Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026

In brief

Brings into force the first set of ERA 2025 provisions: those operative immediately on Royal Assent (18 December 2025) and those operative on 18 February 2026, including the repeal of most of the Trade Union Act 2016 and the new protection against unfair dismissal for taking industrial action. Parental leave (s.15), paternity leave (s.16) and paternity leave after shared parental leave (s.17) came fully into force on 6 Apr 2026 by SI 2026/3 reg 4(2)–(4), with earlier partial commencement on 18 Feb 2026 by reg 3.

Key provisions

• reg.2 — Provisions in force immediately post-Royal-Assent : Commences specified provisions of ERA 2025 with immediate effect from Royal Assent.
• reg.3 — 18 February 2026 tranche — Trade Union Act 2016 repeals + industrial-action UD protection : Repeals most of the Trade Union Act 2016 and introduces the new protection against unfair dismissal for taking industrial action, with effect from 18 February 2026.
• reg.4 — 6 April 2026 tranche — parental leave and paternity leave (ss.15–17) : Parental leave (s.15), paternity leave (s.16) and paternity leave after shared parental leave (s.17) came fully into force on 6 Apr 2026 by SI 2026/3 reg 4(2)–(4), with earlier partial commencement on 18 Feb 2026 by reg 3.

When relevant

Establishing operative date for any ERA 2025 provision in force before 6 April 2026, and for parental leave and paternity leave (ss.15–17), which came fully into force on 6 April 2026 under reg 4.