Regulation 8 Transitional provisions in relation to section 65 of the 2025 Act

For the purposes of section 168B of the 1992 Act (time off for union equality representatives)^f1, the requirements of subsection (3) of that section (notice to employer and training condition) are treated as satisfied in relation to an employee if—

(a)

immediately before 30th October 2026, the employee has the function of carrying out any or all of the activities mentioned in section 168B(2) in relation to qualifying members of the trade union and has had that function for a continuous period of six months or more, and

(b)

the employee acquired that function by reason of being appointed or elected, in accordance with the rules of the trade union, to carry it out.

Annotations

Footnotes

f1: Section 168B was inserted by section 65(2) of the Employment Rights Act 2025 and partially commenced on 6th January 2026 by S.I. 2026/3 (C. 2) for the purposes of Acas issuing and revising a Code of Practice.