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

In brief

Fifth commencement instrument under the Employment Rights Act 2025 (SI 2026/954, made 1 September 2026, titled as an amendment instrument). Regulation 3 brings into force on 1 October 2026 s.152 and Schedule 12 (increase in time limits for making claims), subject to regulation 4. Schedule 12 increases from three months to six months the time limit for a range of employment tribunal claims; paragraph 18 changes the period in EA 2010 s.123(1)(a), for a complaint of a contravention of Part 5 (work), from 3 months to 6 months. Regulation 4 and the Schedule provide that the amendments do not apply where the relevant date occurs before 1 October 2026, and define the relevant date for each listed claim. Regulation 5 substitutes regulation for paragraph in the opening words of regulation 7(2) of SI 2026/323, correcting an error, from 2 September 2026.

Key provisions

• reg.3 — 1 October 2026: time limits for claims increased from three months to six (ERA 2025 s.152 and Schedule 12) : Brings into force on 1 October 2026, subject to regulation 4, s.152 and Schedule 12. As enacted, Schedule 12 increases from three months to six months the time limit for making a range of claims to an employment tribunal, including unfair dismissal (ERA 1996 s.111(2)), unauthorised deduction from wages (ERA 1996 s.23) and, by paragraph 18, a complaint of a contravention of Part 5 of the Equality Act 2010, by substituting 6 for 3 in s.123(1)(a).
• reg.4 and Schedule — Transitional rule: the relevant date : Regulation 4(1): the amendments made by Schedule 12 do not apply where the relevant date occurs before 1 October 2026. Regulation 4(2) defines the relevant date: for a complaint under an enactment in Table 1 or Table 2 of the Schedule, the date in the corresponding entry; for a reference under ERA 1996 s.11(1) where the employment has ceased, the date it ceased; in all other cases, the date of the act, conduct or failure complained of or, for a series of similar acts or failures, the last of them. For a complaint of a contravention of Part 5 of the Equality Act 2010 (s.120) the Table 1 entry is the date of the act, or the end of the period for conduct extending over a period, or the date the person in question decided on a failure to do something (see s.123). For a complaint of unfair dismissal (ERA 1996 s.111(1)) it is the effective date of termination.
• reg.5 — Correction to regulation 7(2) of SI 2026/323 : Substitutes regulation for paragraph in the opening words of regulation 7(2) of the Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026 (SI 2026/323), which now reads Where this regulation applies. By regulation 1(2) it has effect on the day after the day the instrument was made, 2 September 2026. The explanatory note says it corrects an error.

When relevant

Establishing the 1 October 2026 operative date and the transitional rule for the increase in employment tribunal time limits from three months to six under ERA 2025 s.152 and Schedule 12, including the six-month period in EA 2010 s.123(1)(a) for a complaint of a contravention of Part 5 (work). Use when a time-limit analysis for a work claim turns on whether the relevant date (the date of the act, the end of a continuing period, or the date a failure was decided on) falls before or on or after 1 October 2026. Unfair dismissal complaints follow the same rule, with the effective date of termination as the relevant date. The EHRC Employment Code (EHRC-EMP-COP) still states three months.