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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

(116H) (1) Each of the parties informed by the CAC under paragraph 111(5) or 115(5) that an application under paragraph 106, 107 or 112 is accepted must refrain from using any unfair practice in relation to the application. (2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following— (a) dismisses, or threatens to dismiss, a worker; (b) takes, or threatens to take, disciplinary action against a worker; (c) subjects, or threatens to subject, a worker to any other detriment; (d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot; (e) makes an outcome-specific offer to a relevant worker; (f) coerces, or attempts to coerce, a relevant worker to disclose— (i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or (ii) how the worker intends to vote, or has voted, in any relevant ballot; (g) uses, or attempts to use, undue influence on a relevant worker. (3) In sub-paragraph (2)— (a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended, and (b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot. (4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which— (a) is conditional on— (i) the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or (ii) the refusal by the CAC of an application under paragraph 106, 107 or 112, and (b) is not conditional on anything which is done or occurs as a result of that declaration, or, as the case may be, of that refusal. (5) For the purposes of this paragraph and paragraphs 116I to 116K as they apply in relation to an application under paragraph 112, references to a party are to be read as including references to the worker or workers making the application. (6) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have. (7) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph— (a) the power of ACAS under section 199(1); (b) the power of the Secretary of State under section 203(1)(a). (116I) (1) A party may complain to the CAC that another party has failed to comply with paragraph 116H. (2) A complaint under sub-paragraph (1) may not be made after— (a) in the case of an application under paragraph 106 or 107, the application is withdrawn; (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1); (c) the CAC refuses the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2); (d) the CAC notifies the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application; (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the fifth working day after— (i) the date of the ballot, or (ii) if votes may be cast in the ballot on more than one day, the last of those days. (3) Within the decision period the CAC must decide whether the complaint is well-founded. (4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice. (5) The decision period is— (a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or (b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension. (116J) (1) This paragraph applies if the CAC decides that a complaint under paragraph 116I is well-founded. (2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect. (3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified. (4) Sub-paragraph (5) applies if the CAC has at any time informed the union (or unions) under paragraph 117(11) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective). (5) The CAC may make arrangements for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended. (6) The CAC may make an order under sub-paragraph (3), or make arrangements under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs— (a) in the case of an application under paragraph 106 or 107, the withdrawal of the application; (b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1); (c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2); (d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application; (e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the CAC acting under paragraph 121 in relation to the ballot. (7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 116H. (8) The CAC may make more than one order under sub-paragraph (3). (116K) (1) Sub-paragraphs (4) to (7) apply if— (a) the CAC issues a declaration under paragraph 116J(2) that a complaint that a party has failed to comply with paragraph 116H is well-founded, (b) the application under paragraph 106, 107 or 112 has not been withdrawn or, in the case of an application under paragraph 112, there has been no agreement as described in paragraph 116(1), (c) the CAC has not refused the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2), (d) the CAC has not notified the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application, and (e) sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included— (a) the use of violence, or (b) the dismissal of a union official. (3) This sub-paragraph applies if the CAC has made an order under paragraph 116J(3) and— (a) it is satisfied that the party subject to the order has failed to comply with it, or (b) it makes another declaration under paragraph 116J(2) in relation to a complaint against that party. (4) If the party that has failed to comply is the employer, the CAC may— (a) refuse the employer’s application under paragraph 106 or 107; (b) order the employer to refrain from any campaigning in relation to an application under paragraph 112. (5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration; and the bargaining arrangements cease to have effect accordingly. (6) If the party that has failed to comply is the worker making an application under paragraph 112 (or any of the workers making an application under paragraph 112), the CAC may refuse the application. (7) The powers conferred by this paragraph are in addition to those conferred by paragraph 116J. (116L) (1) This paragraph applies if the CAC has made an order against the employer under paragraph 116J(3) or 116K(4)(b) in relation to an application under paragraph 112. (2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order. (3) The order may be enforced— (a) in England and Wales, in the same way as an order of the county court; (b) in Scotland, in the same way as an order of the sheriff.

Ballots

49

(1) Paragraph 117 (ballots: general) is amended as follows.

(2) In sub-paragraph (1), for “This paragraph” substitute “Sub-paragraph (3)”.

(3) In sub-paragraph (2), for “This paragraph” substitute “Sub-paragraph (3)”.

(4) In sub-paragraph (4), for “The ballot” substitute “A ballot arranged under sub-paragraph (3), or under paragraph 116J(5),”.

50

(1) Paragraph 118 (duties of employer in relation to ballot) is amended as follows.

(2) In sub-paragraph (1), omit “five”.

(3) In sub-paragraph (2)—

(a) for “The first duty is to” substitute “The employer must”;

(b) for “the second and third duties are not” substitute “no other duty of the employer under this Part of this Schedule is”.

(4) Omit sub-paragraph (3).

(5) In sub-paragraph (4)—

(a) in the words before paragraph (a), for “The third duty is to” substitute “The employer must”;

(b) in paragraph (a), for “to give” substitute “give”;

(d) in paragraph (c), for “to inform” substitute “inform”.

(6) After sub-paragraph (4) insert—

(4ZA) If the ballot is arranged under paragraph 116J(5), the duty under sub-paragraph (4)(a) is limited to— (a) giving the CAC the names and home addresses of any workers in the bargaining unit which have not previously been given to it in accordance with that duty; (b) giving the CAC the names and home addresses of those workers who have joined the bargaining unit since the employer last gave the CAC information in accordance with that duty; (c) informing the CAC of any change to the name or home address of a worker whose name and home address have previously been given to the CAC in accordance with that duty; (d) informing the CAC of any worker whose name had previously been given to it in accordance with that duty who has ceased to be within the bargaining unit.

(7) Omit sub-paragraphs (4A) to (4E), (8) and (9).

51

In paragraph 119 (breach of paragraph 118), after sub-paragraph (4) insert—

(5) If— (a) the ballot has been arranged in consequence of an application under paragraph 112, (b) the CAC has made an order against the employer under sub-paragraph (1), and (c) the ballot has not been held, the worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order. (6) The order may be enforced— (a) in England and Wales, in the same way as an order of the county court; (b) in Scotland, in the same way as an order of the sheriff.

52

After paragraph 119 insert—

(119ZA) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), and (b) the CAC refuses an application or issues a declaration under paragraph 116E. (2) If the ballot has not been held, the CAC must take steps to cancel it. (3) If the ballot is held, it is to have no effect. (119ZB) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), (b) a complaint is made under paragraph 116I, and (c) the ballot did not begin before the beginning of the decision period referred to in paragraph 116I(5). (2) The CAC may by notice to the parties and the qualified independent person postpone the date on which the ballot is to begin until a date which falls after the end of the decision period. (3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application. (119ZC) (1) This paragraph applies if— (a) the union has (or unions have) been informed of a ballot under paragraph 117(11), (b) the CAC issues a declaration that a complaint under paragraph 116I is well-founded, and (c) the CAC— (i) makes arrangements under paragraph 116J(5), (ii) refuses under paragraph 116K(4)(a) or (6) an application under paragraph 106, 107 or 112, or (iii) issues a declaration under paragraph 116K(5). (2) If the ballot has not been held, the CAC must take steps to cancel it. (3) If the ballot is held, it is to have no effect. (119ZD) (1) This paragraph applies if— (a) the CAC makes arrangements under paragraph 116J(5), and (b) the CAC has previously given an order under paragraph 119(1) in relation to a cancelled or ineffective ballot in connection with the application to which the notice relates. (2) The order has effect, to the extent that the CAC specifies in a notice to the parties, as if it were made for the purposes of the ballot for which arrangements are made under paragraph 116J(5). (3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.

53

Omit paragraphs 119A to 119I (unfair practices during ballot).

54

(1) Paragraph 120 (costs of ballot) is amended as follows.

(2) In sub-paragraph (1), after “paragraph” insert “116J(5) or”.

(3) After sub-paragraph (1) insert—

(1A) If the holding of the ballot is arranged under paragraph 116J(5), the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine. (1B) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.

(4) In sub-paragraph (2), for “The gross costs” substitute “If the holding of the ballot is arranged under paragraph 117(3), the gross costs”.

(5) In sub-paragraph (4), for “the employer and the union (or each of the unions)” substitute “the party or parties required to bear the costs”.

55

In paragraph 121 (result of ballot), for sub-paragraphs (1) and (1A) substitute—

(1) The CAC must act under this paragraph as soon as reasonably practicable after— (a) the CAC is informed of the result of a ballot by the person conducting it, and (b) the complaint period ends. (1ZA) The complaint period is the period of 5 working days starting with the day after— (a) the date of the ballot, or (b) if votes may be cast in the ballot on more than one day, the last of those days. (1A) The duty in sub-paragraph (1) does not apply— (a) if a complaint is made under paragraph 116I, on or before the day on which the CAC decides whether the complaint is well-founded; (b) if the CAC makes arrangements under paragraph 116J(5).

Derecognition where recognition automatic

56

In paragraph 122 (derecognition where recognition automatic on agreed terms), in sub-paragraph (1)(a)—

(a) for “19F(5),” substitute “13B(6), 19F(5), 19K(4), 19P(4),”;

(b) for “, 27(2) or 27D(3)” substitute “or 27(2)”.

57

In paragraph 123 (derecognition where recognition automatic on specified terms), in sub-paragraph (1)(a)—

(a) for “19F(5),” substitute “13B(6), 19F(5), 19K(4), 19P(4),”;

(b) for “, 27(2) or 27D(3)” substitute “or 27(2)”.

58

In paragraph 124 (derecognition where recognition automatic following changes to bargaining unit), in sub-paragraph (1), after “paragraph” insert “81E(4), 81J(4) or”.

59

After paragraph 132 insert—

(132A) Paragraphs 116A to 116E apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116A(1)), as if— (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128; (b) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5); (c) the references in paragraphs 116A(4)(a) and 116E(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.

60

After paragraph 132A (inserted by paragraph 59 of this Schedule) insert—

(132B) Paragraphs 116H to 116K apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116H), as if— (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128; (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5); (c) the references in paragraphs 116I(2)(a), 116J(6)(a) and 116K(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.

61

(1) Paragraph 133 (ballot on derecognition) is amended as follows.

(2) In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “references in paragraphs 119(2)(a) and 119D(3)” substitute “reference in paragraph 119(2)(a)”;

(b) in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute “119ZC(1)(c)(ii)”.

Derecognition where union not independent

62

After paragraph 146 insert—

(146A) Paragraphs 116A to 116F apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116A(1)), as if— (a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137; (b) the references in paragraphs 116A(4)(b), 116E(4)(b) and 116F(1) to paragraph 112 were to paragraph 112 or 137; (c) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5); (d) the reference in paragraph 116A(4)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).

63

After paragraph 146A (inserted by paragraph 62 of this Schedule) insert—

(146B) Paragraphs 116H to 116L apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116H), as if— (a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137; (b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5); (c) the references in paragraphs 116H(5), 116I(2)(b), 116J(6)(b), 116K(1)(b), (4)(b) and (6) and 116L(1) to paragraph 112 were to paragraph 112 or 137; (d) the references in paragraphs 116I(2)(b) and 116J(6)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).

64

(1) Paragraph 147 (ballot on derecognition) is amended as follows.

(2) In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “references in paragraphs 119H(1) and 119I(1)(a)” substitute “reference in paragraph 119(5)(a)”;

(b) in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute “119ZC(1)(c)(ii)”;

(d) the reference in paragraph 119ZA(1)(b) to the CAC refusing an application included a reference to it being required to give notice under paragraph 146(5).

Part 5 — Meaning of “the required percentage”

65

After paragraph 171A insert—

(171B) (1) In this Schedule, “the required percentage” means 10%. (2) The Secretary of State may by regulations amend this paragraph so that the required percentage is a percentage— (a) not greater than 10%, and (b) not less than 2%. (3) Regulations under sub-paragraph (2)— (a) are to be made by statutory instrument; (b) may include supplementary, incidental, saving or transitional provision, including provision amending this Schedule; (c) may make different provision for different cases. (4) A statutory instrument containing regulations under sub-paragraph (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Part 6 — Consequential amendments

66

(1) The Employment Relations Act 2004 is amended as follows.

(2) In section 9—

(a) omit subsections (1) to (4);

(b) in subsection (5), for “that Schedule” substitute “Schedule A1 to the 1992 Act”;

(3) Omit section 10.

(4) Omit section 13.

(5) In paragraph 23 of Schedule 1—

(a) in sub-paragraph (10), omit paragraph (b) (and the “and” before it);

(b) in sub-paragraph (11), omit paragraph (b) (and the “and” before it);

(d) in sub-paragraph (14), omit paragraph (b) (and the “and” before it);

(e) omit sub-paragraph (19);

(f) in sub-paragraph (26), omit paragraph (a) (and the “and” after it);

(g) in sub-paragraph (27), omit paragraph (a) (and the “and” after it).

Schedule 7

Part 1 — Relevant labour market legislation

Employment Agencies Act 1973

1

The Employment Agencies Act 1973 (employment agencies and employment businesses).

2

Regulations under section 5 of that Act (conduct of employment agencies and businesses).

3

Section 151(1) of the Social Security Contributions and Benefits Act 1992 (employer’s liability to pay statutory sick pay).

4

Regulations under section 153(5)(b) of that Act (requirement to provide statement about entitlement).

5

Regulations under section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.

6

Section 14(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).

7

Regulations under section 130 of that Act (duties of employers), so far as relating to statutory sick pay.

8

Section 147(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (employer’s liability to pay statutory sick pay).

9

Regulations under section 149(5)(b) of that Act (requirement to provide statement about entitlement).

10

Regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.

11

Section 12(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).

12

Regulations under section 122 of that Act (duties of employers), so far as relating to statutory sick pay.

Employment Tribunals Act 1996

13

Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums).

National Minimum Wage Act 1998

14

Section 1 of the National Minimum Wage Act 1998 (entitlement to the national minimum wage).

15

Regulations under section 9 of that Act (duty of employers to keep records).

16

Section 10 of that Act (worker’s right of access to records).

17

Regulations under section 12 of that Act (employer to provide worker with national minimum wage statement).

18

Section 17 of that Act (non-compliance: worker entitled to additional remuneration).

19

Section 23 of that Act (right not to suffer detriment).

20

Section 31 of that Act (offences).

Working Time Regulations 1998

21

The following provisions of the Working Time Regulations 1998 (S.I. 1998/1833)—

(a) regulations 13 to 15E (entitlement to annual leave, etc);

(b) regulation 16 (right to payment in respect of periods of leave);

(d) regulation 16B(1) (duty to keep records relating to annual leave entitlement);

(e) regulation 29(1) (offences), so far as relating to regulation 16B(1).

Gangmasters (Licensing) Act 2004

22

Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities).

23

Rules under section 8 of that Act (power to make rules in connection with licensing of persons acting as gangmasters).

24

Section 9 of that Act (modification, revocation or transfer of licence).

25

Sections 12 and 13 of that Act (offences).

26

The references in paragraphs 22 and 25 to the Gangmasters (Licensing) Act 2004 are to that Act only so far as it applies in relation to England and Wales and Scotland.

Fraud Act 2006

27

Section 1 of the Fraud Act 2006, so far as relating to an offence which—

(a) is committed under the law of England and Wales by virtue of section 4 of that Act (fraud by abuse of position), and

(b) is committed in relation to a worker.

Modern Slavery Act 2015

28

Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and forced or compulsory labour).

29

Sections 2 and 4 of that Act (human trafficking), so far as relating to an offence—

(a) which is committed in relation to a worker, or

(b) which is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies.

30

(1) Part 2 of that Act (prevention orders), so far as relating to—

(a) the making of orders under that Part on the application of the Secretary of State,

(b) offences committed in relation to orders made under that Part on such an application, or

(2) An order is within this sub-paragraph if—

(a) the order was made under section 14 of that Act following—

(i) the conviction of the defendant of a relevant offence, or

(ii) a finding of a kind mentioned in section 14(1)(b) or (c) of that Act in connection with a relevant offence, and

(b) the prosecution resulted from an investigation conducted by or on behalf of the Secretary of State.

(3) In sub-paragraph (2) “relevant offence” means—

(a) an offence under section 1 of the Modern Slavery Act 2015;

(b) an offence under section 2 or 4 of that Act falling within paragraph 29;

Employment Rights Act 2025

31

Section 47(2) of this Act (entitlement of social care workers to be paid in accordance with ratified agreements of Negotiating Body).

32

Section 48(5) (entitlement of social care workers to be paid in accordance with regulations made by Secretary of State, etc).

33

Sections 119 to 129 and 139 (LME undertakings and orders).

34

Sections 140 and 142 (offences relating to Part 5).

Part 2 — Power to amend Part 1

35

(1) The Secretary of State may by regulations amend Part 1 of this Schedule in order to—

(a) add an enactment to the list of legislation in that Part, or

(b) vary a reference to an enactment in that list.

(2) Regulations under this paragraph may add an enactment only if it relates to—

(a) rights or entitlements conferred on employees or workers;

(b) the treatment of employees or workers;

(d) trade unions, employers’ associations, industrial action or labour relations.

(3) Regulations under this paragraph may not add an enactment that deals with a transferred matter, or vary a reference to such an enactment, without the consent of the appropriate Northern Ireland department.

(4) For the purposes of sub-paragraph (3)—

“the appropriate Northern Ireland department”, in relation to an enactment that deals with a transferred matter, means the Northern Ireland department which has responsibility for that matter;

“deals with” is to be read in accordance with section 98(2) and (3) of the Northern Ireland Act 1998;

“transferred matter” has the meaning given by section 4(1) of that Act.

(5) Regulations under this paragraph may amend any of the following provisions in consequence of an amendment of Part 1 of this Schedule—

(a) section 91 (enforcement functions of Secretary of State);

(b) section 92 (delegation of functions);

(d) section 150 (meaning of “non-compliance with relevant labour market legislation”).

(6) Regulations under this paragraph that add an enactment which—

(a) confers a right or entitlement to the payment of any sum to an individual, or

(b) prohibits or restricts the withholding of payment of any sum to an individual,

may provide that a notice of underpayment relating to sums due under or by virtue of the enactment may relate to sums becoming due before the coming into force of the regulations.

(7) Regulations under this paragraph are subject to the affirmative resolution procedure.

Schedule 8

Part 1 — Application of this Schedule

1

This Schedule applies in relation to—

(a) applications for warrants under section 98 or 102, and

(b) warrants issued under section 98 or 102.

Part 2 — Warrants: applications and safeguards

Applications for warrants

2

(1) Where an enforcement officer applies for a warrant, the officer must—

(a) state the ground on which the application is made,

(b) state the provision of this Act under which the warrant would be issued,

(d) identify, so far as is practicable, the purpose for which entry is desired.

(2) An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.

(3) The officer must answer on oath any question that the justice hearing the application asks the officer.

Safeguards in connection with power of entry conferred by warrant

3

A warrant authorises an entry on one occasion only.

4

(1) A warrant must specify—

(a) the name of the person who applies for it,

(b) the date on which it is issued,

(d) the premises to be entered.

(2) A warrant must identify, so far as is practicable, the purpose for which entry is desired.

5

(1) Two copies are to be made of a warrant.

(2) In the case of a warrant issued in electronic form, the copies must be clearly marked as copies.

(3) In the case of a warrant issued otherwise than in electronic form, the copies must be clearly certified as copies.

Part 3 — Execution of warrants

Warrant to be executed within three months

6

Execution of a warrant must be within three months from the date of its issue.

Time of entry

7

Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

Evidence of authority etc

8

(1) Where the occupier of premises to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—

(a) the officer must produce to the occupier documentary evidence of the fact that the officer is an enforcement officer;

(b) if the officer is asked for it, the occupier must be told the officer’s name;

(d) the officer must supply the occupier with a copy of the warrant that is marked or certified as a copy in accordance with paragraph 5.

(2) Where—

(a) the occupier of premises to be entered under a warrant is not present when an enforcement officer seeks to execute it, but

(b) some other person who appears to the officer to be in charge of the premises is present,

sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person.

(3) If there is no person present who appears to the enforcement officer to be in charge of the premises, the officer must leave a copy of the warrant, marked or certified as a copy in accordance with paragraph 5, in a prominent place on the premises.

Securing premises after entry

9

An enforcement officer who enters premises under a warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.

Return and retention of warrants

10

(1) A warrant which—

(a) has been executed, or

(b) has not been executed within the time authorised for its execution,

must be returned to the appropriate person.

(2) For the purposes of sub-paragraph (1) the appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;

(b) in the case of a warrant issued in Scotland by a justice of the peace, the clerk of the justice of the peace court in the sheriffdom for which the justice of the peace was appointed;

(d) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.

(3) A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.

(4) If during that period the occupier of the premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.

Schedule 9

Authorities with functions in connection with the labour market or the workplace etc

Law enforcement and border security

Local government

Other persons

Schedule 10

Part 1 — Existing powers under relevant labour market legislation

Employment Agencies Act 1973

1

The Employment Agencies Act 1973 is amended as follows.

2

Omit section 8A (appointment of officers).

3

Omit section 9 (inspection).

4

(1) Section 11A (offences: extension of time limit) is amended as follows.

(2) In subsection (1), omit “9(4)(b) or”.

(3) In subsection (3), omit “9(4)(b) or”.

Part 2A of Employment Tribunals Act 1996

5

Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums) is amended as follows.

6

In section 37D (unpaid amount of relevant sum: further provision), in subsection (6), for “an enforcement officer” substitute “the Secretary of State”.

7

(1) Section 37E (warning notice) is amended as follows.

(2) In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

(3) In subsection (2)—

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

(b) for “officer’s” substitute “Secretary of State’s”.

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

8

(1) Section 37F (penalty notice) is amended as follows.

(2) In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

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

9

In section 37G (appeal against penalty notice), in subsection (3)(b), for “enforcement officer” substitute “Secretary of State”.

10

In section 37I (withdrawal of warning notice), in subsection (1)—

(a) in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b) in the closing words, for “officer” substitute “Secretary of State”.

11

In section 37J (withdrawal of penalty notice), in subsection (1)—

(a) in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b) in the closing words, for “officer” substitute “Secretary of State”.

12

In section 37K (replacement penalty notice), in subsection (1)—

(a) for “an enforcement officer” substitute “the Secretary of State”;

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

13

Omit section 37M (enforcement officers).

14

In section 37O (modification in particular cases), in subsection (4)(a), for “enforcement officer” substitute “Secretary of State”.

15

In section 37P (giving of notices), in subsection (1)(a), for “an enforcement officer” substitute “the Secretary of State”.

16

In section 37Q(1) (interpretation), omit the definition of “enforcement officer”.

National Minimum Wage Act 1998

17

The National Minimum Wage Act 1998 is amended as follows.

18

Omit section 13 (appointment of officers) and the italic heading before that section.

19

Omit section 14 (powers of officers).

20

Omit section 15 (information obtained by officers).

21

Omit section 16 (information obtained by agricultural wages officers).

22

In section 16A (disclosure of information by officers), in subsection (5)—

(a) in the definition of “enforcement officer”, omit paragraph (a) (and the “or” after it);

(b) in the definition of “the relevant legislation”, omit paragraph (a) (and the “and” after it).

23

Omit sections 19 to 19H (notices of underpayment).

24

In section 31 (offences), omit subsection (5).

Gangmasters (Licensing) Act 2004

25

The Gangmasters (Licensing) Act 2004 is amended as follows.

26

Omit the italic heading before section 1.

27

Omit section 2 (directions etc to the Gangmasters and Labour Abuse Authority).

28

In section 3 (work to which Act applies), for subsection (6) substitute—

(6) Before making regulations under subsection (5), the Secretary of State must consult the Advisory Board established under section 93 of the Employment Rights Act 2025.

29

(1) Section 7 (grant of licence) is amended as follows.

(2) In subsection (1)—

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

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

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

(4) In subsection (5), for “Authority” substitute “Secretary of State”.

30

(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”;

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