Employment Rights Act 2025 (Commencement No. 2 and Amendment) Regulations 2026

In brief

Second commencement instrument under ERA 2025 (SI 2026/323), made in consequence of a defect in SI 2026/3. Regulation 3 brings into force on 6 April 2026: s.23 (protection of disclosures relating to sexual harassment); s.24 (contractual duties of confidentiality relating to harassment and discrimination), in part; s.27 (dismissal following period of statutory family leave), in so far as not already in force; s.28 (dismissal for failing to agree to variation of a contract), in part; s.30 (collective redundancy consultation: protected period); s.33 (equality action plans); s.35 (duty to keep records relating to annual leave); ss.39–55 (social care negotiating body); and s.60 with Schedule 6 (trade union recognition), in part. Regulation 4 brings into force Part 5 (enforcement of labour market legislation, ss.92–112) in so far as it relates to the specified labour market legislation. It does NOT commence day-one paternity leave (s.16), day-one unpaid parental leave (s.17) or the statutory sick pay provisions: those were commenced in tranches by SI 2026/3 (ERA2025-COMM-2026-1), whose commencement table records the s.16 and s.17 remainder as 6 April 2026 under SI 2026/3.

Key provisions

• reg.3 — 6 April 2026 commencement tranche (s.23, s.27, s.33, ss.39–55, s.60/Sch 6) : Brings into force on 6 April 2026: s.23 (sexual-harassment protected disclosures); s.24 in part; s.27 (dismissal following period of statutory family leave), in so far as not already in force; s.28 in part; s.30; s.33 (equality action plans); s.35; ss.39–55 (social care negotiating body); s.60 with Schedule 6 in part.
• reg.4 — Part 5 — enforcement of labour market legislation : Brings into force ss.92–112 (delegation of functions, advisory board, enforcement officers and their powers, penalties, notices of underpayment and appeals) in so far as they relate to the specified labour market legislation.

When relevant

Establishing the 6 April 2026 operative date for ERA 2025 s.23 (sexual-harassment disclosures), s.27 (dismissal following statutory family leave), s.33 (equality action plans), the social-care negotiating body (ss.39–55) and Part 5 enforcement. For day-one paternity / unpaid parental leave and SSP dates cite ERA2025-COMM-2026-1 (SI 2026/3).