Regulation 1 Citation and interpretation
These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026.
In these Regulations—
-
“the 1992 (GB) Act” means the Social Security Contributions and Benefits Act 1992f1;
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“the 1992 (NI) Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2;
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“the 2025 Act” means the Employment Rights Act 2025;
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“the 1982 Regulations (GB)” means the Statutory Sick Pay (General) Regulations 1982f3;
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“the 1982 Regulations (NI)” means the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982f4;
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“day of incapacity for work in relation to a contract of service”—
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“employee”—
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“normal weekly earnings” means the employee’s average weekly earnings which are determined in accordance with—
- (a)
regulation 19 of the 1982 Regulations (GB) as it has effect immediately before 6th April 2026, in relation to an employee in Great Britain, or
- (b)
regulation 19 of the 1982 Regulations (NI) as it has effect immediately before 6th April 2026, in relation to an employee in Northern Ireland;
- (a)
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“period of entitlement”—
- (a)
in relation to an employee in Great Britain, has the meaning given in section 153 of the 1992 (GB) Act as it has effect immediately before 6th April 2026, or
- (b)
in relation to an employee in Northern Ireland, has the meaning given in section 149 of the 1992 (NI) Act as it has effect immediately before 6th April 2026;
- (a)
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“period of incapacity for work”—
- (a)
in relation to an employee in Great Britain, has the meaning given in section 152 of the 1992 (GB) Act as it has effect immediately before 6th April 2026, or
- (b)
in relation to an employee in Northern Ireland, has the meaning given in section 148 of the 1992 (NI) Act as it has effect immediately before 6th April 2026;
- (a)
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“post-6th April period of entitlement” means a period of entitlement—
- (a)
in relation to an employee in Great Britain, within the meaning given in section 153 of the 1992 (GB) Act, or
- (b)
in relation to an employee in Northern Ireland, within the meaning given in section 149 of the 1992 (NI) Act;
- (a)
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“post-6th April period of incapacity for work” means a period of incapacity for work—
- (a)
in relation to an employee in Great Britain, within the meaning given in section 152 of the 1992 (GB) Act, or
- (b)
in relation to an employee in Northern Ireland, within the meaning given in section 148 of the 1992 (NI) Act;
- (a)
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“post-6th April qualifying day” means a qualifying day—
- (a)
in relation to an employee in Great Britain, within the meaning given in section 154 of the 1992 (GB) Act, or
- (b)
in relation to an employee in Northern Ireland, within the meaning given in section 150 of the 1992 (NI) Act;
- (a)
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“qualifying day”—
- (a)
in relation to an employee in Great Britain, has the meaning given in section 154 of the 1992 (GB) Act as it has effect immediately before 6th April 2026, or
- (b)
in relation to an employee in Northern Ireland, has the meaning given in section 150 of the 1992 (NI) Act as it has effect immediately before 6th April 2026;
- (a)
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“statutory sick pay”—
- (a)
in relation to an employee in Great Britain, has the meaning given in section 151(1) of the 1992 (GB) Act, or
- (b)
in relation to an employee in Northern Ireland, has the meaning given in section 147(1) of the 1992 (NI) Act.
- (a)
In these Regulations, except where otherwise specified, any reference to a section of, or Schedule to, the 1992 (GB) Act or 1992 (NI) Act (as the case may be) is a reference to that provision as it has effect on and after 6th April 2026.
Annotations
Footnotes
- f1
- f2
- f3
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S.I. 1982/894, amended by S.I. 2026/210; there are other amending instruments but none is relevant.
- f4
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S.R. 1982 No. 263, amended by S.I. 2026/210; there are other amending instruments but none is relevant.
- f5
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Section 151(4) was amended by paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).
- f6
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Section 147(4) was amended by paragraph 34 of Part 1 of Schedule 1 to S.I. 1994/1898 (N.I. 12).
- f7
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Section 163(1) was amended by paragraph 3 of Schedule 2 to the National Insurance Contributions Act (c. 7) and paragraph 9 of Schedule 8 to S.I. 2006/1031; there are other amending instruments but none is relevant.
- f8
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Section 159(1) was amended by paragraph 9 of Schedule 2 to the National Insurance Contributions Act (c. 7) and Schedule 8 to S.R. 2006 No. 261; there are other amending instruments but none is relevant.