Explanatory note

These Regulations bring into force certain provisions of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”) on 30th October 2026. They are the sixth commencement regulations made under the 2025 Act. Certain provisions came into force on 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 3 brings into force on 30th October 2026 the provisions of the 2025 Act listed, so far as not already in force.

Regulation 4 makes transitional provision in relation to Schedule 6 to the 2025 Act. It provides that the amendments made by Schedule 6 to the 2025 Act related to trade union recognition and derecognition do not apply where the relevant application to the Central Arbitration Committee was received by the Central Arbitration Committee before 30th October 2026.

Regulation 5 makes savings provisions in relation to the coming into force of paragraph 33 of Schedule 6 to the 2025 Act. Paragraph 33 amends paragraph 49 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (“the 1992 Act”). Paragraph 49 of Schedule A1 to the 1992 Act, as amended by the 2025 Act, prevents a trade union from making an application for recognition for three years where the Central Arbitration Committee has issued a declaration relating to access or unfair practices under paragraphs 116E(5) or 116K(5) of Schedule A1 to the 1992 Act. Regulation 5 saves the effect of declarations that were issued by the Central Arbitration Committee before the coming into force of these amendments on 30th October 2026.

Regulation 6 makes savings provisions in relation to the coming into force of paragraphs 56 and 57 of Schedule 6 to the 2025 Act. These savings provisions apply where there is a declaration by the Central Arbitration Committee under paragraph 27D (3) of Schedule A1 to the 1992 Act (declaration of automatic recognition for a union where there has been unfair practice by employer consisting of, or including, use of violence, or the dismissal of a union official). Regulation 6 saves the effect of declarations issued by the Central Arbitration Committee before 30th October 2026.

Regulation 7 makes transitional provision in relation to section 64 of the 2025 Act, so that in the case of a complaint to an employment tribunal related to the failure of an employer to permit trade union representatives or union learning representatives to take time off to carry out their functions, the amendments made by section 64 only apply where the failure complained of occurs on or after 30th October 2026.

Regulation 8 makes transitional provision in relation to section 65 of the 2025 Act, so that the right to time off during working hours to carry out the functions of trade union equality representatives applies to employees who have been carrying out the functions set out in section 168B(2) of the 1992 Act immediately before 30th October 2026, if they have had that function for a continuous period of six months or more, and have acquired that function by reason of being appointed or elected in accordance with union rules.

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, Innovation, Science and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.