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Employment Rights Act 2025

Type Public General Act

Publication 2025-12-18

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Section 8 (general power to make rules) is amended as follows.

(2) In the heading, omit “of Authority”.

(3) In subsection (1)—

(a) for the words from the beginning to “State” substitute “The Secretary of State may”;

(b) for “it” substitute “the Secretary of State”.

31

(1) Section 9 (modification, revocation or transfer of licence) is amended as follows.

(2) In subsection (1)—

(a) for “Authority” substitute “Secretary of State”;

(b) in paragraph (b), for “him” substitute “the Secretary of State”.

(3) In subsection (2), for “Authority” substitute “Secretary of State”.

(4) In subsection (3), for “Authority”, in both places it occurs, substitute “Secretary of State”.

32

In section 10 (appeals), in subsection (1), for “Authority” substitute “Secretary of State”.

33

(1) Section 11 (register of licences) is amended as follows.

(2) In subsection (1), for “The Authority shall establish and” substitute “The Secretary of State must”.

(3) In subsection (2), for “Authority” substitute “Secretary of State”.

(4) In subsection (3), for “Authority” substitute “Secretary of State”.

34

In section 12 (offences: acting as a gangmaster, etc), in subsection (6)(b), for “Authority” substitute “Gangmasters and Labour Abuse Authority or the Secretary of State”.

35

(1) Section 14 (offences: supplementary provisions) is amended as follows.

(2) In subsection (1), for “section 24A of the Police and Criminal Evidence Act 1984 (c. 60)” substitute “Article 26A of the Police and Criminal Evidence Act (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))”.

(3) Omit subsection (2A).

(4) In subsection (3), after “do not apply” insert “in England and Wales or”.

36

(1) Section 15 (enforcement and compliance officers) is amended as follows.

(2) For the heading substitute “Enforcement officers: Northern Ireland”.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“the Department”)”;

(b) after “this Act” insert “, so far as it applies in relation to Northern Ireland”.

(4) In subsection (2), for “Secretary of State” substitute “Department”.

(5) In subsection (3)—

(a) omit paragraph (a);

(b) after paragraph (b) insert—

(ba) any Minister within the meaning of the Northern Ireland Act 1998 or any Northern Ireland department,

;

(6) After subsection (3) insert—

(3A) Arrangements made under subsection (2) with a relevant authority within paragraph (b) or (e) of subsection (3) may provide for payments to be made by the Department in respect of the performance of any function to which the arrangements relate. (3B) Any sums received by virtue of subsection (3A) by a Minister of the Crown or government department are to be paid into the Consolidated Fund.

(7) Omit subsection (4).

(8) In subsection (5), omit “or a compliance officer”.

(9) In subsection (6), omit “or a compliance officer”.

(10) After subsection (6) insert—

(6ZA) For powers to enforce this Act so far as it applies in relation to England and Wales and Scotland, see Part 5 of the Employment Rights Act 2025.

(11) Omit subsection (6A).

37

(1) Section 16 (powers of officers) is amended as follows.

(2) Omit subsection (A1).

(3) In subsection (1), omit “or a compliance officer”.

38

(1) Section 17 (entry by warrant) is amended as follows.

(2) Omit subsection (A1).

(3) In subsection (1), for “written information” substitute “a written complaint”.

(4) After subsection (4) insert—

(4A) In this section a reference to section 6 is a reference to that section only so far as it applies in relation to Northern Ireland.

(5) Omit subsection (5).

39

(1) Section 18 (obstruction of officers) is amended as follows.

(2) In subsection (1)(a)—

(a) omit “or compliance officer”;

(b) omit the words from “or functions” to “officers)”.

(3) In subsection (2), omit “or compliance officer”.

(4) In subsection (3)—

(a) omit paragraph (a);

(b) in paragraph (b), omit “Scotland or”;

40

(1) Section 19 (information relating to gangmasters) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (aa) (but not the “and” after it);

(b) in paragraph (b), before sub-paragraph (i) insert—

(zi) the enforcement of this Act so far as it applies in relation to England and Wales and Scotland,

(3) In subsection (1A), omit paragraph (b) (and the “and” before it).

(4) Omit subsection (1B).

(5) In subsection (2)—

(a) for “subsection (1)(aa) or (b)” substitute “subsection (1)(b)”;

(b) after “supplied to” insert “, or used by,”.

41

Omit section 22A (relationship with other agencies: requests for assistance).

42

Omit section 24 (financial provision).

43

(1) Section 25 (regulations, rules and orders) is amended as follows.

(2) In subsection (3), after “regulations” insert “, rules”.

(3) Omit subsection (4).

(4) In subsection (5)—

(a) omit paragraph (a);

(b) omit paragraph (c) (and the “or” before it).

(5) In subsection (6)(b), omit “made by the Authority” and “of Authority”.

44

Omit Schedule 1 (consequential amendments of enactments).

45

(1) Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2) Omit paragraphs 3 to 6.

(3) In paragraph 9 (grant of licences), for “Authority” substitute “Secretary of State”.

(4) In the italic heading before paragraph 10, omit “of Authority”.

(5) In paragraph 10 (general power to make rules)—

(a) in sub-paragraph (1), omit “of Authority”;

(b) omit sub-paragraph (2);

(6) For paragraph 11 substitute—

(11) Regulations under section 10 that make provision for appeals against decisions made in connection with Northern Ireland licences may, if the relevant Northern Ireland department so agrees, confer functions on the relevant Northern Ireland department.

(7) In paragraph 12 (register of licences), for “The Authority shall establish and” substitute “The Secretary of State must”.

(8) Omit paragraph 14 (offences: supplementary provision).

(9) Omit paragraph 15 (enforcement and compliance officers).

(10) Omit paragraph 16 (entry by warrant).

(11) In paragraph 16A (information relating to gangmasters), in sub-paragraph (1), omit paragraphs (a) and (b) (and the “and” before paragraph (c)).

(12) Omit paragraph 16B (relationship with other agencies: requests for assistance).

(13) Omit paragraph 18 (financial provision).

Modern Slavery Act 2015

46

The Modern Slavery Act 2015 is amended as follows.

47

Omit section 11A (enforcement of Part 1 by Gangmasters and Labour Abuse Authority).

48

(1) Section 15 (slavery and trafficking prevention orders on application) is amended as follows.

(2) In subsection (1), for paragraph (d) substitute—

(ca) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.

(3) In subsection (7)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

(4) In subsection (8)(b)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

49

In section 19 (requirement to provide name and address), in subsection (7)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

50

(1) Section 20 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority, the Authority” substitute “the Secretary of State, the Secretary of State”.

(3) In subsection (9)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority”, in both places it occurs, substitute “the Secretary of State”.

51

(1) Section 23 (slavery and trafficking risk orders) is amended as follows.

(2) In subsection (1), for paragraph (d) substitute—

(ca) if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.

(3) In subsection (6)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

(4) In subsection (7)(b)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

52

In section 26 (requirement to provide name and address), in subsection (7)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority” substitute “the Secretary of State”.

53

(1) Section 27 (variation, renewal and discharge) is amended as follows.

(2) In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority, the Authority” substitute “the Secretary of State, the Secretary of State”.

(3) In subsection (7)—

(a) for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b) for “the Authority”, in both places it occurs, substitute “the Secretary of State”.

54

Omit section 30A (enforcement of Part 2 by Gangmasters and Labour Abuse Authority).

55

In section 33 (guidance), in subsection (1), for “, the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority” substitute “and the Director General of the National Crime Agency”.

56

In section 34 (interpretation of Part 2), in subsection (1), after the definition of “interim slavery and trafficking risk order” insert—

“labour market offence” has the same meaning as in Part 5 of the Employment Rights Act 2025;

Part 2 — Other consequential amendments

Public Records Act 1958

57

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, omit the entry relating to the Gangmasters and Labour Abuse Authority.

Parliamentary Commissioner Act 1967

58

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entries relating to—

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

Superannuation Act 1972

59

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which that Act applies), omit the entries relating to—

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

House of Commons Disqualification Act 1975

60

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a) in Part 2, omit the entry relating to the Gangmasters and Labour Abuse Authority;

(b) in Part 3, omit the entry relating to the Director of Labour Market Enforcement.

Northern Ireland Assembly Disqualification Act 1975

61

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership)—

(a) in Part 2, omit the entry relating to the Gangmasters and Labour Abuse Authority;

(b) in Part 3, omit the entry relating to the Director of Labour Market Enforcement.

Employment Protection Act 1975

62

In Schedule 13 to the Employment Protection Act 1975, omit paragraph 6.

Police and Criminal Evidence Act 1984

63

(1) Section 114B of the Police and Criminal Evidence Act 1984 (application of Act to labour abuse prevention officers) is amended as follows.

(2) In the heading, for “labour abuse prevention officers” substitute “enforcement officers”.

(3) In subsection (1), for “labour abuse prevention officers” substitute “enforcement officers”.

(4) Omit subsections (3), (4), (8) and (9).

(5) In subsection (10), for “Any other” substitute “A”.

(6) For subsection (11) substitute—

(11) In this section— - “enforcement officer” has the meaning given by section 90 (3) of the Employment Rights Act 2025; - “labour market offence” has the same meaning as in Part 5 of that Act (see section 151 (1) of that Act).

Companies Act 1985

64

In Schedule 15C to the Companies Act 1985, omit paragraph 7D.

Trade Union and Labour Relations (Consolidation) Act 1992

65

In section 251B of the Trade Union and Labour Relations (Consolidation) Act 1992 (prohibition on disclosure of information), in subsection (2), omit paragraph (ca).

Criminal Justice and Public Order Act 1994

66

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), after subsection (5) insert—

(5A) This section applies in relation to enforcement officers who— (a) are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and (b) are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984, as it applies in relation to constables.

(3) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), after subsection (4) insert—

(4A) This section applies in relation to enforcement officers who— (a) are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and (b) are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984, as it applies in relation to constables.

Deregulation and Contracting Out Act 1994

67

In Schedule 10 to the Deregulation and Contracting Out Act 1994, omit paragraph 1(4).

Employment Tribunals Act 1996

68

(1) The Employment Tribunals Act 1996 is amended as follows.

(2) In section 18 (conciliation: relevant proceedings etc), in subsection (1)(c), omit “, 19D(1)(a)”.

(3) In section 19A (conciliation: recovery of sums payable under settlements), omit subsection (10A).

(4) In section 21 (jurisdiction of Employment Appeal Tribunal), in subsection (1), after paragraph (ge) insert—

(gf) Part 5 of the Employment Rights Act 2025,

Employment Relations Act 1999

69

In Schedule 7 to the Employment Relations Act 1999, omit paragraph 4.

Immigration and Asylum Act 1999

70

In Schedule A1 to the Immigration and Asylum Act 1999, omit paragraph 17.

Finance Act 2000

71

In the Finance Act 2000, omit section 148 (use of minimum wage information).

Regulation of Investigatory Powers Act 2000

72

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities for purposes of sections 28 and 29 of that Act), omit paragraph 20E.

Freedom of Information Act 2000

73

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (bodies etc that are public authorities for the purposes of the Act), omit the entries relating to—

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

Police Reform Act 2002

74

(1) The Police Reform Act 2002 is amended as follows.

(2) In section 10 (general functions of Director General of Independent Office for Police Conduct)—

(a) in subsection (1), for paragraph (ga) substitute—

(ga) to carry out such corresponding functions in relation to enforcement officers (within the meaning of Part 5 of the Employment Rights Act 2025) acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984;

;

(b) in subsection (3)—

(i) after paragraph (bc) insert—

(bca) any regulations under section 26CA of this Act (enforcement officers appointed under Employment Rights Act 2025);

;

(ii) omit paragraph (bd).

(3) After section 26C insert—

(26CA) (1) The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984. (2) In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025. (3) Regulations under this section may, in particular— (a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part; (b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General. (4) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which— (a) the Director General has functions by virtue of this section, and (b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967. (5) The Secretary of State or an enforcement officer may disclose information to the Director General, or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General’s behalf, of a relevant complaints function. (6) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function— (a) by virtue of this section, or (b) under the Parliamentary Commissioner Act 1967. (7) Regulations under this section may, in particular, make— (a) further provision about the disclosure of information under subsection (5) or (6); (b) provision about the further disclosure of information that has been so disclosed. (8) A disclosure of information authorised by this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (9) But this section does not authorise a disclosure of information that— (a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (10) In this section— - “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); - “relevant complaints function” means a function in relation to the exercise of functions by enforcement officers.

(4) Omit section 26D (labour abuse prevention officers).

Employment Relations Act 2004

75

In Schedule 1 to the Employment Relations Act 2004, omit paragraphs 40 and 41.

Civil Partnership Act 2004

76

In Schedule 27 to the Civil Partnership Act 2004, omit paragraph 155.

Pensions Act 2004

77

In Schedule 3 to the Pensions Act 2004 (certain permitted disclosures of restricted information held by the Pensions Regulator), omit the entry relating to the Director of Labour Market Enforcement.

Serious Organised Crime and Police Act 2005

78

In Schedule 7 to the Serious Organised Crime and Police Act 2005, omit paragraph 62.

Natural Environment and Rural Communities Act 2006

79

In Schedule 7 to the Natural Environment and Rural Communities Act 2006 (designated bodies), omit paragraph 13.

Regulatory Enforcement and Sanctions Act 2008

80

In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 (designated regulators), omit the entry relating to the Gangmasters and Labour Abuse Authority.

Employment Act 2008

81

In the Employment Act 2008, omit the following—

(a) section 9(1) and (2);

(b) section 16;

Equality Act 2010

82

In Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty), omit the entry relating to the Gangmasters and Labour Abuse Authority.

Financial Services Act 2012

83

In Schedule 18 to the Financial Services Act 2012, omit paragraph 36.

Modern Slavery Act 2015

84

(1) The Modern Slavery Act 2015 is amended as follows.

(2) In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5), omit paragraph (k).

(3) Omit section 54A (Gangmasters and Labour Abuse Authority: information gateways).

(4) In section 58(4) (regulations), omit paragraph (ja).

(5) In section 60 (extent)—

(a) in subsection (1), omit “and section 54A, and Schedule 4A, in Part 7”;

(b) in subsection (3), omit “(except for section 54A and Schedule 4A)”.

(6) In Schedule 3, omit the following—

(a) the entry relating to the Gangmasters and Labour Abuse Authority;

(b) the entry relating to the Director of Labour Market Enforcement;

(7) Omit Schedule 4A.

Small Business, Enterprise and Employment Act 2015

85

In the Small Business, Enterprise and Employment Act 2015, omit the following—

(a) in section 150, subsections (4) and (7);

(b) section 152.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

86

In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (slavery and trafficking prevention orders), in Part 3, in paragraph 18(7), in the definition of “relevant function”, omit “or the Gangmasters and Labour Abuse Authority”.

Immigration Act 2016

87

In the Immigration Act 2016, omit the following—

(a) sections 2 to 9;

(b) section 10;

(d) section 12(2);

(e) section 13;

(f) sections 14 to 30;

(g) sections 32 and 33;

(h) Schedule 1;

(i) in Schedule 2, paragraphs 1 to 7, 9, 16 and 17;

(j) in Schedule 3, paragraphs 1 to 12, 14 to 16, 17(b), 18 to 22, 23(4)(b), 24(2) and (3) and 25 to 36.

Investigatory Powers Act 2016

88

(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In Part 1 of Schedule 4, in the Table, omit the entry relating to the Gangmasters and Labour Abuse Authority.

(3) In Schedule 10, omit paragraph 35.

Policing and Crime Act 2017

89

In Schedule 9 to the Policing and Crime Act 2017, omit paragraph 36.

Data Protection Act 2018

90

In Schedule 19 to the Data Protection Act 2018, omit paragraphs 191 and 197.

Sentencing Act 2020

91

In section 379(1) of the Sentencing Act 2020 (other behaviour orders etc), after the entry for the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 insert—

Employment Rights Act 2025
section 125	labour market enforcement order	labour market offence within the meaning of Part 5 of that Act.

Police, Crime, Sentencing and Courts Act 2022

92

In Part 2 of Schedule 3 to the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices: authorised persons in relation to all purposes within section 37), after the entry relating to section 15 of the Gangmasters (Licensing) Act 2004 insert—

A person who is an enforcement officer for the purposes of Part 5 of the Employment Rights Act 2025.

Procurement Act 2023

93

(1) The Procurement Act 2023 is amended as follows.

(2) In Part 1 of Schedule 6 (mandatory exclusion grounds: offences), in paragraph 26, for “section 27 of the Immigration Act 2016” substitute “section 139 of the Employment Rights Act 2025”.

(3) In Schedule 7 (discretionary exclusion grounds), in paragraph 1(d), for “section 18 of the Immigration Act 2016” substitute “section 123 of the Employment Rights Act 2025”.

Schedule 11

Part 1 — Abolition of existing enforcement authorities: transfer schemes

Staff transfer schemes

1

(1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for a designated employee of the GLAA to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee’s employment with the GLAA to have effect as if they were the conditions of service as a member of the Secretary of State’s staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the GLAA under or in connection with the employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the GLAA in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

(2) A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State’s staff to count as a period during which the employee was a member of the Secretary of State’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a member of the Secretary of State’s staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the GLAA to become a member of the Secretary of State’s staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

2

(1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the GLAA or the Director to the Secretary of State of designated property, rights or liabilities.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the GLAA or the Director in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Secretary of State;

(d) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

3

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the GLAA or the Director before the transfer takes effect.

Supplementary provision, etc

4

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional or consequential provision.

Interpretation

5

In this Part of this Schedule—

“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

“the Director” means the Director of Labour Market Enforcement;

“the GLAA” means the Gangmasters and Labour Abuse Authority.

Part 2 — Other transitional and saving provision

General

6

(1) Anything which—

(a) was done by or in relation to a relevant person for the purpose of, or in connection with, any function of the person under a provision amended or repealed by Part 1 of Schedule 10, and

(b) is in effect immediately before the day on which the amendment or repeal comes into force,

has effect, on and after that day, as if done by or in relation to the Secretary of State.

(2) Anything (including legal proceedings) which—

(a) relates to a function of a relevant person under a provision amended or repealed by Part 1 of Schedule 10, and

(b) immediately before the day on which the amendment or repeal comes into force, is in the process of being done by or in relation to that person,

may be continued, on and after that day, by or in relation to the Secretary of State.

(3) Where anything mentioned in sub-paragraph (1) or (2) was done, or is in the process of being done, under a provision repealed by Schedule 10, that thing has effect as if done under, or may be continued under, the corresponding provision of this Act.

(4) In this paragraph “relevant person” means—

(a) an officer acting for the purposes of the Employment Agencies Act 1973;

(b) an officer acting for the purposes of Part 2A of the Employment Tribunals Act 1996;

(d) the Gangmasters and Labour Abuse Authority;

(e) an enforcement officer acting for the purposes of the Gangmasters (Licensing) Act 2004, other than an enforcement officer appointed by virtue of paragraph 15 of Schedule 2 to that Act (enforcement officers in Northern Ireland);

(f) a compliance officer acting for the purposes of that Act;

(g) an officer of the Gangmasters and Labour Abuse Authority acting for the purposes of any other enactment.

(5) Sub-paragraphs (1) to (3) are subject to the remaining provisions of this Schedule (and see also section 155, which confers power to make transitional or saving provision).

Powers to obtain documents etc

7

(1) Any requirement to provide documents or information which—

(a) was made under a repealed provision before the commencement day, and

(b) immediately before the commencement day, has not been complied with,

is to be treated, on and after that day, as having been made under the corresponding provision of this Act.

(2) Any document which, immediately before the commencement day, was retained in the exercise of a power conferred by a repealed provision is to be treated, on and after that day, as retained under section 100.

(3) In this paragraph—

“the commencement day”, in relation to a repealed provision, means the day on which the repeal of that provision comes into force;

“repealed provision” means a provision repealed by Part 1 of Schedule 10.

Labour abuse prevention officers

8

(1) Anything which—

(a) was done by or in relation to a labour abuse prevention officer in, or in connection with, the exercise of a function conferred on the officer by virtue of section 114B of the Police and Criminal Evidence Act 1984 (“PACE”), and

(b) is in effect immediately before the day on which paragraph 63 of Schedule 10 comes into force (“the relevant day”),

has effect, on and after that day, as if done by or in relation to a relevant enforcement officer.

(2) Anything which—

(a) relates to a function conferred on a labour abuse prevention officer by virtue of section 114B of PACE, and

(b) immediately before the relevant day, is in the process of being done by or in relation to such an officer,

may be continued, on and after that day, by or in relation to a relevant enforcement officer.

(3) In this paragraph—

“labour abuse prevention officer” has the meaning given by section 114B of PACE (as that section had effect immediately before the relevant day);

“relevant enforcement officer”, in relation to a function conferred by virtue of section 114B of PACE, means an enforcement officer on whom that function is conferred by virtue of that section (as it has effect on and after the relevant day).

Warrants

9

(1) This paragraph applies to an application for a warrant under section 17 of the Gangmasters (Licensing) Act 2004 (“the 2004 Act”) which—

(a) is made in England and Wales or Scotland before the day on which paragraph 38 of Schedule 10 comes into force, and

(b) is not determined or withdrawn before that day.

(2) The application is to be treated, on and after that day, as an application made by an enforcement officer for a warrant under section 102 of this Act.

10

(1) This paragraph applies to a warrant under section 17 of the 2004 Act which—

(a) is issued under that section before the day on which paragraph 38 of Schedule 10 comes into force, and

(b) is not executed before that day.

(2) The warrant is to be treated for the purposes of section 102 of this Act as if it had been issued under that section.

(3) That section applies in relation to the warrant as if—

(a) in subsection (4)(a), after “bring” there were inserted “any persons or”, and

(b) after subsection (4) there were inserted—

(4A) On leaving any premises which an enforcement officer is authorised to enter by a warrant under this section, the officer must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the officer found them.

(4) Section 131 and Schedule 8 do not apply in relation to the warrant.

LME undertakings and orders

11

(1) Anything which—

(a) was done by an enforcing authority for the purpose of, or in connection with, any of sections 14 to 30 of the Immigration Act 2016 (“the 2016 Act”), and

(b) is in effect immediately before the commencement day,

has effect, on and after that day, as if done by the Secretary of State under the corresponding provision of this Act.

(2) Anything (including legal proceedings) which—

(a) relates to a function of an enforcing authority under any of sections 14 to 30 of the 2016 Act, and

(b) immediately before the commencement day, is in the process of being done by or in relation to the enforcing authority,

may be continued, on and after that day, by or in relation to the Secretary of State under the corresponding provision of this Act.

(3) Accordingly—

(a) any undertaking given under section 14(3) of the 2016 Act and having effect immediately before the commencement day is to be treated, on and after that day, as an LME undertaking;

(b) any order made under section 18 or 20 of the 2016 Act and having effect immediately before the commencement day is to be treated, on and after that day, as an LME order.

(4) In this paragraph—

“the commencement day” means the day on which the repeal of sections 14 to 30 of the 2016 Act comes into force;

“enforcing authority” has the meaning given by section 14(5) of the 2016 Act (as it had effect immediately before the commencement day).

Information

12

(1) This paragraph applies to information which—

(a) was obtained in the course of—

(i) exercising the powers conferred by section 9 of the Employment Agencies Act 1973 (“the 1973 Act”), or

(ii) exercising powers by virtue of section 26(1) of the Immigration Act 2016, and

(b) immediately before the coming into force of paragraph 2 of Schedule 10, is held by an officer acting for the purposes of the 1973 Act.

(2) On the coming into force of that paragraph, information to which this paragraph applies vests in the Secretary of State.

13

(1) Any reference in section 135 to information obtained by the Secretary of State in connection with the exercise of any enforcement function includes a reference to—

(a) any information which the Secretary of State obtains by virtue of paragraph 12;

(b) any information which, immediately before the coming into force of paragraph 20 of Schedule 10, the Secretary of State holds by virtue of section 15(2) of the National Minimum Wage Act 1998;

(c) any information which, immediately before the coming into force of paragraph 21 of that Schedule, the Secretary of State holds by virtue of section 16(2) of that Act;

(d) any information which the Secretary of State obtains by virtue of a property transfer scheme under paragraph 2 of this Schedule.

(2) Any reference in section 137 to HMRC information includes a reference to any information mentioned in sub-paragraph (1)(a) or (d) which—

(a) was disclosed to the Director of Labour Market Enforcement or a person falling within paragraph (a), (d), (e), (f) or (g) of paragraph 6(4) by the Commissioners for His Majesty’s Revenue and Customs or a person acting on behalf of the Commissioners, and

(b) was not obtained by an officer in the course of acting for the purposes of the National Minimum Wage Act 1998 or by virtue of section 26(2) of the Immigration Act 2016.

14

The repeal of section 9 of the Employment Agencies Act 1973 (inspection) by paragraph 3 of Schedule 10 does not prevent the use in evidence against a person, in criminal proceedings taking place on or after the day on which that repeal comes into force, of a statement made before that day by the person in compliance with a requirement under that section (subject to subsection (2B) of that section).

Orders under Modern Slavery Act 2015

15

The reference in paragraph 30(2)(b) of Schedule 7 to an investigation conducted by or on behalf of the Secretary of State includes, in relation to any order made under section 14 of the Modern Slavery Act 2015 before the coming into force of that paragraph, a reference to an investigation conducted by a labour abuse prevention officer (within the meaning of section 114B of the Police and Criminal Evidence Act 1984 as that section had effect before the coming into force of paragraph 63 of Schedule 10).

16

(1) Where—

(a) a slavery and trafficking prevention order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 19 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b) immediately before the day on which paragraph 49 of Schedule 10 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2) On and after the coming into force of paragraph 50 of Schedule 10, the reference in section 20(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking prevention order made on an application under section 15 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3) In this paragraph “slavery and trafficking prevention order” has the same meaning as in the 2015 Act.

17

(1) Where—

(a) a slavery and trafficking risk order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 26 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b) immediately before the day on which paragraph 52 of Schedule 10 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2) On and after the coming into force of paragraph 53 of Schedule 10, the reference in section 27(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking risk order made on an application under section 23 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3) In this paragraph “slavery and trafficking risk order” has the same meaning as in the 2015 Act.

Notices of underpayment under the National Minimum Wage Act 1998

18

Except so far as provided for by paragraph 6(1) or (2) of this Schedule, the repeal of sections 19 to 19H of the National Minimum Wage Act 1998 by paragraph 23 of Schedule 10 does not apply in relation to any notice served under any of those sections before the coming into force of that repeal (and accordingly paragraph 6(3) of this Schedule does not apply in relation to things done, or in the process of being done, under any of those sections).

Enforcement of agricultural wages legislation

19

The amendments made by paragraphs 17 to 24, 68(2), 81(a) and 85(b) of Schedule 10 do not affect any provision of the National Minimum Wage Act 1998 so far as it has effect for the purposes of any of the following—

(a) the Agricultural Wages Act 1948;

(b) the Agricultural Sector (Wales) Act 2014 (anaw 6);

(d) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (S.I. 1977/2151 (N.I. 22)).

Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

20

The amendment made by paragraph 45(6) of Schedule 10 does not affect any regulations under section 10 of the Gangmasters (Licensing) Act 2004 (appeals) made by a Northern Ireland department in reliance on paragraph 11 of Schedule 2 to that Act as that paragraph had effect immediately before the coming into force of that amendment.

Schedule 12

Safety Representatives and Safety Committees Regulations 1977

1

(1) In regulation 11 of the Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500) (time off for safety representatives), in paragraph (2), for “three”, in both places it occurs, substitute “six”.

(2) In regulation 12 of those Regulations—

(a) in paragraph (2), for “three” substitute “six”;

(b) in paragraph (3), for “three” substitute “six”;

Trade Union and Labour Relations (Consolidation) Act 1992

2

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 66 (unjustifiable discipline by union), in subsection (2)(a), for “three” substitute “six”.

(3) In section 68A (unauthorised deduction of union subscriptions), in subsection (1)(a), for “three” substitute “six”.

(4) In section 70C (collective bargaining: obligations relating to training), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(5) In section 87 (unlawful deduction of contributions to political fund), in subsection (2)(a), for “three” substitute “six”.

(6) In section 139 (refusal of employment on grounds related to union membership), in subsection (1)(a), for “three” substitute “six”.

(7) In section 145C (inducements), in subsection (1)(a), for “three” substitute “six”.

(8) In section 147 (detriment for trade union activities), in subsection (1)(a), for “three” substitute “six”.

(9) In section 171 (time off for trade union activities), in subsection (1)(a), for “three” substitute “six”.

(10) In section 189 (consultation in collective redundancy), in subsection (5)—

(a) in paragraph (b), for “three” substitute “six”;

(b) in paragraph (c), for “three” substitute “six”.

(11) In section 192 (remuneration under protective award), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(12) In paragraph 157 of Schedule A1 (detriment in relation to trade union recognition), in sub-paragraph (1)(a), for “3” substitute “6”.

Pension Schemes Act 1993

3

In section 126 of the Pension Schemes Act 1993 (unpaid pension contributions), in subsection (2), for “three” substitute “six”.

Employment Rights Act 1996

4

(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 11 (written statements), in subsection (4)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(3) In section 23 (protection of wages)—

(a) in subsection (2), for “three” substitute “six”;

(b) in subsection (4), for “three” substitute “six”.

(4) In section 27N (information relating to tips etc)—

(a) in subsection (2), for “three” substitute “six”;

(b) in subsection (3), for “three” substitute “six”.

(5) In section 34 (guarantee payments), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(6) In section 48 (detriment in employment), in subsection (3)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(7) In section 51 (time off for public duties), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(8) In section 54 (time off following redundancy), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(9) In section 57 (time off for ante-natal care), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(10) In section 57ZC (time off for ante-natal care: agency workers), in subsection (3)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(11) In section 57ZF (time off to accompany to ante-natal appointment), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(12) In section 57ZH (time off to accompany to ante-natal appointment: agency workers), in subsection (3)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(13) In section 57ZM (time off to attend adoption appointments), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(14) In section 57ZQ (time off to attend adoption appointments: agency workers), in subsection (3)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(15) In section 57B (time off for dependants), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(16) In section 60 (time off for pension scheme trustees), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(17) In section 63 (time off for employee representatives), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(18) In section 63C (time off for study or training), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(19) In section 63I (requests in relation to study or training), in subsection (5)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(20) In section 70 (rights following suspension from work)—

(a) in subsection (2)—

(i) in paragraph (a), for “three” substitute “six”;

(ii) in paragraph (b), for “three” substitute “six”;

(b) in subsection (5)—

(i) in paragraph (a), for “three” substitute “six”;

(ii) in paragraph (b), for “three” substitute “six”.

(21) In section 70A (rights of agency worker where supply is ended on maternity grounds)—

(a) in subsection (2)—

(i) in paragraph (a), for “three” substitute “six”;

(ii) in paragraph (b), for “three” substitute “six”;

(b) in subsection (5)—

(i) in paragraph (a), for “three” substitute “six”;

(ii) in paragraph (b), for “three” substitute “six”.

(22) In section 80 (parental leave), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(23) In section 80H (right to request flexible working), in subsection (5)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(24) In section 80N (carer’s leave), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(25) In section 111 (unfair dismissal), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

(26) In section 188 (rights on insolvency of employer), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

Health and Safety (Consultation with Employees) Regulations 1996

5

(1) In paragraph 3 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513) (time off for representatives of employee safety etc), for “three”, in both places it occurs, substitute “six”.

(2) In paragraph 3A of that Schedule—

(a) in sub-paragraph (2), for “three” substitute “six”;

(b) in sub-paragraph (3), for “three” substitute “six”;

Working Time Regulations 1998

6

In regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (rights as to working time), in paragraph (2)—

(a) in sub-paragraph (a), for the words from “three months” to “six months)” substitute “six months”;

(b) in sub-paragraph (b), omit “three or, as the case may be,”.

National Minimum Wage Act 1998

7

In section 11 of the National Minimum Wage Act 1998 (access to records)—

(a) in subsection (3), for “three” substitute “six”;

(b) in subsection (4), for “three” substitute “six”.

Employment Relations Act 1999

8

In section 11 of the Employment Relations Act 1999 (right to be accompanied), in subsection (2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

Transnational Information and Consultation of Employees Regulations 1999

9

(1) In regulation 27 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a European Works Council etc)—

(a) in the heading, for “tribunals” substitute “employment tribunals in Great Britain”;

(b) in paragraph (1), for the words from “complaint,” to “, that” substitute “complaint to an employment tribunal in Great Britain that”;

(i) in sub-paragraph (a), for “three” substitute “six”;

(ii) in sub-paragraph (b), for “three” substitute “six”;

(d) omit paragraph (2B).

(2) In the heading of regulation 27A of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings), at the end insert “in Great Britain”.

(3) After regulation 27A of those Regulations insert—

(27AA) (1) An employee may present a complaint to an industrial tribunal in Northern Ireland that the employee’s employer– (a) has unreasonably refused to permit the employee to take time off as required by regulation 25; or (b) has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26. (2) A tribunal shall not consider a complaint under this regulation unless it is presented– (a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Regulation 27B (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland) applies for the purposes of paragraph (2). (4) Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect. (5) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which the employee would have been entitled under regulation 26 if the employer had not refused. (6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to the employee.

(4) In regulation 27B of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland)—

(a) in paragraph (2), for “27(2)(a)” substitute “27AA(2)(a)”;

(b) in paragraph (3), for “27(2)(a)” substitute “27AA(2)(a)”;

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

10

In regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049) (merchant shipping: rights as to working time), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

Civil Aviation (Working Time) Regulations 2004

11

In regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (S.I. 2004/756) (civil aviation: rights as to working time), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

12

In regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713) (fishing vessels: rights to rest and leave), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

Transfer of Undertakings (Protection of Employment) Regulations 2006

13

(1) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) are amended as follows.

(2) In regulation 12 (notification of employee liability information), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

(3) In regulation 15 (information and consultation requirements), in paragraph (12)—

(a) in the words before sub-paragraph (a), for “three” substitute “six”;

(b) in the words after sub-paragraph (b), for “three” substitute “six”.

Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

14

In the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) (employment rights and protections in connection with consultation), in paragraph 4(2)—

(a) in paragraph (a), for “three” substitute “six”;

(b) in paragraph (b), for “three” substitute “six”.

Cross-border Railway Services (Working Time) Regulations 2008

15

In regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660) (cross-border railway services: rights as to working time), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

16

In regulation 28 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401) (time off for members of special negotiating body etc), in paragraph (2)—

(a) in sub-paragraph (a), for “three” substitute “six”;

(b) in sub-paragraph (b), for “three” substitute “six”.

Agency Workers Regulations 2010

17

In regulation 18 of the Agency Workers Regulations 2010 (S.I. 2010/93) (rights of agency workers), in paragraph (4), for “three” substitute “six”.

Equality Act 2010

18

In section 123 of the Equality Act 2010 (discrimination etc at work), in subsection (1)(a), for “3” substitute “6”.

Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

19

In regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58) (rights of seafarers to leave), in paragraph (6), for “three” substitute “six”.

Right to guaranteed hours

Shifts: rights to reasonable notice

Right to payment for cancelled, moved and curtailed shifts

Agency workers: guaranteed hours and rights relating to shifts

Collective agreements: contracting out

Amendments relating to sections 1 to 5

Repeal of Workers (Predictable Terms and Conditions) Act 2023

Exclusivity terms in zero hours arrangements

Right to request flexible working

Statutory sick pay in Great Britain: removal of waiting period

Statutory sick pay in Great Britain: lower earnings limit etc

Statutory sick pay in Northern Ireland: removal of waiting period

Statutory sick pay in Northern Ireland: lower earnings limit etc

Policy about allocating tips etc: consultation and review

Parental leave: removal of qualifying period of employment

Paternity leave: removal of qualifying period of employment

Ability to take paternity leave following shared parental leave

Bereavement leave

Review of extent of right to time off for public duties

Employers to take all reasonable steps to prevent sexual harassment

Harassment by third parties

Sexual harassment: power to make provision about “reasonable steps”

Protection of disclosures relating to sexual harassment

Contractual duties of confidentiality relating to harassment and discrimination

Dismissal during pregnancy

Dismissal following period of statutory family leave

Dismissal for failing to agree to variation of contract, etc

Collective redundancy: extended application of requirements

Collective redundancy consultation: protected period

Collective redundancy notifications: ships’ crew

Public sector outsourcing: protection of workers

Equality action plans

Provision of information relating to outsourced workers

Duty to keep records relating to annual leave

Extension of regulation of employment businesses

Guidance about the employment of children on heritage railways

Pay and conditions of school support staff in England

Membership, procedure, etc of Negotiating Body

Matters within Negotiating Body’s remit

Consideration of matters by Negotiating Body

Reconsideration by Negotiating Body

Failure to reach an agreement

Power to ratify agreements

Effect of regulations ratifying agreement

Power of appropriate authority to deal with matters

Guidance and codes of practice

Duty of employers to keep records

Agency workers who are not otherwise “workers”

Regulations under section 46 or 48: supplementary

Regulations under this Chapter

Status of agreements, etc

Interpretation of this Chapter

Seafarers’ wages and working conditions

International agreements relating to maritime employment

Right to statement of trade union rights

Right of trade unions to access workplaces

Trade union recognition

Political funds: requirement to pass political resolution

Requirement to contribute to political fund

Deduction of trade union subscriptions from wages in public sector

Facilities provided to trade union officials and learning representatives

Facilities for equality representatives

Facility time: publication requirements and reserve powers

Blacklists: additional powers

Industrial action ballots: turnout threshold

Industrial action ballots: support thresholds

Industrial action ballots: information to be included in notices to employers

Industrial action ballots: information to be included on voting paper

Period after which industrial action ballot ceases to be effective

Electronic balloting

Notice to employers of industrial action

Union supervision of picketing

Protection against detriment for taking industrial action

Protection against dismissal for taking industrial action

Repeal of provision about minimum service levels

Annual returns: removal of provision about industrial action

Annual returns: removal of provision about political expenditure

Removal of powers to enforce requirements relating to annual returns

Removal of investigatory powers

Powers to be exercised only on application

Removal of power to impose financial penalties

Removal of power to impose levy

Appeals to the Employment Appeal Tribunal

Employment outside Great Britain

Regulations subject to affirmative resolution procedure

Devolved Welsh authorities

Enforcement of labour market legislation by Secretary of State

Enforcement functions of Secretary of State

Delegation of functions

Advisory Board

Labour market enforcement strategy

Annual reports

Power to obtain documents or information

Power to enter premises in order to obtain documents, etc

Power to enter dwelling subject to warrant

Supplementary powers in relation to documents

Retention of documents

Powers of enforcement officers under Police and Criminal Evidence Act 1984

Offences relating to gangmasters: power to enter premises with warrant

Power to give notice of underpayment

Calculation of the required sum

Period to which notice of underpayment may relate

Notices of underpayment: further provision

Penalties for underpayment

Further provision about penalties

Suspension of penalty where criminal proceedings have been brought, etc

Appeals against notices of underpayment

Withdrawal of notice of underpayment

Replacement notice of underpayment

Effect of replacement notice of underpayment

Enforcement of requirement to pay sums due to individuals

Enforcement of requirement to pay penalty

Power to bring proceedings in employment tribunal

Power to provide legal assistance

Recovery of costs of legal assistance

Power to request LME undertaking

Measures in LME undertakings

Duration of LME undertakings

Means of giving notice under section 119

Power to make LME order on application

Applications for LME orders

Power to make LME order on conviction

Measures in LME orders

Further provision about LME orders

Variation and discharge of LME orders

LME orders: appeals

Evidence of authority

Warrants

Items subject to legal privilege

Privilege against self-incrimination

Information relating to the intelligence services, etc

Disclosure of information

Disclosure of information: supplementary provision

Restriction on disclosure of HMRC information

Restriction on disclosure of intelligence service information

Offence of failing to comply with LME order

Offence of providing false information or documents

Providing false information or documents: national security etc defence

Offence of obstruction

Power to recover costs of enforcement

Offences by bodies corporate

Application of this Part to partnerships

Application of this Part to unincorporated associations

Application of this Part to the Crown and Parliament

Abolition of existing enforcement authorities

Consequential and transitional provision

Meaning of “non-compliance with relevant labour market legislation”

Interpretation: general

Increase in time limits for making claims

Orders and regulations under Employment Rights Act 1996: procedure

Power to make consequential amendments

Power to make transitional or saving provision

Regulations

Financial provision

Extent

Commencement

Before Schedule 1 to the Employment Rights Act 1996 insert—

Insolvency Act 1986

Employment Rights Act 1996

Employment Relations Act 1999

Enterprise and Regulatory Reform Act 2013

Coronavirus Act 2020

Power to make further consequential amendments

Amendment of Seafarers’ Wages Act 2023

Consequential amendments

Pre-commencement consultation

Amendment of Seafarers’ Wages Act 2023

Part 1 of the Act: relevant services

Chapter 1 of Part 2 of the Act: non-qualifying seafarers

Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations

Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations

Part 3 of the Act: seafarers’ working conditions

Part 4 of the Act: enforcement of Parts 2 and 3

Part 5 of the Act: general and final provisions

Amendment of title of the Act

Meaning of “the application day”

Acceptance of applications

Withdrawal of application

Notice to cease consideration of application

Communication with workers through independent person after application

Access agreements

Unfair practices

Powers of CAC on proceeding with application

Interpretation

General provisions about admissibility of applications

General provisions about validity of applications

Competing applications

Voluntary recognition

Changes relevant to appropriateness of bargaining unit

Access agreements

Unfair practices

Powers of CAC where CAC decides new unit appropriate

Withdrawal of application

Access agreements

Employment Agencies Act 1973

Employment Tribunals Act 1996

National Minimum Wage Act 1998

Working Time Regulations 1998

Gangmasters (Licensing) Act 2004

Fraud Act 2006

Modern Slavery Act 2015

Employment Rights Act 2025

Applications for warrants

Safeguards in connection with power of entry conferred by warrant

Warrant to be executed within three months

Time of entry

Evidence of authority etc

Securing premises after entry

Return and retention of warrants

Employment Agencies Act 1973

Public Records Act 1958

Parliamentary Commissioner Act 1967

Superannuation Act 1972

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Employment Protection Act 1975

Police and Criminal Evidence Act 1984

Companies Act 1985

Trade Union and Labour Relations (Consolidation) Act 1992

Criminal Justice and Public Order Act 1994

Deregulation and Contracting Out Act 1994

Employment Tribunals Act 1996

Employment Relations Act 1999

Immigration and Asylum Act 1999

Finance Act 2000

Regulation of Investigatory Powers Act 2000

Freedom of Information Act 2000

Police Reform Act 2002

Employment Relations Act 2004

Civil Partnership Act 2004

Pensions Act 2004

Serious Organised Crime and Police Act 2005

Natural Environment and Rural Communities Act 2006

Regulatory Enforcement and Sanctions Act 2008

Employment Act 2008

Equality Act 2010

Financial Services Act 2012

Modern Slavery Act 2015

Small Business, Enterprise and Employment Act 2015

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Immigration Act 2016

Investigatory Powers Act 2016

Policing and Crime Act 2017

Data Protection Act 2018

Sentencing Act 2020

Police, Crime, Sentencing and Courts Act 2022

Procurement Act 2023

Staff transfer schemes

Property transfer schemes

Continuity

Supplementary provision, etc

Interpretation

General

Powers to obtain documents etc

Labour abuse prevention officers

Warrants

LME undertakings and orders

Information

Orders under Modern Slavery Act 2015

Notices of underpayment under the National Minimum Wage Act 1998

Enforcement of agricultural wages legislation

Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

Safety Representatives and Safety Committees Regulations 1977

Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Pension Schemes Act 1993

Employment Rights Act 1996

Health and Safety (Consultation with Employees) Regulations 1996

Working Time Regulations 1998

National Minimum Wage Act 1998

Employment Relations Act 1999

Transnational Information and Consultation of Employees Regulations 1999

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

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