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- Original (As enacted)
Employment Rights Act 2025 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date.![]()
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Part 2 Other matters relating to employment
Part 3 Pay and conditions in particular sectors
Part 4 Trade unions and industrial action, etc
Facilities provided to trade union representatives and members
Part 6 Miscellaneous and general
Schedules
Agency workers: guaranteed hours and rights relating to shifts
Consequential amendments relating to sections 1 to 5
3.(1) Section 12A (financial penalties) is amended as follows.
4.(1) Section 16 (power to provide for recoupment of benefits)...
5.In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—
8.In section 27A (exclusivity terms unenforceable in zero hours contracts),...
9.In section 27B (power to make further provision in relation...
10.After section 47G insert— Zero hours workers and similar (1) A worker has the right not to be subjected...
11.After section 47H (inserted by paragraph 10) insert— Agency workers...
14.After section 104B insert— Guaranteed hours (1) An employee who is dismissed is to be regarded...
15.After section 104BA (inserted by paragraph 14) insert— Guaranteed hours:...
16.In section 105 (redundancy)— (a) after subsection (7B) insert—
17.In section 108 (qualifying period of employment), in subsection (3)—...
19.In section 192 (armed forces), in subsection (2)(e), after “103”...
21.(1) Section 195 (House of Commons staff) is amended as...
24.(1) Section 202 (national security restrictions on disclosure of information)...
25.(1) Section 205 (remedy for infringement of certain rights) is...
26.(1) Section 206 (institution or continuance of tribunal proceedings) is...
27.In section 225 (calculation date for purposes of working out...
28.In section 227 (maximum amount of week’s pay), in subsection...
30.In section 236 (orders and regulations), in subsection (3) (regulations...
Seafarers’ wages and working conditions
5.In section 2 (non-qualifying seafarers), in paragraph (a), for “service...
6.Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations
7.In section 3 (request for declaration)— (a) in the heading,...
8.In section 4 (nature of declaration)— (a) in the heading,...
9.Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations
12.In section 5 (offence of operating service inconsistently with declaration)—...
13.(1) Section 6 (imposition of surcharges: failure to provide declaration...
14.In section 7 (imposition of surcharges: in-year declaration that is...
15.(1) Section 8 (imposition of surcharges: operating inconsistently with declaration)...
16.In section 11 (refusal of harbour access for failure to...
17.(1) Section 12 (provision of information by operators) is amended...
18.In section 13 (provision of information by harbour authorities), in...
21.After section 16 insert— Regulations about declarations (1) Regulations may make provision— (a) as to the period...
22.In section 17 (regulations)— (a) in the heading, at the...
23.(1) Section 19 (general interpretation) is amended as follows.
5.(1) Paragraph 14 (acceptance of applications: multiple applications) is amended...
8.Communication with workers through independent person after application
12.(1) Paragraph 23 (CAC to order ballot where majority of...
14.In paragraph 25 (rules relating to ballot), after sub-paragraph (1)...
15.(1) Paragraph 26 (duties of employer in relation to ballot)...
16.After paragraph 27 insert— (1) This paragraph applies if— (a) the union has (or...
17.Omit paragraphs 27A to 27F (unfair practices during ballot).
18.(1) Paragraph 28 (costs of ballot) is amended as follows....
19.(1) Paragraph 29 (result of ballot) is amended as follows....
21.In paragraph 36 (admissibility of applications: minimum support), for sub-paragraph...
22.(1) Paragraph 38 (admissibility of applications: overlapping bargaining unit) is...
23.In paragraph 39 (admissibility of applications: same bargaining unit), in...
24.In paragraph 40 (admissibility of applications: union not entitled to...
25.After paragraph 40 insert— (1) This paragraph applies if the CAC issues a declaration...
26.In paragraph 41 (admissibility of applications: union required to cease...
28.For paragraph 45 (validity of applications: minimum support) substitute— (1) The application in question is invalid unless the CAC...
29.(1) Paragraph 46 (validity of applications: overlapping bargaining unit) is...
30.In paragraph 47 (validity of applications: same bargaining unit), in...
31.In paragraph 48 (validity of applications: union not entitled to...
32.After paragraph 48 insert— (1) This paragraph applies if the CAC issues a declaration...
33.In paragraph 49 (validity of applications: union required to cease...
Part 3 Changes affecting bargaining unit after recognition
37.(1) Paragraph 70 (determination of bargaining unit by CAC) is...
38.In paragraph 75 (questions for CAC to decide where employer...
39.In paragraph 77 (CAC’s decision as to appropriateness of bargaining...
43.In paragraph 87 (powers of CAC where majority of workers...
44.In paragraph 88 (powers of CAC where majority of workers...
50.(1) Paragraph 118 (duties of employer in relation to ballot)...
51.In paragraph 119 (breach of paragraph 118), after sub-paragraph (4)...
52.After paragraph 119 insert— (1) This paragraph applies if— (a) the union has (or...
53.Omit paragraphs 119A to 119I (unfair practices during ballot).
54.(1) Paragraph 120 (costs of ballot) is amended as follows....
55.In paragraph 121 (result of ballot), for sub-paragraphs (1) and...
57.In paragraph 123 (derecognition where recognition automatic on specified terms),...
58.In paragraph 124 (derecognition where recognition automatic following changes to...
59.After paragraph 132 insert— Access agreements Paragraphs 116A to 116E apply if the CAC accepts an...
60.After paragraph 132A (inserted by paragraph 59 of this Schedule)...
61.(1) Paragraph 133 (ballot on derecognition) is amended as follows....
63.After paragraph 146A (inserted by paragraph 62 of this Schedule)...
64.(1) Paragraph 147 (ballot on derecognition) is amended as follows....
Legislation subject to enforcement under Part 5
Part 1 Relevant labour market legislation
2.Regulations under section 5 of that Act (conduct of employment...
4.Regulations under section 153(5)(b) of that Act (requirement to provide...
6.Section 14(3) of that Act (duty of employers to provide...
7.Regulations under section 130 of that Act (duties of employers),...
8.Social Security Contributions and Benefits (Northern Ireland) Act 1992
9.Regulations under section 149(5)(b) of that Act (requirement to provide...
10.Social Security Administration (Northern Ireland) Act 1992
11.Section 12(3) of that Act (duty of employers to provide...
12.Regulations under section 122 of that Act (duties of employers),...
15.Regulations under section 9 of that Act (duty of employers...
17.Regulations under section 12 of that Act (employer to provide...
18.Section 17 of that Act (non-compliance: worker entitled to additional...
19.Section 23 of that Act (right not to suffer detriment)....
24.Section 9 of that Act (modification, revocation or transfer of...
26.The references in paragraphs 22 and 25 to the Gangmasters...
32.Section 48(5) (entitlement of social care workers to be paid...
33.Sections 119 to 129 and 139 (LME undertakings and orders)....
Warrants under Part 5: further provision
Persons to whom information may be disclosed under section 135
Consequential amendments relating to Part 5
Part 1 Existing powers under relevant labour market legislation
4.(1) Section 11A (offences: extension of time limit) is amended...
6.In section 37D (unpaid amount of relevant sum: further provision),...
9.In section 37G (appeal against penalty notice), in subsection (3)(b),...
10.In section 37I (withdrawal of warning notice), in subsection (1)—...
11.In section 37J (withdrawal of penalty notice), in subsection (1)—...
12.In section 37K (replacement penalty notice), in subsection (1)—
14.In section 37O (modification in particular cases), in subsection (4)(a),...
15.In section 37P (giving of notices), in subsection (1)(a), for...
16.In section 37Q(1) (interpretation), omit the definition of “enforcement officer”....
18.Omit section 13 (appointment of officers) and the italic heading...
21.Omit section 16 (information obtained by agricultural wages officers).
22.In section 16A (disclosure of information by officers), in subsection...
27.Omit section 2 (directions etc to the Gangmasters and Labour...
28.In section 3 (work to which Act applies), for subsection...
29.(1) Section 7 (grant of licence) is amended as follows....
30.(1) Section 8 (general power to make rules) is amended...
31.(1) Section 9 (modification, revocation or transfer of licence) is...
32.In section 10 (appeals), in subsection (1), for “Authority” substitute...
33.(1) Section 11 (register of licences) is amended as follows....
34.In section 12 (offences: acting as a gangmaster, etc), in...
35.(1) Section 14 (offences: supplementary provisions) is amended as follows....
36.(1) Section 15 (enforcement and compliance officers) is amended as...
37.(1) Section 16 (powers of officers) is amended as follows....
38.(1) Section 17 (entry by warrant) is amended as follows....
39.(1) Section 18 (obstruction of officers) is amended as follows....
40.(1) Section 19 (information relating to gangmasters) is amended as...
41.Omit section 22A (relationship with other agencies: requests for assistance)....
43.(1) Section 25 (regulations, rules and orders) is amended as...
44.Omit Schedule 1 (consequential amendments of enactments).
45.(1) Schedule 2 (application of Act to Northern Ireland) is...
47.Omit section 11A (enforcement of Part 1 by Gangmasters and...
48.(1) Section 15 (slavery and trafficking prevention orders on application)...
49.In section 19 (requirement to provide name and address), in...
50.(1) Section 20 (variation, renewal and discharge) is amended as...
51.(1) Section 23 (slavery and trafficking risk orders) is amended...
52.In section 26 (requirement to provide name and address), in...
53.(1) Section 27 (variation, renewal and discharge) is amended as...
54.Omit section 30A (enforcement of Part 2 by Gangmasters and...
55.In section 33 (guidance), in subsection (1), for “, the...
56.In section 34 (interpretation of Part 2), in subsection (1),...
Transitional and saving provision relating to Part 5
Part 1 Abolition of existing enforcement authorities: transfer schemes
Part 2 Other transitional and saving provision
10.(1) This paragraph applies to a warrant under section 17...
13.(1) Any reference in section 135 to information obtained by...
14.The repeal of section 9 of the Employment Agencies Act...
16.(1) Where— (a) a slavery and trafficking prevention order requires...
17.(1) Where— (a) a slavery and trafficking risk order requires...
18.Notices of underpayment under the National Minimum Wage Act 1998
20.Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences
Increase in time limits for making claims
1.Safety Representatives and Safety Committees Regulations 1977
5.Health and Safety (Consultation with Employees) Regulations 1996
9.Transnational Information and Consultation of Employees Regulations 1999
10.Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
12.Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
13.Transfer of Undertakings (Protection of Employment) Regulations 2006
14.Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
15.Cross-border Railway Services (Working Time) Regulations 2008
16.European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
19.Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018
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