The Employment Appeal Tribunal (Amendment) (No. 2) Rules 2026 were made on 12 October 2026, laid before Parliament on 13 October 2026 and come into force on 3 November 2026. The instrument was signed by Sarah Sackman, Minister of State at the Ministry of Justice, acting under authority of the Lord Chancellor. The text also records that the Lord Chancellor consulted the Lord President of the Court of Session, as required by section 30 of the Employment Tribunals Act 1996. The measure amends the Employment Appeal Tribunal Rules 1993. It does not create a new employment right. Its function is procedural: to update the appeal rules so they expressly cover cases generated by the union workplace access provisions inserted into the Trade Union and Labour Relations (Consolidation) Act 1992 by the Employment Rights Act 2025.
The drafting changes are narrow but precise. References to section 70ZM(1) and (2) of the 1992 Act are added to the 1993 Rules in the provisions dealing with the institution of an appeal, service of the notice of appeal, respondents, a respondent's answer and cross-appeal, disposal of an appeal, and the drawing up and enforcement of orders. The instrument also adds the term determination in places where the rules previously referred to a declaration or decision. In Form 1A, used to start an appeal, it adds a further reference to an order under section 70ZI(5)(b) of the 1992 Act. In practice, that means the language of the rules now matches the outcomes the Central Arbitration Committee can issue under the new statutory scheme.
The legal background sits in Chapter 5ZA of Part 1 of the 1992 Act. The explanatory note states that this chapter concerns the right of trade unions to access workplaces, and that the relevant provisions were inserted by section 59(2) of the Employment Rights Act 2025. Before this amendment, the appellate rulebook had not been fully updated to reflect that new chapter. The 2026 Rules correct that by making clear that CAC determinations and declarations under section 70ZM, and related orders under Chapter 5ZA, can be handled through an express Employment Appeal Tribunal process.
In policy terms, this is a consequential amendment. When Parliament creates a new statutory right or decision-making process, the tribunal rules often need separate revision so that forms, service requirements and appeal routes line up with the parent Act. That alignment matters. Without it, parties can spend time arguing about whether a case fits an existing procedural route, whether the correct respondent has been named, or whether the wrong appeal form has been used. The amendment reduces that risk for disputes arising from union workplace access rights.
The Rules extend to England and Wales and Scotland. For employers and unions operating across Great Britain, that territorial point is important because it confirms where the amended appellate procedure applies. Those most likely to feel the immediate effect are trade unions seeking workplace access, employers responding to CAC applications or orders, and legal representatives preparing onward appeals. The change is mainly procedural: it adjusts how an appeal is framed and processed, rather than changing the substantive test the CAC applies at first instance.
The explanatory note says no impact assessment has been prepared because no, or no significant, effect on the private, voluntary or public sectors is foreseen. That signals the Government's view that the instrument is administrative in character and should not, by itself, create a material compliance burden. Even so, technical amendments of this kind carry practical weight in live cases. Appeal deadlines in employment matters are short, and uncertainty in the rules can create avoidable disputes over service, standing and jurisdiction before the tribunal reaches the merits.
The date to watch is 3 November 2026, which falls 21 days after the instrument was laid before Parliament on 13 October 2026. From that point, CAC cases arising from the workplace access provisions in Chapter 5ZA will need to follow the amended 1993 Rules when moving to the Employment Appeal Tribunal. The broader point is straightforward. The Employment Rights Act 2025 introduced a new union access framework; this instrument ensures the appellate machinery is expressed clearly in the secondary legislation that governs tribunal procedure.