Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026

In brief

Sixth commencement instrument under the Employment Rights Act 2025 (SI 2026/1065, made 1 October 2026). Regulation 3 brings into force on 30 October 2026: s.20 (employers to take all reasonable steps to prevent sexual harassment, amending EA 2010 s.40A(1)); s.21 (harassment by third parties, inserting EA 2010 s.40(1A)–(1C)); s.22 (a power to specify by regulations the steps to be regarded as reasonable, inserting EA 2010 s.40B); s.56 and Schedule 5 (seafarers' wages and working conditions); and, so far as not already in force, s.59 (trade union access to workplaces), s.60 and Schedule 6 (trade union recognition), s.64 (facilities for trade union officials and learning representatives) and s.65 (facilities for equality representatives). Regulations 4–8 make transitional and saving provision for the trade union provisions.

Key provisions

• reg.3(a)–(c) — 30 October 2026 tranche: employer harassment provisions (ERA 2025 ss.20–22) : Brings into force on 30 October 2026: s.20, under which EA 2010 s.40A(1) requires an employer to take all reasonable steps (previously reasonable steps) to prevent sexual harassment of its employees in the course of their employment; s.21, which inserts EA 2010 s.40(1A)–(1C), so that an employer must not permit a third party to harass its employee, and permits it only if the third party harasses the employee in the course of their employment and the employer failed to take all reasonable steps to prevent it, a third party being anyone other than the employer or an employee of the employer; and s.22, which inserts EA 2010 s.40B, a power for regulations to specify steps to be regarded as reasonable for preventing sexual harassment.
• reg.3(d)–(h) — 30 October 2026 tranche: seafarers and trade union provisions : Brings into force on 30 October 2026 s.56 and Schedule 5 (seafarers' wages and working conditions) and, so far as not already in force, s.59 (right of trade unions to access workplaces), s.60 and Schedule 6 (trade union recognition), s.64 (facilities provided to trade union officials and learning representatives) and s.65 (facilities for equality representatives).
• SI 2026/1065 regs.4–8 — Transitional and saving provisions (trade union provisions only) : Regulation 4 disapplies specified Schedule 6 amendments where the relevant application was received by the Central Arbitration Committee before 30 October 2026; regulations 5 and 6 save the effect of Central Arbitration Committee declarations issued before that date; regulations 7 and 8 make transitional provision for the time-off provisions amended or inserted by s.64 and s.65.

When relevant

Establishing the 30 October 2026 operative date for the employer harassment provisions of ERA 2025: the all reasonable steps standard in EA 2010 s.40A(1) (s.20), the third-party harassment provision in EA 2010 s.40(1A)–(1C) (s.21) and the regulation-making power in EA 2010 s.40B (s.22). These govern employers and their employees under EA 2010 Part 5; the third-party provision protects employees (not job applicants) from harassment by anyone other than the employer or its employees, such as customers, clients, service users, contractors and members of the public. Also the operative date for the seafarers' and trade union provisions in reg 3(d)–(h).