Statutory Instruments
2026 No. 954 (C. 79)
TERMS AND CONDITIONS OF EMPLOYMENT
The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026
Made
1st September 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 and effect
1.—(1) These Regulations may be cited as the Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026.
(2) Regulation 5 has effect on the day after the day on which these Regulations are made.
Interpretation
2. In these Regulations—
“ the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992 ( 2 );
“ the 1996 Act ” means the Employment Rights Act 1996 ( 3 );
“ the 2006 Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( 4 );
“ the 2025 Act ” means the Employment Rights Act 2025 .
Provisions of the 2025 Act coming into force on 1st October 2026
3. Section 152 and Schedule 12 to the 2025 Act (increase in time limits for making claims) come into force on 1st October 2026, subject to the transitional provisions in regulation 4.
Transitional provisions in relation to Schedule 12 to the 2025 Act
4.—(1) The amendments made by Schedule 12 to the do not apply in any case where the 2025 Actrelevant date occurs before 1st October 2026.
(2) In this regulation , the ‘relevant date’ is—
(a)in the case of a complaint made under an enactment specified in the first column of table 1 or table 2 in the Schedule to these Regulations, the date provided for in the entry in the corresponding second column of that table;
(b)in the case of a reference under section 11 (1) of the (reference to employment tribunal in relation to statement of initial employment particulars, statement of changes or itemised pay statement)(1996 Act5), where the employment to which the reference relates has ceased, the date on which the employment ceased;
(c)in all other cases—
(i)the date of the act, conduct, or failure complained of, or
(ii)in the case of a series of similar acts or failures (or both), the last act or failure in the series,
as the case may be.
Amendment to the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026
5. In regulation 7(2) of the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Savings Provisions) (Amendment) Regulations 2026(6), in the opening words, for “paragraph” substitute “regulation”.
Kate Dearden
Minister of State
Department for Business, Innovation, Science and Trade
1st September 2026
Regulation 4(2)(a)
Schedule Employment Tribunal Time Limit Transitional Provisions
Table 1
Primary Legislation
| Column 1 | Column 2 |
|---|---|
| Enactment | Relevant Date |
| Section 66 (1) of the (complaint of infringement of right not to be unjustifiably disciplined) (1992 Act7). | The date of the making of the relevant determination by the trade union. |
| Section 68A (1) of the (complaint of infringement of right not to suffer deduction of unauthorised subscriptions) (1992 Act8). | The date of the payment from which the deduction, or (if the complaint relates to more than one deduction) the last of the deductions, was made. |
| Section 87 (1) of the (complaint in respect of employer’s failure to comply with section 86 in respect of deductions for political fund) (1992 Act9). | The date of the payment of the emoluments, or (if the complaint relates to more than one payment) the last of the payments. |
| Section 145C (1) of the (complaint of inducements related to union membership or activities or collective bargaining) (1992 Act10). | The date when the offer was made or, where the offer was part of a series of similar offers, the date when the last offer was made. |
| Section 189 (1) of the (complaint of breach of employer duty to consult representatives or requirements for election of representatives) (1992 Act11). | Where the last of the dismissals to which the complaint relates has taken effect, the date of the last dismissal. |
| Section 192 (1) of the (complaint of failure to pay remuneration under protective award) (1992 Act12). | The day (or, if the complaint relates to more than one day, the last of the days) in respect of which the complaint is made of failure to pay remuneration. |
| Section 126 (1) of the Pension Schemes Act 1993 (complaint of failure of Secretary of State to pay unpaid contributions to schemes) (13). | The date on which the decision of the Secretary of State on the application was communicated to the persons presenting it. |
| Section 23 (1) of the (complaint of unauthorised deduction from wages or infringement of right not to have to make payment to employer) (1996 Act14). |
The date of payment of the wages from which the deduction in contravention of section 13 of the was made, or the date when the payment in contravention of 1996 Actsection 15 of the was received, as the case may be. 1996 Act Where the complaint relates to a series of deductions or payments, the last deduction or payment in the series. Where the complaint relates to a number of payments falling within section 23 (1) (d) of the that are subject to the same limit under 1996 Actsection 21 (1) of the and received by the employer on different dates, the last of the payments. 1996 Act |
| Section 34 (1) of the (complaint of failure to pay guarantee payment) (1996 Act15). | The day in respect of which the employee is entitled to the guarantee payment. |
| Section 54 (1) of the (complaint of failure to permit time off for looking for work or training) (1996 Act16). | The date on which it is alleged that the time off should have been permitted, or that the payment should have been made, as the case may be. |
| Section 57(1), 57ZC(1), 57ZF(1), 57ZH(1), 57ZM(1), or 57ZQ(1) of the (complaint of infringement of right to time off for ante-natal care appointments and right to time off for adoption appointments) (1996 Act17). | The date of the appointment in question. |
| Section 57B of the (complaint of unreasonable refusal of time off for dependants) (1996 Act18). | The date when the refusal occurred. |
| Section 63 (1) or 63C (1) of the (complaint of refusal to permit time off for employee representatives or time off for young person for study or training) (1996 Act19). | The date on which the time off was taken or on which it is alleged the time off should have been permitted. |
| Section 63I (1) of the (complaint of failure to comply with requirements related to employee application to undertake study or training) (1996 Act20). | The ‘relevant date’ under section 63I (6) of the . 1996 Act |
| Section 70 (1) of the (complaint of failure to pay remuneration on suspension of work on medical or maternity grounds) (1996 Act21). | The day in respect of which the employee is entitled to remuneration. |
| Section 70 (4) of the (complaint of failure to offer alternative work). 1996 Act | The first day of the suspension. |
| Section 70A (1) or (4) of the (complaint of failure to pay remuneration to agency worker whose supply to a hirer is ended on maternity grounds or to offer to propose agency worker to hirer with suitable alternative work) (1996 Act22). | The day on which the supply of the agency worker to a hirer was ended on maternity grounds. |
| Section 80H (1) of the (complaint of failure to comply with duties in relation to application for flexible working) (1996 Act23). | The ‘relevant date’ under section 80H (6) of the . 1996 Act |
| Section 111 (1) of the (complaint of unfair dismissal) (1996 Act24). | The effective date of termination (see section 97 of the ). 1996 Act |
| Section 188 (1) of the (complaint of failure to make payment on insolvency of employer) (1996 Act25). | The date on which the decision of the Secretary of State on the application was communicated to the applicant. |
| Section 11 (1) of the National Minimum Wage Act 1998 (complaint of failure of employer to allow access to records) (26). | The end of the period of fourteen days following the date of receipt of the production notice, or, in a case where a later day was agreed under section 10 (9) (b) of the National Minimum Wage Act 1998, that later day. |
| Section 11 (1) of the Employment Relations Act 1999 (complaint of failure to comply with right to be accompanied) (27). | The date of the failure or threat. |
| Section 120 of the Equality Act 2010 (complaint of a contravention of Part 5 of that Act) (28). | The date of the act, or, in the case of conduct extending over a period, the end of the period, or, in the case of a failure to do something, the date the person in question decided on it (see section 123 of the Equality Act 2010). |
Table 2
Secondary Legislation
| Column 1 | Column 2 |
|---|---|
| Enactment | Relevant Date |
| Regulation 30 (1) of the Working Time Regulations 1998 (complaint of refusal to permit worker to exercise rights or failure to pay amount due) (29). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
| Regulation 27 (1) of the Transnational Information and Consultation of Employees Regulations 1999 (complaint of refusal to permit time off for member of a European Works Council etc.) (30). | The day on which the time off was taken, or on which it is alleged the time off should have been permitted. |
| Regulation 18 (1) of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (complaint of refusal to permit worker to exercise rights or failure to pay amount due) (31). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
| Regulation 18 (1) of the Civil Aviation (Working Time) Regulations 2004 (complaint of refusal to permit worker to exercise rights or failure to pay amount due) (32). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
| Regulation 19 (1) of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (complaint of refusal to permit worker to exercise rights or failure to pay amount due) (33). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
| Regulation 12 (1) of the (complaint of failure to notify employee liability information). 2006 Regulations | The date of the relevant transfer. |
| Regulation 15 (1) of the (complaint of failure to inform or consult representatives). 2006 Regulations | The date on which the relevant transfer is completed. |
| Regulation 15 (10) of the (complaint of failure to pay compensation in pursuance of order). 2006 Regulations | The date of the tribunal’s order. |
| Paragraph 4 (1) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (complaint of refusal to permit time off for representative in connection with consultation related to listed changes to pension schemes) (34). | The day on which the time off was taken, or on which it is alleged the time off should have been permitted. |
| Regulation 17 (1) of the Cross-border Railway Services (Working Time) Regulations 2008 (complaint of refusal to permit worker to exercise rights) (35). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
| Regulation 28 (1) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (complaint of refusal to permit time off for member of special negotiating body etc.) (36). | The day on which the time off was taken or on which it is alleged the time off should have been permitted. |
| Regulation 18 (2) of the Agency Workers Regulations 2010, in respect of an alleged infringement of regulation 5, 12 or 17(2) (complaint related to right to basic working conditions, access to collective facilities and amenities, or detriment) (37). | The date of the infringement, detriment or breach or, where an act or failure to act is part of a series of similar acts or failures comprising the infringement, detriment or breach, the last of them. |
| Regulation 18 (2) of the Agency Workers Regulations 2010, in respect of an alleged infringement of the right conferred by regulation 13 (complaint of failure of hirer to inform agency worker of relevant vacant posts). | The date, or, if more than one, the last date, on which other individuals were informed of the vacancy. |
| Regulation 26 (1) of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (complaint of refusal to permit seafarer to exercise rights or failure to pay amount due) (38). | The date on which it is alleged that the exercise of the right should have been permitted (or, in the case of a rest period or leave extending over more than one day, the date on which it should have been permitted to begin) or that the payment should have been made, as the case may be. |
2025 c. 36.
1992 c. 52.
1996 c. 18.
S.I. 2006/246; relevant amending instruments are S.I. 2014/16, 2014/386 and 2014/853.
Section 11 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8), paragraph 16 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 (c. 24), S.I. 2014/431 and 2019/731. There are other amendments but none are relevant.
S.I. 2026/323 (C. 27).
Section 66 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998 and paragraph 2 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013.
Section 68A was inserted by section 15 of the Trade Union Reform and Employment Rights Act 1993 (c. 19) and amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998 and paragraph 3 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013. There are other amendments but none are relevant.
Section 87 was substituted by section 6 of the Employment Rights (Dispute Resolution) Act 1998 and amended by paragraph 5 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013.
Section 145C was inserted by section 29 of the Employment Relations Act 2004 (c. 24) and amended by paragraph 7 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013.
Section 189 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 11 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 and S.I. 1995/2587, 1999/1925 and 2014/431.
Section 192 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998 and paragraph 12 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013.
1993 c. 48. Section 126 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998.
Section 23 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, S.I. 2011/1133, 2014/3322 and 2019/469. There are other amendments to section 23 but none are relevant.
Section 34 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 18 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469.
Section 54 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 21 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469.
Section 57 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 22 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469. There are other amendments to section 57 but none are relevant. Section 57ZC was inserted by S.I. 2010/93 and amended by paragraph 23 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2019/469. There are other amendments to section 57ZC but none are relevant. Sections 57ZF and 57ZH were inserted by section 127 (1) of the Children and Families Act 2014 (c. 6) and amended by S.I. 2019/469. Sections 57ZM and 57ZQ were inserted by section 128 (1) of the Children and Families Act 2014 and amended by S.I. 2019/469.
Section 57B was inserted by section 8 and Part 2 of Schedule 4 to the Employment Relations Act 1999 (c. 26) and amended by paragraph 24 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469.
Section 63 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 26 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469. Section 63C was inserted by section 33 of the Teaching and Higher Education Act 1998 (c. 30) and amended by paragraph 27 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469.
Section 63I was inserted by section 40 (2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and amended by paragraph 28 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469. Section 40 was partially commenced on 6th April 2010 by S.I. 2010/303 for all purposes except in relation to employers who employ fewer than 250 employees (“small employers”) and their employees. Section 40 remains commenced for all purposes except in relation to small employers and their employees.
Section 70 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 29 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2011/1133 and 2019/469.
Section 70A was inserted by S.I. 2010/93 and amended by paragraph 30 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2019/469.
Section 80H was inserted by section 47 (2) of the Employment Act 2002 (c. 22) and amended by paragraph 32 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, sections 132 and 133 of the Children and Families Act 2014, S.I. 2011/1133 and 2019/469.
Section 111 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998, paragraph 33 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013, S.I. 2010/493, 2011/1133 and 2019/469.
Section 188 was amended by section 1 (2) (a) of the Employment Rights (Dispute Resolution) Act 1998.
1998 c. 39. Section 11 was amended by paragraph 37 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 and paragraph 43 of Schedule 2 to the Employment Act (Northern Ireland) 2016 (c. 15).
1999 c. 26. Section 11 was amended by section 37 (2) of the Employment Relations Act 2004, paragraph 40 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2019/469. There are other amendments to section 11 but none are relevant.
2010 c. 15. Section 120 was amended by section 2 of the Worker Protection (Amendment of Equality Act 2010) Act 2023 (c. 51), paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) and S.I. 2023/1425.
S.I. 1998/1833. Relevant amending instruments are S.I. 2003/1684, 2004/752, 2007/2079, 2011/1133, 2014/386, 2019/469 and 2023/1426.
S.I. 1999/3323, amended by S.I. 2014/386; there are other amending instruments but none are relevant.
S.I. 2003/3049, amended by S.I. 2014/386 and 2017/1149; there are other amending instruments but none are relevant.
S.I. 2004/756, amended by S.I. 2014/431; there are other amending instruments but none are relevant.
S.I. 2004/1713, amended by S.I. 2014/386; there are other amending instruments but none are relevant.
S.I. 2006/349, amended by S.I. 2014/386; there are other amending instruments but none are relevant.
S.I. 2008/1660, amended by S.I. 2014/386; there are other amending instruments but none are relevant.
S.I. 2009/2401, amended by S.I. 2014/386; there are other amending instruments but none are relevant.
S.I. 2010/93. Regulation 18 was amended by paragraph 6 of Schedule 3 to the Enterprise and Regulatory Reform Act 2013, S.I. 2014/386 and 2019/724.
S.I. 2018/58, to which there are amendments not relevant to these Regulations.