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15.05.2025
Employment Rights Bill - Creation of the Fair Work Agency
Last month we gave you an overview on the progress of key proposals within the new Employment Rights Bill.
One of these was the creation of the Fair Work Agency bringing together existing state enforcement functions under one roof, plus additional powers to enforce a wider range of employment rights over time.
In simple terms the FWA will have a wider reaching remit than first expected, giving it the power to investigate, inspect and take action against businesses that do not comply with the law.
These include:
➡️ powers to inspect workplaces and require employers to provide documents and evidence to demonstrate compliance with employment law.
➡️ a civil penalty regime for employers found to be underpaying their workers.
➡️ the power to bring cases to the employment tribunal on a worker’s behalf.
➡️ the enforcement of domestic agency rules, the minimum wage and licensing standards of gangmasters.
➡️ the enforcement of certain aspects of the Modern Slavery Act 2015 including taking action against serious labour exploitation.
➡️ the enforcement of holiday pay and statutory sick pay.
➡️ the power to impose charges to recover enforcement costs from non-compliant employers.
Creating the FWA is a complex exercise that’s likely to be implemented in phases, and no firm timescales have been given yet. As soon as we know more we will share it here!
If you would like to ask questions or get advice on specific elements of the Employment Rights Bill, our team are always up to date and just a phone call away.
Contact me to book a FREE 30-minute call today.
Employment solicitor supporting businesses and individuals with tailored employment law advice and HR solutions.
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