20.1. The new Fair Work Agency, an executive agency of the Department for Business and Trade, will be able to enforce rights as well as providing advice to employers on compliance with the law. According to the government, the current system relies largely on individuals taking personal responsibility for enforcing their rights, resulting in the failure of employers to be challenged on breaches.
20.2. The Fair Work Agency will be responsible for co-ordinating the enforcement of a wide range of employment rights including the National Minimum Wage, statutory sick pay and holiday pay. It will provide a central unified authority as a point of contact, bringing together existing enforcement bosies such as the HMRC (for minimum wage purposes), the Employment Standards Inspectorate and the Gangmasters and Labour Abuse Authority. It will have powers to challenge businesses that breach the law, and enforcement powers such as the issue of civil penalties, recovery of enforcement costs and the ability to take cases to employment tribunals on behalf of workers. It will be established on the 7th April 2026.
Limited access modeSorry, you need to be an HR Protect client to access this content.
HR Protect clients receive all the employment law advice they need across the year, delivered by experienced specialist lawyers, at a single fixed price. In addition, being a client gives you access to our templates, flowcharts and guidance notes on this Hub, where you can also return to your favourites, share content with colleagues, and manage your account.
For a full list of benefits, click here, or enquire to talk to one of our lawyers about how it could work for your organisation, and to receive a bespoke quotation.
Already have an account?
Log in below to access this content.