Statutory Instruments
2026 No. 1065 (C. 87)
TERMS AND CONDITIONS OF EMPLOYMENT
TRADE UNIONS
The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026
Made
1st October 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 155 and 159(3) of the Employment Rights Act 2025(1).
Citation
1. These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026.
Interpretation
2. In these Regulations—
“ the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992 ( 2 );
“ the 2025 Act ” means the Employment Rights Act 2025 .
Provisions of the 2025 Act coming into force on 30th October 2026
3. The following provisions of the 2025 Act come into force on 30th October 2026—
(a)section 20 (employers to take all reasonable steps to prevent sexual harassment);
(b)section 21 (harassment by third parties);
(c) section 22 (sexual harassment: power to make provision about “reasonable steps”);
(d)section 56 and Schedule 5 (seafarers’ wages and working conditions);
(e)section 59 (right of trade unions to access workplaces), so far as not already in force;
(f)section 60 and Schedule 6 (trade union recognition), so far as not already in force, subject to the transitional provisions in regulation 4 and the savings provisions in regulations 5 and 6;
(g)section 64 (facilities provided to trade union officials and learning representatives), so far as not already in force, subject to the transitional provisions in regulation 7;
(h)section 65 (facilities for equality representatives), so far as not already in force, subject to the transitional provisions in regulation 8.
Transitional provisions in relation to Schedule 6 to the 2025 Act
4.—(1) Paragraphs 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 66(2)(a), 66(2)(b), 66(3), 66(5)(a), 66(5)(b), 66(5)(c) and 66(5)(d) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 11 or 12 of Schedule A1 to the 1992 Act (application in the event that employer rejects request for recognition or negotiations fail)(3) was received by the Central Arbitration Committee(4) before 30th October 2026.
(2) Paragraphs 5, 9, 10, 19, 20, 21, 27 and 28 of Schedule 6 to the 2025 Act, in so far as not already in force before 30th October 2026, do not apply in cases where an application under paragraph 11 or 12 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
(3) Paragraph 35 of Schedule 6 to the 2025 Act does not apply in cases where an application under paragraph 55, 58 or 59 of Schedule A1 to the 1992 Act (application related to type of agreement, method of collective bargaining, or failure to carry out agreement as to a method) was received by the Central Arbitration Committee before 30th October 2026.
(4) Paragraphs 36, 37, 38, 39, 45, 46 and 66(5)(e) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 66 or 75 of Schedule A1 to the 1992 Act (application where either party believes bargaining unit is no longer appropriate, or where employer believes that unit has ceased to exist) was received by the Central Arbitration Committee before 30th October 2026.
(5) Paragraphs 40 and 41 of Schedule 6 to the 2025 Act, in so far as not already in force before 30th October 2026, do not apply in cases where an application under paragraph 66 or 75 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
(6) Paragraphs 49, 50, 51, 52, 53, 54, 55, 66(2)(c) and 66(4) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 106, 107 or 112 of Schedule A1 to the 1992 Act (application related to employer’s request to end bargaining arrangements, or workers’ application to end arrangements) was received by the Central Arbitration Committee before 30th October 2026.
(7) Paragraphs 47 and 48 of Schedule 6 to the 2025 Act, in so far as not already in force before 30th October 2026, do not apply in cases where an application under paragraph 106, 107 or 112 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
(8) Paragraphs 56, 57 and 58 of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 128 of Schedule A1 to the 1992 Act (application related to employer’s request to end bargaining arrangements where recognition automatic) was received by the Central Arbitration Committee before 30th October 2026.
(9) Paragraphs 59 and 60 of Schedule 6 to the 2025 Act, in so far as not already in force before 30th October 2026, do not apply in cases where an application under paragraph 128 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
(10) Paragraphs 61 and 66(5)(f) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 106, 107, 112 or 128 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
(11) Paragraphs 62 and 63 of Schedule 6 to the 2025 Act, in so far as not already in force before 30th October 2026, do not apply in cases where an application under paragraph 137 of Schedule A1 to the 1992 Act (workers’ application to end bargaining arrangements where the union is not independent) was received by the Central Arbitration Committee before 30th October 2026.
(12) Paragraphs 64 and 66(5)(g) of Schedule 6 to the 2025 Act do not apply in cases where an application under paragraph 137 of Schedule A1 to the 1992 Act was received by the Central Arbitration Committee before 30th October 2026.
Saving provisions in relation to paragraph 33 of Schedule 6 to the 2025 Act
5.—(1) This regulation applies after paragraph 33 of Schedule 6 to the 2025 Act comes into force.
(2) Where paragraph 33 applies to an application concerning a declaration that was issued by the Central Arbitration Committee before 30th October 2026, then paragraph 49(1) of Schedule A1 to the 1992 Act(5) is to be read as though the references to paragraphs 116E(5) and 116K(5) of Schedule A1(6) included references to paragraphs 119D(4) and 119H(5) of Schedule A1(7) as they stood prior to 30th October 2026.
Saving provisions in relation to paragraphs 56 and 57 of Schedule 6 to the 2025 Act
6.—(1) This regulation applies after paragraphs 56 and 57 of Schedule 6 to the 2025 Act come into force.
(2) Where paragraph 56 applies in relation to an application for derecognition made on or after 30th October 2026 and there was a declaration by the Central Arbitration Committee under paragraph 27D(3) of Schedule A1 to the 1992 Act(8), then paragraph 122 of Schedule A1(9) is to be read as though reference to a declaration under paragraph 19P(4) of Schedule A1(10) included reference to a declaration under paragraph 27D(3) of Schedule A1 as it stood prior to 30th October 2026.
(3) Where paragraph 57 applies in relation to an application for derecognition made on or after 30th October 2026 and there was a declaration by the Central Arbitration Committee under paragraph 27D(3) of Schedule A1, then paragraph 123 of Schedule A1 to the 1992 Act(11) is to be read as though reference to a declaration under paragraph 19P(4) of Schedule A1 included reference to paragraph 27D(3) as it stood prior to 30th October 2026.
Transitional provisions in relation to section 64 of the 2025 Act
7. The amendments made by section 64 of the 2025 Act do not apply to any employment tribunal claim brought under section 168(4)(a) or section 168A(9)(a) of the 1992 Act (time off for carrying out trade union duties or for union learning representatives)(12) in respect of an employer’s failure to permit an employee to take time off, where the date of the failure occurs before 30th October 2026.
Transitional provisions in relation to section 65 of the 2025 Act
8. For the purposes of section 168B of the 1992 Act (time off for union equality representatives)(13), 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.
Sonny Leong
Parliamentary Under-Secretary of State
Department for Business, Innovation, Science and Trade
1st October 2026
Schedule A1 was inserted by Schedule 1 to the Employment Relations Act 1999 (c. 26). Paragraph 11 of Schedule A1 was amended by section 1(1) of the Employment Relations Act 2004 (c. 24). Paragraph 12 of Schedule A1 was amended by section 1(2) of the Employment Relations Act 2004.
Section 259 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) makes provision in relation to the Central Arbitration Committee.
Paragraph 49 of Schedule A1 was amended by paragraph 23(14) of Schedule 1 to the Employment Relations Act 2004.
Paragraph 116E of Schedule A1 was inserted by paragraph 47 of Schedule 6 to the Employment Rights Act 2025 (c. 36). Paragraph 116K of Schedule A1 was inserted by paragraph 48 of Schedule 6 to the Employment Rights Act 2025. Paragraphs 116E and 116K were partially commenced on 6th January 2026 by S.I. 2026/3 (C. 2) for the purposes of issuing a Code of Practice regarding access and unfair practices during the recognition and derecognition processes.
Paragraphs 119D and 119H of Schedule A1 were inserted by section 13(1) of the Employment Relations Act 2004.
Paragraph 27D of Schedule A1 was inserted by section 10(1) of the Employment Relations Act 2004.
Paragraph 122 of Schedule A1 was amended by paragraph 23(24) of Schedule 1 to the Employment Relations Act 2004.
Paragraph 19P of Schedule A1 was inserted by paragraph 10 of Schedule 6 to the Employment Rights Act 2025 and partially commenced on 6th January 2026 by S.I. 2026/3 (C. 2) for the purposes of issuing a Code of Practice regarding access and unfair practices during the recognition and derecognition processes.
Paragraph 123 of Schedule A1 was amended by paragraph 23(25) of Schedule 1 to the Employment Relations Act 2004.
Section 168 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8). There are other amendments to section 168 but none are relevant. Section 168A was inserted by section 43(2) of the Employment Act 2002 (c. 22).
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.