Employment Rights Act 2025 in Scotland
2025 c. 36 · Enacted 18 December 2025 · Extends to United Kingdom
An Act to make provision to amend the law relating to employment rights; to make provision about procedure for handling redundancies; to make provision about the treatment of workers involved in the supply of services under certain public contracts; to provide for duties to be imposed on employers in relation to equality; to amend the definition of “employment business” in the Employment Agencies Act 1973; to provide for the establishment of the School Support Staff Negotiating Body and Social Care Negotiating Bodies; to amend the Seafarers’ Wages Act 2023; to make provision for the implementation of international agreements relating to maritime employment; to make provision about trade unions, industrial action, employers’ associations and the functions of the Certification Officer; to make provision about the enforcement of legislation relating to the labour market; and for connected purposes.
[18th December 2025]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Employment rights
- Zero hours workers, etc
- 1Right to guaranteed hours
- 2Shifts: rights to reasonable notice
- 3Right to payment for cancelled, moved and curtailed shifts
- 4Agency workers: guaranteed hours and rights relating to shifts
- 5Collective agreements: contracting out
- 6Amendments relating to sections 1 to 5
- 7Repeal of Workers (Predictable Terms and Conditions) Act 2023
- 8Exclusivity terms in zero hours arrangements
- Flexible working
- 9Right to request flexible working
- Statutory sick pay
- 10Statutory sick pay in Great Britain: removal of waiting period
- 11Statutory sick pay in Great Britain: lower earnings limit etc
- Tips and gratuities, etc Not yet in force
- 14Policy about allocating tips etc: consultation and review Not yet in force
- Entitlements to leave
- 15Parental leave: removal of qualifying period of employment
- 16Paternity leave: removal of qualifying period of employment
- 17Ability to take paternity leave following shared parental leave
- 18Bereavement leave
- 19Review of extent of right to time off for public duties
- Protection from harassment and discrimination
- 20Employers to take all reasonable steps to prevent sexual harassment
- 21Harassment by third parties
- 22Sexual harassment: power to make provision about “reasonable steps”
- 23Protection of disclosures relating to sexual harassment
- 24Contractual duties of confidentiality relating to harassment and discrimination
- Dismissal
- 25Right not to be unfairly dismissed: qualifying period and compensation
- 26Dismissal during pregnancy
- 27Dismissal following period of statutory family leave
- 28Dismissal for failing to agree to variation of contract, etc
- Part 2: Other matters relating to employment
- Procedure for handling redundancies
- 29Collective redundancy: extended application of requirements
- 30Collective redundancy consultation: protected period
- 31Collective redundancy notifications: ships’ crew
- Public sector outsourcing: protection of workers
- 32Public sector outsourcing: protection of workers
- Duties of employers relating to equality
- 33Equality action plans
- 34Provision of information relating to outsourced workers Not yet in force
- Annual leave records
- 35Duty to keep records relating to annual leave
- Employment businesses
- 36Extension of regulation of employment businesses
- Employment of children on heritage railways
- 37Guidance about the employment of children on heritage railways
- Part 3: Pay and conditions in particular sectors
- Chapter 2: Social care workers
- Social Care Negotiating Bodies
- 39Power to establish Social Care Negotiating Body
- 40Membership, procedure, etc of Negotiating Body
- 41Matters within Negotiating Body’s remit
- 42Meaning of “social care worker”
- Consideration of matters by Negotiating Body
- 43Consideration of matters by Negotiating Body
- 44Reconsideration by Negotiating Body
- 45Failure to reach an agreement
- Giving effect to agreements of Negotiating Body
- 46Power to ratify agreements
- 47Effect of regulations ratifying agreement
- Power of appropriate authority to deal with matters
- 48Power of appropriate authority to deal with matters
- Guidance etc
- 49Guidance and codes of practice
- Enforcement
- 50Duty of employers to keep records
- Agency workers
- 51Agency workers who are not otherwise “workers”
- Supplementary and general
- 52Regulations under section 46 or 48: supplementary
- 53Regulations under this Chapter
- 54Status of agreements, etc
- 55Interpretation of this Chapter
- Chapter 3: Seafarers
- 56Seafarers’ wages and working conditions
- 57International agreements relating to maritime employment
- Part 4: Trade unions and industrial action, etc
- Right to statement of trade union rights
- 58Right to statement of trade union rights
- Right of trade unions to access workplaces
- 59Right of trade unions to access workplaces
- Trade union recognition
- 60Trade union recognition
- Trade union finances
- 61Political funds: requirement to pass political resolution
- 62Requirement to contribute to political fund
- 63Deduction of trade union subscriptions from wages in public sector
- Facilities provided to trade union representatives and members
- 64Facilities provided to trade union officials and learning representatives
- 65Facilities for equality representatives
- 66Facility time: publication requirements and reserve powers
- Blacklists
- 67Blacklists: additional powers
- Industrial action: ballots
- 68Industrial action ballots: turnout threshold Not yet in force
- 69Industrial action ballots: support thresholds
- 70Industrial action ballots: information to be included in notices to employers
- 71Industrial action ballots: information to be included on voting paper
- 72Period after which industrial action ballot ceases to be effective
- 73Electronic balloting
- Notice to employers of industrial action
- 74Notice to employers of industrial action
- Industrial action: picketing
- 75Union supervision of picketing
- Protection for taking industrial action
- 76Protection against detriment for taking industrial action
- 77Protection against dismissal for taking industrial action
- Strikes: minimum service levels
- 78Repeal of provision about minimum service levels
- Certification Officer
- 79Annual returns: removal of provision about industrial action
- 80Annual returns: removal of provision about political expenditure
- 81Removal of powers to enforce requirements relating to annual returns
- 82Removal of investigatory powers
- 83Powers to be exercised only on application
- 84Removal of power to impose financial penalties
- 85Removal of power to impose levy
- 86Appeals to the Employment Appeal Tribunal
- General
- 87Employment outside Great Britain
- 88Regulations subject to affirmative resolution procedure
- 89Devolved Welsh authorities
- Part 5: Enforcement of labour market legislation
- General
- 90Enforcement of labour market legislation by Secretary of State
- 91Enforcement functions of Secretary of State
- 92Delegation of functions
- Advisory Board
- 93Advisory Board
- Strategies and reports
- 94Labour market enforcement strategy
- 95Annual reports
- Powers to obtain documents or information
- 96Power to obtain documents or information
- 97Power to enter premises in order to obtain documents, etc
- 98Power to enter dwelling subject to warrant
- 99Supplementary powers in relation to documents
- 100Retention of documents
- Other powers to investigate non-compliance
- 101Powers of enforcement officers under Police and Criminal Evidence Act 1984
- 102Offences relating to gangmasters: power to enter premises with warrant
- Notices of underpayment
- 103Power to give notice of underpayment
- 104Calculation of the required sum
- 105Period to which notice of underpayment may relate
- 106Notices of underpayment: further provision
- 107Penalties for underpayment
- 108Further provision about penalties
- 109Suspension of penalty where criminal proceedings have been brought, etc
- 110Appeals against notices of underpayment
- 111Withdrawal of notice of underpayment
- 112Replacement notice of underpayment
- 113Effect of replacement notice of underpayment
- 114Enforcement of requirement to pay sums due to individuals
- 115Enforcement of requirement to pay penalty
- Powers relating to civil proceedings
- 116Power to bring proceedings in employment tribunal Not yet in force
- 117Power to provide legal assistance Not yet in force
- 118Recovery of costs of legal assistance
- Labour market enforcement undertakings
- 119Power to request LME undertaking
- 120Measures in LME undertakings
- 121Duration of LME undertakings
- 122Means of giving notice under section 119
- Labour market enforcement orders
- 123Power to make LME order on application
- 124Applications for LME orders
- 125Power to make LME order on conviction
- 126Measures in LME orders
- 127Further provision about LME orders
- 128Variation and discharge of LME orders
- 129LME orders: appeals
- Safeguards etc
- 130Evidence of authority
- 131Warrants
- 132Items subject to legal privilege
- 133Privilege against self-incrimination
- 134Information relating to the intelligence services, etc
- Disclosure of information
- 135Disclosure of information
- 136Disclosure of information: supplementary provision
- 137Restriction on disclosure of HMRC information
- 138Restriction on disclosure of intelligence service information
- Offences
- 139Offence of failing to comply with LME order
- 140Offence of providing false information or documents
- 141Providing false information or documents: national security etc defence
- 142Offence of obstruction
- Recovery of enforcement costs
- 143Power to recover costs of enforcement
- Supplementary
- 144Offences by bodies corporate
- 145Application of this Part to partnerships
- 146Application of this Part to unincorporated associations
- 147Application of this Part to the Crown and Parliament
- 148Abolition of existing enforcement authorities
- 149Consequential and transitional provision
- Interpretation of this Part
- 150Meaning of “non-compliance with relevant labour market legislation”
- 151Interpretation: general
- Part 6: Miscellaneous and general
- Tribunals
- 152Increase in time limits for making claims
- Regulations etc under Employment Rights Act 1996
- 153Orders and regulations under Employment Rights Act 1996: procedure
- Final provisions
- 154Power to make consequential amendments
- 155Power to make transitional or saving provision
- 156Regulations
- 157Financial provision
- 158Extent
- 159Commencement
- 160Short title
- Schedule 1Agency workers: guaranteed hours and rights relating to shifts Not yet in force
- Schedule 2: Consequential amendments relating to sections 1 to 5
- 1Insolvency Act 1986 Not yet in force
- 2Employment Tribunals Act 1996
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Employment Rights Act 1996
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Bankruptcy (Scotland) Act 2016 Not yet in force
- Schedule 3: Minor and consequential amendments relating to section 25
- 1Employment Rights Act 1996 Not yet in force
- 2Employment Relations Act 1999 Not yet in force
- 3Enterprise and Regulatory Reform Act 2013 Not yet in force
- 4Coronavirus Act 2020 Not yet in force
- 5Power to make further consequential amendments
- Schedule 5: Seafarers’ wages and working conditions
- 1Amendment of Seafarers’ Wages Act 2023
- 2Part 1 of the Act: relevant services
- 3Paragraph 3
- 4Chapter 1 of Part 2 of the Act: non-qualifying seafarers
- 5Paragraph 5
- 6Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations
- 7Paragraph 7
- 8Paragraph 8
- 9Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations
- 10Part 3 of the Act: seafarers’ working conditions
- 11Part 4 of the Act: enforcement of Parts 2 and 3
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Part 5 of the Act: general and final provisions
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Amendment of title of the Act
- Schedule 6: Trade union recognition
- Part 1: Introduction
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Recognition
- 3Meaning of “the application day”
- 4Acceptance of applications
- 5Paragraph 5
- 6Withdrawal of application
- 7Notice to cease consideration of application
- 8Communication with workers through independent person after application
- 9Access agreements
- 10Unfair practices
- 11Powers of CAC on proceeding with application
- 12Paragraph 12
- 13Ballots
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20General provisions about admissibility of applications
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27General provisions about validity of applications
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Competing applications
- 35Voluntary recognition
- Part 3: Changes affecting bargaining unit after recognition
- 36Changes relevant to appropriateness of bargaining unit
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Access agreements
- 41Unfair practices
- 42Powers of CAC where CAC decides new unit appropriate
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Withdrawal of application
- Part 4: Derecognition
- 47Access agreements
- 48Unfair practices
- 49Ballots
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Derecognition where recognition automatic
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Derecognition where union not independent
- 63Paragraph 63
- 64Paragraph 64
- Part 5: Meaning of “the required percentage”
- 65Paragraph 65
- Part 6: Consequential amendments
- 66Paragraph 66
- Schedule 7: Legislation subject to enforcement under Part 5
- Part 1: Relevant labour market legislation
- 1Employment Agencies Act 1973
- 2Paragraph 2
- 3Social Security Contributions and Benefits Act 1992 Not yet in force
- 4Social Security Contributions and Benefits Act 1992 Not yet in force
- 5Social Security Administration Act 1992 Not yet in force
- 6Social Security Administration Act 1992 Not yet in force
- 7Social Security Administration Act 1992 Not yet in force
- 8Social Security Contributions and Benefits (Northern Ireland) Act 1992 Not yet in force
- 9Social Security Contributions and Benefits (Northern Ireland) Act 1992 Not yet in force
- 10Social Security Administration (Northern Ireland) Act 1992 Not yet in force
- 11Social Security Administration (Northern Ireland) Act 1992 Not yet in force
- 12Social Security Administration (Northern Ireland) Act 1992 Not yet in force
- 13Employment Tribunals Act 1996
- 14National Minimum Wage Act 1998
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Working Time Regulations 1998 Not yet in force
- 22Gangmasters (Licensing) Act 2004
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Fraud Act 2006
- 28Modern Slavery Act 2015
- 29Paragraph 29
- 30Paragraph 30
- 31Employment Rights Act 2025 Not yet in force
- 32Paragraph 32 Not yet in force
- 33Paragraph 33
- 34Paragraph 34
- Part 2: Power to amend Part 1
- 35Paragraph 35
- Schedule 8: Warrants under Part 5: further provision
- Part 1: Application of this Schedule
- 1Paragraph 1
- Part 2: Warrants: applications and safeguards
- 2Applications for warrants
- 3Safeguards in connection with power of entry conferred by warrant
- 4Paragraph 4
- 5Paragraph 5
- Part 3: Execution of warrants
- 6Warrant to be executed within three months
- 7Time of entry
- 8Evidence of authority etc
- 9Securing premises after entry
- 10Return and retention of warrants
- Schedule 9: Persons to whom information may be disclosed under section 135
- Authorities with functions in connection with the labour market or the workplace etc
- Law enforcement and border security
- Local government
- Health and social care bodies
- Other persons
- Schedule 10: Consequential amendments relating to Part 5
- Part 1: Existing powers under relevant labour market legislation
- 1Employment Agencies Act 1973
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Part 2A of Employment Tribunals Act 1996
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17National Minimum Wage Act 1998
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Gangmasters (Licensing) Act 2004
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Modern Slavery Act 2015
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- Part 2: Other consequential amendments
- 57Public Records Act 1958
- 58Parliamentary Commissioner Act 1967
- 59Superannuation Act 1972
- 60House of Commons Disqualification Act 1975
- 61Northern Ireland Assembly Disqualification Act 1975
- 62Employment Protection Act 1975
- 63Police and Criminal Evidence Act 1984
- 64Companies Act 1985
- 65Trade Union and Labour Relations (Consolidation) Act 1992
- 66Criminal Justice and Public Order Act 1994
- 67Deregulation and Contracting Out Act 1994
- 68Employment Tribunals Act 1996
- 69Employment Relations Act 1999
- 70Immigration and Asylum Act 1999
- 71Finance Act 2000
- 72Regulation of Investigatory Powers Act 2000
- 73Freedom of Information Act 2000
- 74Police Reform Act 2002
- 75Employment Relations Act 2004
- 76Civil Partnership Act 2004
- 77Pensions Act 2004
- 78Serious Organised Crime and Police Act 2005
- 79Natural Environment and Rural Communities Act 2006
- 80Regulatory Enforcement and Sanctions Act 2008
- 81Employment Act 2008
- 82Equality Act 2010
- 83Financial Services Act 2012
- 84Modern Slavery Act 2015
- 85Small Business, Enterprise and Employment Act 2015
- 86Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- 87Immigration Act 2016
- 88Investigatory Powers Act 2016
- 89Policing and Crime Act 2017
- 90Data Protection Act 2018
- 91Sentencing Act 2020
- 92Police, Crime, Sentencing and Courts Act 2022
- 93Procurement Act 2023
- Schedule 11: Transitional and saving provision relating to Part 5
- Part 1: Abolition of existing enforcement authorities: transfer schemes
- 1Staff transfer schemes
- 2Property transfer schemes
- 3Continuity
- 4Supplementary provision, etc
- 5Interpretation
- Part 2: Other transitional and saving provision
- 6General
- 7Powers to obtain documents etc
- 8Labour abuse prevention officers
- 9Warrants
- 10Paragraph 10
- 11LME undertakings and orders
- 12Information
- 13Paragraph 13
- 14Paragraph 14
- 15Orders under Modern Slavery Act 2015
- 16Paragraph 16
- 17Paragraph 17
- 18Notices of underpayment under the National Minimum Wage Act 1998
- 19Enforcement of agricultural wages legislation
- 20Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences
- Schedule 12: Increase in time limits for making claims
- 1Safety Representatives and Safety Committees Regulations 1977
- 2Trade Union and Labour Relations (Consolidation) Act 1992
- 3Pension Schemes Act 1993
- 4Employment Rights Act 1996
- 5Health and Safety (Consultation with Employees) Regulations 1996
- 6Working Time Regulations 1998
- 7National Minimum Wage Act 1998
- 8Employment Relations Act 1999
- 9Transnational Information and Consultation of Employees Regulations 1999
- 10Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
- 11Civil Aviation (Working Time) Regulations 2004
- 12Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
- 13Transfer of Undertakings (Protection of Employment) Regulations 2006
- 14Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
- 15Cross-border Railway Services (Working Time) Regulations 2008
- 16European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
- 17Agency Workers Regulations 2010
- 18Equality Act 2010
- 19Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018