---
title: "The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026"
id: 2b971f75-0159-4bba-89a8-6375479783a7
authority: uk
place: "United Kingdom"
applies_also_from: []
kind: regulation
in_force: true
publisher_url: https://www.legislation.gov.uk/uksi/2026/954
attribution: "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
solon_url: https://solon.orangecat.ch/law/2b971f75-0159-4bba-89a8-6375479783a7
language: en
in_force_from: 2026-09-01
date_basis: publisher
status: consolidated
source_url: https://www.legislation.gov.uk/uksi/2026/954/data.xml
read_on: 2026-11-10
sha256: 0e54829b2e6ba4e3de2a317eb7951124630a4c354207c37fef022b8b357d328f
provisions: 7
---

# The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026

## Title and introductory text {#prelims}

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 {#regulation-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.

## 2 Interpretation {#regulation-2}

In these Regulations—
“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992;
“the 1996 Act” means the Employment Rights Act 1996;
“the 2006 Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006;
“the 2025 Act” means the Employment Rights Act 2025.

## 3 Provisions of the 2025 Act coming into force on 1st October 2026 {#regulation-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.

## 4 Transitional provisions in relation to Schedule 12 to the 2025 Act {#regulation-4}

(1) The amendments made by Schedule 12 to the 2025 Act do not apply in any case where the relevant 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 1996 Act (reference to employment tribunal in relation to statement of initial employment particulars, statement of changes or itemised pay statement), 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.

## 5 Amendment to the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026 {#regulation-5}

In regulation 7(2) of the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Savings Provisions) (Amendment) Regulations 2026, in the opening words, for “paragraph” substitute “regulation”.

## Schedule Employment Tribunal Time Limit Transitional Provisions {#schedule}

Regulation 4(2)(a)
Table 1 Primary Legislation
Column 1 | Column 2
Enactment | Relevant Date
Section 66 (1) of the 1992 Act (complaint of infringement of right not to be unjustifiably disciplined) . | The date of the making of the relevant determination by the trade union.
Section 68A (1) of the 1992 Act (complaint of infringement of right not to suffer deduction of unauthorised subscriptions) . | 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 1992 Act (complaint in respect of employer’s failure to comply with section 86 in respect of deductions for political fund) . | 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 1992 Act (complaint of inducements related to union membership or activities or collective bargaining) . | 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 1992 Act (complaint of breach of employer duty to consult representatives or requirements for election of representatives) . | 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 1992 Act (complaint of failure to pay remuneration under protective award) . | 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) . | 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 1996 Act (complaint of unauthorised deduction from wages or infringement of right not to have to make payment to employer) . | The date of payment of the wages from which the deduction in contravention of section 13 of the 1996 Act was made, or the date when the payment in contravention of section 15 of the 1996 Act was received, as the case may be. 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 1996 Act that are subject to the same limit under section 21 (1) of the 1996 Act and received by the employer on different dates, the last of the payments.
Section 34 (1) of the 1996 Act (complaint of failure to pay guarantee payment) . | The day in respect of which the employee is entitled to the guarantee payment.
Section 54 (1) of the 1996 Act (complaint of failure to permit time off for looking for work or training) . | 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 1996 Act (complaint of infringement of right to time off for ante-natal care appointments and right to time off for adoption appointments) . | The date of the appointment in question.
Section 57B of the 1996 Act (complaint of unreasonable refusal of time off for dependants) . | The date when the refusal occurred.
Section 63 (1) or 63C (1) of the 1996 Act (complaint of refusal to permit time off for employee representatives or time off for young person for study or training) . | 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 1996 Act (complaint of failure to comply with requirements related to employee application to undertake study or training) . | The ‘relevant date’ under section 63I (6) of the 1996 Act.
Section 70 (1) of the 1996 Act (complaint of failure to pay remuneration on suspension of work on medical or maternity grounds) . | The day in respect of which the employee is entitled to remuneration.
Section 70 (4) of the 1996 Act (complaint of failure to offer alternative work). | The first day of the suspension.
Section 70A (1) or (4) of the 1996 Act (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) . | The day on which the supply of the agency worker to a hirer was ended on maternity grounds.
Section 80H (1) of the 1996 Act (complaint of failure to comply with duties in relation to application for flexible working) . | The ‘relevant date’ under section 80H (6) of the 1996 Act.
Section 111 (1) of the 1996 Act (complaint of unfair dismissal) . | The effective date of termination (see section 97 of the 1996 Act).
Section 188 (1) of the 1996 Act (complaint of failure to make payment on insolvency of employer) . | 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) . | 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) . | The date of the failure or threat.
Section 120 of the Equality Act 2010 (complaint of a contravention of Part 5 of that Act) . | 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) . | 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.) . | 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) . | 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) . | 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) . | 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 2006 Regulations (complaint of failure to notify employee liability information). | The date of the relevant transfer.
Regulation 15 (1) of the 2006 Regulations (complaint of failure to inform or consult representatives). | The date on which the relevant transfer is completed.
Regulation 15 (10) of the 2006 Regulations (complaint of failure to pay compensation in pursuance of order). | 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) . | 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) . | 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.) . | 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) . | 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) . | 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.