility time reporting, industrial action ballots, notices of industrial action, dismissal for taking industrial action, trade union annual returns and the functions of the Certification Officer. Schedule 2 makes savings and transitional provisions in relation to the commencement of those repeals and related amendments.

The impact assessments completed for the Employment Rights Bill, introduced to Parliament on 10th October 2024, contain an assessment of the effect that the reforms to employment law and industrial relations law will have on the costs of business, the voluntary sector and the public sector. They are available at: https://bills.parliament.uk/bills/3737/publications. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London, SWIA 2DY.