LegalizeReform history
Employment Rights Act 2025
6 versions
· 2025-12-18
2026-04-07
Employment Rights Act 2025
2026-04-06
Employment Rights Act 2025
2026-04-01
Employment Rights Act 2025
Changes on 2026-04-01
@@ -265,7 +265,7 @@
##### 2
After section [27BI](#p02057) of the Employment Rights Act 1996 (inserted by section [1](https://www.legislation.gov.uk/ukpga/2025/36/section/1/2026-02-18)) insert—
After section [27BI](#p02057) of the Employment Rights Act 1996 (inserted by section [1](https://www.legislation.gov.uk/ukpga/2025/36/section/1/2026-04-01)) insert—
> (27BJ)
> (1) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if—
@@ -350,7 +350,7 @@
##### 3
After section [27BO](#p02506) of the Employment Rights Act 1996 (inserted by section [2](https://www.legislation.gov.uk/ukpga/2025/36/section/2/2026-02-18)) insert—
After section [27BO](#p02506) of the Employment Rights Act 1996 (inserted by section [2](https://www.legislation.gov.uk/ukpga/2025/36/section/2/2026-04-01)) insert—
> (27BP)
> (1) An employer must make a payment of a specified amount to a worker each time that the employer cancels, moves or curtails at short notice a qualifying shift—
@@ -472,7 +472,7 @@
##### 4
- (1) After section [27BU](#p03045) of the Employment Rights Act 1996 (inserted by section [3](https://www.legislation.gov.uk/ukpga/2025/36/section/3/2026-02-18)) insert—
- (1) After section [27BU](#p03045) of the Employment Rights Act 1996 (inserted by section [3](https://www.legislation.gov.uk/ukpga/2025/36/section/3/2026-04-01)) insert—
> (27BV)
> (1) In this Part, “*agency worker*” means an individual—
@@ -494,7 +494,7 @@
> (6) Part [2](#p16984) of Schedule [A1](#p15655) contains provision about rights of agency workers to reasonable notice in relation to shifts.
> (7) Part [3](#p17334) of Schedule [A1](#p15655) contains provision about rights of agency workers to payment for shifts that are cancelled, moved or curtailed at short notice.
- (2) Schedule [1](https://www.legislation.gov.uk/ukpga/2025/36/schedule/1/2026-02-18) inserts Schedule [A1](#p15655) into the Employment Rights Act 1996.
- (2) Schedule [1](https://www.legislation.gov.uk/ukpga/2025/36/schedule/1/2026-04-01) inserts Schedule [A1](#p15655) into the Employment Rights Act 1996.
#### Collective agreements: contracting out
@@ -502,7 +502,7 @@
- (1) The Employment Rights Act 1996 is amended as follows.
- (2) After section [27BV](#p03128) (inserted by section [4](https://www.legislation.gov.uk/ukpga/2025/36/section/4/2026-02-18)) insert—
- (2) After section [27BV](#p03128) (inserted by section [4](https://www.legislation.gov.uk/ukpga/2025/36/section/4/2026-04-01)) insert—
> (27BW)
> (1) This section applies in relation to—
@@ -594,7 +594,7 @@
##### 6
- (1) After section [27BZ1](#p03666) of the Employment Rights Act 1996 (inserted by section [5](https://www.legislation.gov.uk/ukpga/2025/36/section/5/2026-02-18)) insert—
- (1) After section [27BZ1](#p03666) of the Employment Rights Act 1996 (inserted by section [5](https://www.legislation.gov.uk/ukpga/2025/36/section/5/2026-04-01)) insert—
> (27BZ2)
> (1) In this Part—
@@ -613,7 +613,7 @@
> (b) make provision subject to exceptions.
> (2) Regulations under this Part may provide that a reference in the regulations to a provision of legislation is to be read as a reference to that provision as amended from time to time.
- (2) Schedule [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/2026-02-18) contains consequential amendments relating to sections [1](https://www.legislation.gov.uk/ukpga/2025/36/section/1/2026-02-18) to [5](https://www.legislation.gov.uk/ukpga/2025/36/section/5/2026-02-18).
- (2) Schedule [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/2026-04-01) contains consequential amendments relating to sections [1](https://www.legislation.gov.uk/ukpga/2025/36/section/1/2026-04-01) to [5](https://www.legislation.gov.uk/ukpga/2025/36/section/5/2026-04-01).
#### Repeal of Workers (Predictable Terms and Conditions) Act 2023
@@ -666,9 +666,9 @@
##### 9
- (1) Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/2/2026-02-18) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/6/2026-02-18).
- (2) Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/3/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/5/2026-02-18).
- (1) Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/2/2026-04-01) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/6/2026-04-01).
- (2) Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/3/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/9/5/2026-04-01).
- (3) In subsection (1), for paragraph (b) substitute—
@@ -853,7 +853,7 @@
##### 18
- (1) The [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/contents) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/18/2/2026-02-18) to [(11)](https://www.legislation.gov.uk/ukpga/2025/36/section/18/11/2026-02-18).
- (1) The [Employment Rights Act 1996](https://www.legislation.gov.uk/ukpga/1996/18/contents) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/18/2/2026-04-01) to [(11)](https://www.legislation.gov.uk/ukpga/2025/36/section/18/11/2026-04-01).
- (2) In [Chapter 4](https://www.legislation.gov.uk/ukpga/1996/18/part/8/chapter/4) of [Part 8](https://www.legislation.gov.uk/ukpga/1996/18/part/8), in the heading, for “Parental bereavement leave” substitute “Bereavement leave”.
@@ -1101,7 +1101,7 @@
##### 25
- (1) Part 10 of the Employment Rights Act 1996 (unfair dismissal) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/2/2026-02-18) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/3/2026-02-18).
- (1) Part 10 of the Employment Rights Act 1996 (unfair dismissal) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/2/2026-04-01) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/3/2026-04-01).
- (2) In section 108 (qualifying period of employment)—
@@ -1113,7 +1113,7 @@
- (4) In section 209 of that Act (powers to amend Act), in subsection (5), omit “108(1),”.
- (5) [Schedule 3](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/2026-02-18) contains minor and consequential amendments relating to this section.
- (5) [Schedule 3](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/2026-04-01) contains minor and consequential amendments relating to this section.
#### Dismissal during pregnancy
@@ -1121,7 +1121,7 @@
- (1) Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.
- (2) Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/26/3/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/26/5/2026-02-18).
- (2) Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/26/3/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/26/5/2026-04-01).
- (3) In the heading, after “Redundancy” insert “or dismissal”.
@@ -1172,7 +1172,7 @@
- (1) The Employment Rights Act 1996 is amended as follows.
- (2) Part 10 (unfair dismissal) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/28/3/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/28/5/2026-02-18).
- (2) Part 10 (unfair dismissal) is amended in accordance with subsections [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/28/3/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/28/5/2026-04-01).
- (3) Before section 105 insert—
@@ -1463,7 +1463,7 @@
##### 31
- (1) In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/2/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/5/2026-02-18).
- (1) In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/2/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/31/5/2026-04-01).
- (2) For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.
@@ -1794,7 +1794,7 @@
##### 38
Schedule [4](https://www.legislation.gov.uk/ukpga/2025/36/schedule/4/2026-02-18) contains provision establishing the School Support Staff Negotiating Body.
Schedule [4](https://www.legislation.gov.uk/ukpga/2025/36/schedule/4/2026-04-01) contains provision establishing the School Support Staff Negotiating Body.
### Chapter 2 — Social care workers
@@ -1822,7 +1822,7 @@
##### 40
- (1) Where the appropriate authority provides for there to be a Negotiating Body under section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-02-18), the authority may by regulations make further provision about the Negotiating Body.
- (1) Where the appropriate authority provides for there to be a Negotiating Body under section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-04-01), the authority may by regulations make further provision about the Negotiating Body.
- (2) The provision that may be made by regulations under this section includes, among other things—
@@ -1922,9 +1922,9 @@
- (1) The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.
- (2) The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/44/1/2026-02-18).
- (3) The provision that may be made by regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2/2026-02-18) includes, among other things—
- (2) The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/44/1/2026-04-01).
- (3) The provision that may be made by regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2/2026-04-01) includes, among other things—
- (a) provision requiring the Negotiating Body to reconsider the agreement;
@@ -1960,7 +1960,7 @@
##### 46
- (1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section [43](https://www.legislation.gov.uk/ukpga/2025/36/section/43/2026-02-18) or [44](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2026-02-18).
- (1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section [43](https://www.legislation.gov.uk/ukpga/2025/36/section/43/2026-04-01) or [44](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2026-04-01).
- (2) The appropriate authority may make regulations ratifying the agreement—
@@ -1972,7 +1972,7 @@
##### 47
- (1) This section applies if the appropriate authority makes regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-02-18) ratifying (to any extent) an agreement submitted by a Negotiating Body.
- (1) This section applies if the appropriate authority makes regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-04-01) ratifying (to any extent) an agreement submitted by a Negotiating Body.
- (2) If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.
@@ -1980,7 +1980,7 @@
- (4) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.
- (5) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-02-18) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/4/2026-02-18)—
- (5) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-04-01) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/4/2026-04-01)—
- (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;
@@ -2002,9 +2002,9 @@
- (2) The appropriate authority may by regulations make provision about the matter.
- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2/2026-02-18) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.
- (4) If the regulations make provision within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/3/2026-02-18), subsections [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-02-18) to [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/7/2026-02-18) apply (but see subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/8/2026-02-18)).
- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2/2026-04-01) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.
- (4) If the regulations make provision within subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/3/2026-04-01), subsections [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-04-01) to [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/7/2026-04-01) apply (but see subsection [(8)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/8/2026-04-01)).
- (5) If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.
@@ -2012,7 +2012,7 @@
- (7) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.
- (8) Subsections [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-02-18) to [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/7/2026-02-18)—
- (8) Subsections [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-04-01) to [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/7/2026-04-01)—
- (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;
@@ -2026,9 +2026,9 @@
- (1) The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—
- (a) agreements submitted by a Negotiating Body in accordance with regulations under section [43](https://www.legislation.gov.uk/ukpga/2025/36/section/43/2026-02-18) or [44](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2026-02-18);
- (b) regulations made by the authority under section [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18).
- (a) agreements submitted by a Negotiating Body in accordance with regulations under section [43](https://www.legislation.gov.uk/ukpga/2025/36/section/43/2026-04-01) or [44](https://www.legislation.gov.uk/ukpga/2025/36/section/44/2026-04-01);
- (b) regulations made by the authority under section [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01).
- (2) Regulations under this section may, among other things—
@@ -2036,9 +2036,9 @@
- (b) make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).
- (3) The provision that may be made by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/b/2026-02-18) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.
- (4) Regulations under this section that by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/b/2026-02-18) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.
- (3) The provision that may be made by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/b/2026-04-01) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.
- (4) Regulations under this section that by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/49/2/b/2026-04-01) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.
- (5) In this section—
@@ -2090,13 +2090,13 @@
- (b) if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.
- (3) For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections [47](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-02-18) and [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-02-18)—
- (3) For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections [47](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-04-01) and [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-04-01)—
- (a) if at any time the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter would not (apart from this subsection) be regarded as the worker and the employer for the purposes of that Part, they are to be so regarded;
- (b) it is to be assumed that there was a worker’s contract between those persons at that time.
- (4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section [47](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-02-18) or [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/3/2026-02-18) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-02-18) or [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/6/2026-02-18) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.
- (4) If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section [47](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/2/2026-04-01) or [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/47/3/2026-04-01) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/5/2026-04-01) or [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/48/6/2026-04-01) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.
- (5) Any reference in this section to doing work includes a reference to performing services, and “work” is to be read accordingly.
@@ -2106,15 +2106,15 @@
##### 52
- (1) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-02-18) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18) may make provision that has retrospective effect.
- (2) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-02-18) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18) may make provision by reference to—
- (1) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-04-01) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01) may make provision that has retrospective effect.
- (2) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-04-01) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01) may make provision by reference to—
- (a) an agreement submitted by a Negotiating Body to the appropriate authority, or
- (b) any other document.
- (3) If regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-02-18) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-02-18) make provision by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/52/2/2026-02-18), they must include provision about the publication of the agreement or other document.
- (3) If regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-04-01) or [48](https://www.legislation.gov.uk/ukpga/2025/36/section/48/2026-04-01) make provision by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/52/2/2026-04-01), they must include provision about the publication of the agreement or other document.
#### Regulations under this Chapter
@@ -2122,7 +2122,7 @@
- (1) Regulations under this Chapter may confer a discretion on a person when dealing with any matter.
- (2) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-02-18) are subject to the negative resolution procedure.
- (2) Regulations under section [46](https://www.legislation.gov.uk/ukpga/2025/36/section/46/2026-04-01) are subject to the negative resolution procedure.
- (3) Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.
@@ -2142,7 +2142,7 @@
- (1) In this Chapter—
- “*the appropriate authority*” has the meaning given by section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-02-18)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/39/5/2026-02-18);
- “*the appropriate authority*” has the meaning given by section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-04-01)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/39/5/2026-04-01);
- “*contract of employment*” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;
@@ -2152,11 +2152,11 @@
- “*enactment*” means— an Act of Parliament, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or an Act of the Scottish Parliament;
- “*Negotiating Body*” has the meaning given by section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-02-18)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/39/5/2026-02-18);
- “*Negotiating Body*” has the meaning given by section [39](https://www.legislation.gov.uk/ukpga/2025/36/section/39/2026-04-01)[(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/39/5/2026-04-01);
- “*official*”, in relation to a trade union, has the meaning given by section 119 of the Trade Union and Labour Relations (Consolidation) Act 1992;
- “*social care worker*” has the meaning given by section [42](https://www.legislation.gov.uk/ukpga/2025/36/section/42/2026-02-18);
- “*social care worker*” has the meaning given by section [42](https://www.legislation.gov.uk/ukpga/2025/36/section/42/2026-04-01);
- “*trade union*” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992;
@@ -2170,7 +2170,7 @@
##### 56
[Schedule 5](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/2026-02-18) amends the Seafarers’ Wages Act 2023.
[Schedule 5](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/2026-04-01) amends the Seafarers’ Wages Act 2023.
#### International agreements relating to maritime employment
@@ -2236,7 +2236,7 @@
##### 58
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/2/2026-02-18) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/6/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/2/2026-04-01) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/6/2026-04-01).
- (2) In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—
@@ -2293,7 +2293,7 @@
##### 59
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/59/2/2026-02-18) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/59/6/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/59/2/2026-04-01) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/59/6/2026-04-01).
- (2) In Part 1 (trade unions), before Chapter 5A insert—
@@ -2565,7 +2565,7 @@
##### 60
Schedule [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/2026-02-18) amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition).
Schedule [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/2026-04-01) amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition).
### Trade union finances
@@ -2683,7 +2683,7 @@
##### 64
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/2/2026-02-18) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/6/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/2/2026-04-01) to [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/64/6/2026-04-01).
- (2) In section 168 (time off for carrying out trade union duties)—
@@ -2729,7 +2729,7 @@
##### 65
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/2/2026-02-18) to [(10)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/10/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/2/2026-04-01) to [(10)](https://www.legislation.gov.uk/ukpga/2025/36/section/65/10/2026-04-01).
- (2) After section 168A insert—
@@ -2888,7 +2888,7 @@
##### 68
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/5/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/5/2026-04-01).
- (2) In section 226 (requirement of ballot before action by trade union), in subsection (2)(a)—
@@ -2914,7 +2914,7 @@
- (5) In section 299 (index of defined expressions), omit the entry for “voting”.
- (6) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/5/2026-02-18)—
- (6) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/68/5/2026-04-01)—
- (a) in the Trade Union Act 2016—
@@ -2922,7 +2922,7 @@
- (ii) in Schedule 4, omit paragraphs 12 and 17;
- (b) in section [69](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2026-02-18) of this Act, omit subsection (3)(a).
- (b) in section [69](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2026-04-01) of this Act, omit subsection (3)(a).
#### Industrial action ballots: support thresholds
@@ -2990,7 +2990,7 @@
- (1) In the Trade Union Act 2016, omit section 4 (provision for electronic balloting for industrial action: review and piloting scheme).
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/73/1/2026-02-18) does not affect the power of the Secretary of State to make an order under section 54 of the Employment Relations Act 2004 (permissible means of balloting) in relation to ballots for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/73/1/2026-04-01) does not affect the power of the Secretary of State to make an order under section 54 of the Employment Relations Act 2004 (permissible means of balloting) in relation to ballots for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
### Notice to employers of industrial action
@@ -3022,7 +3022,7 @@
- (b) omit section 220A (union supervision of picketing).
- (2) In consequence of the amendments made by subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/75/1/2026-02-18), omit section 10 of the Trade Union Act 2016.
- (2) In consequence of the amendments made by subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/75/1/2026-04-01), omit section 10 of the Trade Union Act 2016.
### Protection for taking industrial action
@@ -3030,7 +3030,7 @@
##### 76
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/2/2026-02-18) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/76/3/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/58/2/2026-04-01) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/76/3/2026-04-01).
- (2) In Part 5 (industrial action), after section 236 insert—
@@ -3079,7 +3079,7 @@
##### 77
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/2/2026-02-18) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/4/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/2/2026-04-01) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/4/2026-04-01).
- (2) In section 229 (industrial action ballots: voting paper), in subsection (4), omit the words from “if it takes place fewer than” to the end.
@@ -3093,7 +3093,7 @@
- (4) Omit section 238B (conciliation and mediation: supplementary provisions).
- (5) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/2/2026-02-18) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/4/2026-02-18), in the Employment Relations Act 2004—
- (5) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/2/2026-04-01) to [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/77/4/2026-04-01), in the Employment Relations Act 2004—
- (a) omit section 26 (dismissal where employees locked out);
@@ -3192,7 +3192,7 @@
##### 81
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/2/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/5/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/2/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/5/2026-04-01).
- (2) Omit section 32ZC (enforcement of sections 32ZA and 32ZB).
@@ -3202,11 +3202,11 @@
- (5) In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “, 32ZC”.
- (6) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/2/2026-02-18) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/5/2026-02-18)—
- (6) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/2/2026-04-01) to [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/5/2026-04-01)—
- (a) omit section 18 of the Trade Union Act 2016;
- (b) in section [80](https://www.legislation.gov.uk/ukpga/2025/36/section/80/2026-02-18) of this Act, omit subsections (3) and (4).
- (b) in section [80](https://www.legislation.gov.uk/ukpga/2025/36/section/80/2026-04-01) of this Act, omit subsections (3) and (4).
#### Removal of investigatory powers
@@ -3352,13 +3352,13 @@
##### 85
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/2/2026-02-18) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/3/2026-02-18).
- (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/2/2026-04-01) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/3/2026-04-01).
- (2) Omit section 257A (levy payable to Certification Officer).
- (3) In section 258 (Certification Officer: annual reports and account), omit subsection (1A).
- (4) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/2/2026-02-18) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/3/2026-02-18), omit section 20 of the Trade Union Act 2016.
- (4) In consequence of the amendments made by subsections [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/2/2026-04-01) and [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/85/3/2026-04-01), omit section 20 of the Trade Union Act 2016.
#### Appeals to the Employment Appeal Tribunal
@@ -3426,7 +3426,7 @@
##### 90
- (1) The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-02-18) (but see also section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-02-18)).
- (1) The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-04-01) (but see also section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-04-01)).
- (2) For the purposes of enabling the Secretary of State to perform that function, this Part confers powers on—
@@ -3442,11 +3442,11 @@
- (6) A person appointed under this section may exercise any powers of an enforcement officer to the extent specified in the appointment.
- (7) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/1/2026-02-18) does not limit the Secretary of State’s powers under—
- (a) section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) (power to bring proceedings in employment tribunal), or
- (b) section [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-02-18) (power to provide legal assistance).
- (7) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/1/2026-04-01) does not limit the Secretary of State’s powers under—
- (a) section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) (power to bring proceedings in employment tribunal), or
- (b) section [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-04-01) (power to provide legal assistance).
- (8) Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence.
@@ -3464,17 +3464,17 @@
- (2) But the following functions are not enforcement functions of the Secretary of State for the purposes of this Part—
- (a) the power to appoint enforcement officers under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18);
- (b) any function under section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-02-18) (delegation of functions);
- (c) any function under section [93](https://www.legislation.gov.uk/ukpga/2025/36/section/93/2026-02-18) (Advisory Board);
- (d) any function under section [94](https://www.legislation.gov.uk/ukpga/2025/36/section/94/2026-02-18) or [95](https://www.legislation.gov.uk/ukpga/2025/36/section/95/2026-02-18) (strategies and reports);
- (e) any function under or by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) or [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-02-18) (powers in relation to civil proceedings);
- (f) any function under Part 1 of Schedule [11](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/2026-02-18) (transfer schemes);
- (a) the power to appoint enforcement officers under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01);
- (b) any function under section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-04-01) (delegation of functions);
- (c) any function under section [93](https://www.legislation.gov.uk/ukpga/2025/36/section/93/2026-04-01) (Advisory Board);
- (d) any function under section [94](https://www.legislation.gov.uk/ukpga/2025/36/section/94/2026-04-01) or [95](https://www.legislation.gov.uk/ukpga/2025/36/section/95/2026-04-01) (strategies and reports);
- (e) any function under or by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) or [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-04-01) (powers in relation to civil proceedings);
- (f) any function under Part 1 of Schedule [11](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/2026-04-01) (transfer schemes);
- (g) any power to give directions or make subordinate legislation.
@@ -3492,7 +3492,7 @@
- (a) any enforcement function of the Secretary of State;
- (b) any function of the Secretary of State by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) (power to bring proceedings in employment tribunal);
- (b) any function of the Secretary of State by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) (power to bring proceedings in employment tribunal);
- (c) any function of the Secretary of State under section 7 or 11 of the Gangmasters (Licensing) Act 2004 (powers relating to licensing of gangmasters).
@@ -3510,7 +3510,7 @@
##### 93
- (1) The Secretary of State must establish an Advisory Board (“*the Board*”) for the purposes of providing advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s function under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/1/2026-02-18).
- (1) The Secretary of State must establish an Advisory Board (“*the Board*”) for the purposes of providing advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s function under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/1/2026-04-01).
- (2) The Board is to consist of not fewer than nine members appointed by the Secretary of State.
@@ -3524,15 +3524,15 @@
- (c) persons appearing to the Secretary of State to be independent experts.
- (5) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/2026-02-18)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/c/2026-02-18) an “independent expert” is a person who—
- (a) is not a person falling within paragraph (a) or (b) of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/2026-02-18), and
- (b) has expertise that is relevant to the Secretary of State’s function under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18)(1).
- (5) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/2026-04-01)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/c/2026-04-01) an “independent expert” is a person who—
- (a) is not a person falling within paragraph (a) or (b) of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/4/2026-04-01), and
- (b) has expertise that is relevant to the Secretary of State’s function under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01)(1).
- (6) The Secretary of State may pay such remuneration or allowances to members of the Board as the Secretary of State may determine.
- (7) In addition to the matters referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/1/2026-02-18), the Board may also provide advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s functions under or by virtue of sections [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) and [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-02-18) (powers in relation to civil proceedings).
- (7) In addition to the matters referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/93/1/2026-04-01), the Board may also provide advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s functions under or by virtue of sections [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) and [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-04-01) (powers in relation to civil proceedings).
### Strategies and reports
@@ -3540,7 +3540,7 @@
##### 94
- (1) The Secretary of State must, before the beginning of each relevant three-year period (see subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/94/6/2026-02-18)), prepare and publish a labour market enforcement strategy for that period.
- (1) The Secretary of State must, before the beginning of each relevant three-year period (see subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/94/6/2026-04-01)), prepare and publish a labour market enforcement strategy for that period.
- (2) A labour market enforcement strategy is a document that—
@@ -3588,7 +3588,7 @@
- (5) In this section—
- “*the applicable strategy*”, in relation to a financial year, means any labour market enforcement strategy published under section [94](https://www.legislation.gov.uk/ukpga/2025/36/section/94/2026-02-18) that has effect for that year;
- “*the applicable strategy*”, in relation to a financial year, means any labour market enforcement strategy published under section [94](https://www.legislation.gov.uk/ukpga/2025/36/section/94/2026-04-01) that has effect for that year;
- “*financial year*” means— the period beginning with the day on which this section comes into force and ending with the following 31 March, and each successive period of 12 months.
@@ -3610,9 +3610,9 @@
- (2) The Secretary of State may give a notice under this section to a person only if the Secretary of State has reasonable grounds to believe that—
- (a) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/a/2026-02-18), the person is able to provide information which is necessary for any enforcement purpose;
- (b) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/b/2026-02-18) or [(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/c/2026-02-18)—
- (a) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/a/2026-04-01), the person is able to provide information which is necessary for any enforcement purpose;
- (b) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/b/2026-04-01) or [(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/c/2026-04-01)—
- (i) it is necessary to obtain the information or document (as the case may be) for any enforcement purpose, and
@@ -3624,7 +3624,7 @@
- (b) the purpose of determining whether there has been any non-compliance with relevant labour market legislation;
- (c) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-02-18)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/c/2026-02-18), the purpose of ascertaining whether the documents may be required as evidence in proceedings for any non-compliance with relevant labour market legislation.
- (c) in the case of a requirement under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/2026-04-01)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/96/1/c/2026-04-01), the purpose of ascertaining whether the documents may be required as evidence in proceedings for any non-compliance with relevant labour market legislation.
#### Power to enter premises in order to obtain documents, etc
@@ -3634,11 +3634,11 @@
- (a) enter any premises, and
- (b) exercise any powers within subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2/2026-02-18).
This is subject to [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) (which provides that a warrant is necessary to enter a dwelling).
- (2) The powers referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/1/b/2026-02-18) are—
- (b) exercise any powers within subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2/2026-04-01).
This is subject to [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) (which provides that a warrant is necessary to enter a dwelling).
- (2) The powers referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/1/b/2026-04-01) are—
- (a) to inspect or examine any documents on the premises;
@@ -3660,7 +3660,7 @@
##### 98
- (1) An enforcement officer may not by virtue of section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18) enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.
- (1) An enforcement officer may not by virtue of section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01) enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.
- (2) A justice may issue a warrant under this section only if, on an application by the officer, the justice is satisfied—
@@ -3670,7 +3670,7 @@
- (ii) there is computer or other equipment in the dwelling to which the officer wishes to have access for any enforcement purpose, and
- (b) that any of the conditions in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/98/3/2026-02-18) is satisfied.
- (b) that any of the conditions in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/98/3/2026-04-01) is satisfied.
- (3) The conditions are—
@@ -3684,29 +3684,29 @@
- (4) In this section—
- “*enforcement purpose*” has the same meaning as in section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18);
- “*enforcement purpose*” has the same meaning as in section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01);
- “*justice*” means— in relation to England and Wales, a justice of the peace; in relation to Scotland, a sheriff or summary sheriff; in relation to Northern Ireland, a lay magistrate.
- (5) For further provision about warrants under this section, see [section 131](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-02-18) and [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-02-18).
- (5) For further provision about warrants under this section, see [section 131](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-04-01) and [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-04-01).
#### Supplementary powers in relation to documents
##### 99
- (1) A power conferred by section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18) or [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18) to require the production or provision of any document includes, in the case of a document stored in an electronic form, power to require the document to be produced or provided in a form—
- (1) A power conferred by section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01) or [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01) to require the production or provision of any document includes, in the case of a document stored in an electronic form, power to require the document to be produced or provided in a form—
- (a) in which it can be taken away, and
- (b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.
- (2) The Secretary of State may inspect or examine any document provided under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18).
- (2) The Secretary of State may inspect or examine any document provided under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01).
- (3) The Secretary of State or an enforcement officer may take copies of any document—
- (a) provided in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18), or
- (b) inspected, examined or produced under section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18).
- (a) provided in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01), or
- (b) inspected, examined or produced under section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01).
#### Retention of documents
@@ -3714,9 +3714,9 @@
- (1) This section applies to any document which—
- (a) is provided in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18), or
- (b) is seized under section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18).
- (a) is provided in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01), or
- (b) is seized under section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01).
- (2) The document may be retained so long as is necessary in all the circumstances and in particular—
@@ -3756,21 +3756,21 @@
the justice may issue a warrant authorising the enforcement officer to enter the premises, if necessary using reasonable force.
- (3) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2/2026-02-18) to being satisfied that there are reasonable grounds as mentioned in that subsection is, in relation to England and Wales, a reference to being satisfied by written information on oath.
- (3) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2/2026-04-01) to being satisfied that there are reasonable grounds as mentioned in that subsection is, in relation to England and Wales, a reference to being satisfied by written information on oath.
- (4) An enforcement officer entering any premises by virtue of a warrant under this section may—
- (a) when entering the premises, bring any equipment which the officer considers necessary,
- (b) exercise any power conferred by section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2/2026-02-18) or [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/4/2026-02-18),
- (b) exercise any power conferred by section [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2/2026-04-01) or [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/97/4/2026-04-01),
- (c) carry out on the premises any other inspections and examinations which the officer considers necessary for the purpose of determining whether there has been a relevant contravention, and
- (d) seize any item which is on the premises.
- (5) Where by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-02-18)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/d/2026-02-18) an enforcement officer seizes any item, the officer must leave on the premises from which the item was removed a statement giving details of what was seized and stating that the officer has seized it.
- (6) Any item seized by an enforcement officer by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-02-18)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/d/2026-02-18) may be retained for as long as the officer considers necessary for the purpose of determining whether there has been a relevant contravention.
- (5) Where by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-04-01)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/d/2026-04-01) an enforcement officer seizes any item, the officer must leave on the premises from which the item was removed a statement giving details of what was seized and stating that the officer has seized it.
- (6) Any item seized by an enforcement officer by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-04-01)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/d/2026-04-01) may be retained for as long as the officer considers necessary for the purpose of determining whether there has been a relevant contravention.
- (7) In this section—
@@ -3782,7 +3782,7 @@
- (8) Section 4 of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster) applies for the purposes of this section as it applies for the purposes of that Act.
- (9) For further provision about warrants under this section, see [section 131](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-02-18) and [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-02-18).
- (9) For further provision about warrants under this section, see [section 131](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-04-01) and [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-04-01).
### Notices of underpayment
@@ -3798,7 +3798,7 @@
- (ii) one or more events occurring before the relevant day,
was due from a person (the “liable party”) to an individual (the “underpaid individual”) under or by virtue of a statutory pay provision (see subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/7/2026-02-18)), and
was due from a person (the “liable party”) to an individual (the “underpaid individual”) under or by virtue of a statutory pay provision (see subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/7/2026-04-01)), and
- (b) any period for payment of that sum to be made has ended without the sum having been paid to the underpaid individual,
@@ -3806,21 +3806,21 @@
- (2) A notice of underpayment is a notice under this section requiring the liable party to pay the required sum to the underpaid individual before the end of the period of 28 days beginning with the day on which the notice is given.
For the meaning of the “required sum”, see section [104](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2026-02-18).
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18) is subject to—
- (a) subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/6/2026-02-18), and
- (b) section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-02-18) (period to which notice of underpayment may relate).
- (4) The Secretary of State may give a notice of underpayment to a person in respect of a sum that was due from the person on the relevant day whether or not the sum remains due at the time of the giving of the notice (see, in particular, section [107](https://www.legislation.gov.uk/ukpga/2025/36/section/107/2026-02-18) (penalties for underpayment)).
For the meaning of the “required sum”, see section [104](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2026-04-01).
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01) is subject to—
- (a) subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/6/2026-04-01), and
- (b) section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-04-01) (period to which notice of underpayment may relate).
- (4) The Secretary of State may give a notice of underpayment to a person in respect of a sum that was due from the person on the relevant day whether or not the sum remains due at the time of the giving of the notice (see, in particular, section [107](https://www.legislation.gov.uk/ukpga/2025/36/section/107/2026-04-01) (penalties for underpayment)).
- (5) But where all or part of that sum has been paid before the giving of the notice, the requirement imposed by the notice is, to that extent, to be treated as met.
- (6) The Secretary of State may not give a notice of underpayment in respect of any matter if—
- (a) proceedings have been brought about the matter by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) (power to bring proceedings in employment tribunal), and
- (a) proceedings have been brought about the matter by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) (power to bring proceedings in employment tribunal), and
- (b) the proceedings have not been finally determined or discontinued.
@@ -3834,21 +3834,21 @@
##### 104
- (1) For the purposes of section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2/2026-02-18), the “required sum” is whichever is the greater of the following sums—
- (1) For the purposes of section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2/2026-04-01), the “required sum” is whichever is the greater of the following sums—
- (a) the sum that was due to the underpaid individual on the relevant day;
- (b) in a case where regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2/2026-02-18) apply, the sum determined in accordance with the regulations.
This is subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/4/2026-02-18).
- (b) in a case where regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2/2026-04-01) apply, the sum determined in accordance with the regulations.
This is subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/4/2026-04-01).
- (2) Regulations made by the Secretary of State may make provision for determining the sum required to be paid to an individual by a notice of underpayment in a case where the sum due to the individual on any day under or by virtue of a statutory pay provision would have been greater had that sum been determined by reference to the statutory pay provision as it has effect at the time of giving the notice of underpayment.
- (3) But regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2/2026-02-18) may not make provision in relation to any provision of the National Minimum Wage Act 1998 (see instead section 17 of that Act).
- (3) But regulations under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/2/2026-04-01) may not make provision in relation to any provision of the National Minimum Wage Act 1998 (see instead section 17 of that Act).
- (4) If the required sum in respect of an underpaid individual would (in the absence of this subsection) be greater than the specified maximum for the statutory pay provision concerned, the required sum in respect of the underpaid individual is the specified maximum.
- (5) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/4/2026-02-18) “*the specified maximum*”, in relation to a statutory pay provision, means an amount specified by, or determined in accordance with, regulations made by the Secretary of State.
- (5) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/104/4/2026-04-01) “*the specified maximum*”, in relation to a statutory pay provision, means an amount specified by, or determined in accordance with, regulations made by the Secretary of State.
- (6) Regulations under this section are subject to the affirmative resolution procedure.
@@ -3862,21 +3862,21 @@
- (3) The Secretary of State may by regulations amend this section so as to alter the length of the claim period.
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/3/2026-02-18)—
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/3/2026-04-01)—
- (a) may specify different claim periods in relation to different statutory pay provisions;
- (b) may not provide for the claim period in relation to a notice of underpayment to be greater than the period of six years ending with the day on which the notice is given.
- (5) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/3/2026-02-18) are subject to the affirmative resolution procedure.
- (5) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/3/2026-04-01) are subject to the affirmative resolution procedure.
- (6) A notice of underpayment may relate to sums that became due before the coming into force of this section.
- (7) But a notice of underpayment may not relate to any sum that became due before the day on which this Act is passed.
- (8) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-02-18) does not apply to a notice of underpayment so far as it relates to any sum due under section 17 of the National Minimum Wage Act 1998 (entitlement to additional remuneration for failure to pay at least the minimum wage).
- (9) See also section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/3/2026-02-18) (claim period for replacement notices of underpayment).
- (8) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-04-01) does not apply to a notice of underpayment so far as it relates to any sum due under section 17 of the National Minimum Wage Act 1998 (entitlement to additional remuneration for failure to pay at least the minimum wage).
- (9) See also section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/3/2026-04-01) (claim period for replacement notices of underpayment).
#### Means of giving notice under section 119
@@ -3904,17 +3904,17 @@
- (1) A notice of underpayment must require the liable party to pay a penalty to the Secretary of State.
This is subject to section [108](https://www.legislation.gov.uk/ukpga/2025/36/section/108/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-02-18) (power to specify exceptions).
This is subject to section [108](https://www.legislation.gov.uk/ukpga/2025/36/section/108/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-04-01) (power to specify exceptions).
- (2) The penalty must be paid before the end of the period of 28 days beginning with the day on which the notice is given.
- (3) The amount of the penalty is the total of the amounts for each underpaid individual to whom the notice relates calculated in accordance with subsections [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/4/2026-02-18) and [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/5/2026-02-18) (but see subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/6/2026-02-18)).
- (4) The amount for each underpaid individual to whom the notice relates is 200% of the sum specified in the notice of underpayment as the sum due to the individual on the relevant day (see section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/b/2026-02-18)).
- (5) But if the amount determined under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/4/2026-02-18) for any underpaid individual would be more than £20,000, the amount for the individual taken into account in calculating the penalty is to be £20,000.
- (6) If a penalty calculated in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/3/2026-02-18) would be less than £100, the amount of the penalty is to be £100.
- (3) The amount of the penalty is the total of the amounts for each underpaid individual to whom the notice relates calculated in accordance with subsections [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/4/2026-04-01) and [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/5/2026-04-01) (but see subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/6/2026-04-01)).
- (4) The amount for each underpaid individual to whom the notice relates is 200% of the sum specified in the notice of underpayment as the sum due to the individual on the relevant day (see section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/b/2026-04-01)).
- (5) But if the amount determined under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/4/2026-04-01) for any underpaid individual would be more than £20,000, the amount for the individual taken into account in calculating the penalty is to be £20,000.
- (6) If a penalty calculated in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/3/2026-04-01) would be less than £100, the amount of the penalty is to be £100.
- (7) The Secretary of State may by regulations amend this section—
@@ -3924,7 +3924,7 @@
- (c) so as to specify different percentages or amounts for different purposes.
- (8) Regulations under subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/7/2026-02-18) are subject to the affirmative resolution procedure.
- (8) Regulations under subsection [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/107/7/2026-04-01) are subject to the affirmative resolution procedure.
#### Further provision about penalties
@@ -3932,7 +3932,7 @@
- (1) The Secretary of State may by directions specify circumstances in which a notice of underpayment is not to impose a requirement to pay a penalty.
- (2) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-02-18) may be amended or revoked by a further direction.
- (2) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-04-01) may be amended or revoked by a further direction.
- (3) A notice of underpayment that imposes a requirement to pay a penalty must—
@@ -3950,13 +3950,13 @@
the person is to be regarded as having paid the penalty.
- (5) Any penalty received by the Secretary of State in accordance with section [107](https://www.legislation.gov.uk/ukpga/2025/36/section/107/2026-02-18) is to be paid into the Consolidated Fund.
- (5) Any penalty received by the Secretary of State in accordance with section [107](https://www.legislation.gov.uk/ukpga/2025/36/section/107/2026-04-01) is to be paid into the Consolidated Fund.
#### Suspension of penalty where criminal proceedings have been brought, etc
##### 109
- (1) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/3/2026-02-18) applies where—
- (1) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/3/2026-04-01) applies where—
- (a) the Secretary of State is proposing to give a notice of underpayment that imposes a requirement on a person to pay a penalty, and
@@ -3968,13 +3968,13 @@
- (2) In this section “*relevant criminal proceedings*” means proceedings against the person for a labour market offence in respect of any act or omission to which the notice relates (“the relevant conduct”).
- (3) The notice of underpayment may contain provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the person under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/4/2026-02-18).
- (3) The notice of underpayment may contain provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the person under subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/4/2026-04-01).
- (4) The Secretary of State may give the person a notice terminating the suspension (a “penalty activation notice”) if it appears to the Secretary of State—
- (a) in a case referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/2026-02-18)[(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/i/2026-02-18), that the proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct, or
- (b) in a case referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/2026-02-18)[(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/ii/2026-02-18)—
- (a) in a case referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/2026-04-01)[(i)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/i/2026-04-01), that the proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct, or
- (b) in a case referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/2026-04-01)[(ii)](https://www.legislation.gov.uk/ukpga/2025/36/section/109/1/b/ii/2026-04-01)—
- (i) that relevant criminal proceedings will not be brought, or
@@ -3998,35 +3998,35 @@
- (2) An appeal under this section must be made before the end of the period of 28 days beginning with the day on which the notice is given.
- (3) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/a/2026-02-18) may be made only on one or more of the following grounds—
- (3) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/a/2026-04-01) may be made only on one or more of the following grounds—
- (a) that no sum was due to any individual to whom the notice relates on the specified day under or by virtue of the specified provision;
- (b) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum had been paid before the end of the period mentioned in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/b/2026-02-18);
- (c) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum was one to which a notice may not relate by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-02-18) or [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-02-18) of section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-02-18) (period to which notice may relate).
- (4) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/b/2026-02-18) in relation to an individual may be made only on one or more of the following grounds—
- (b) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum had been paid before the end of the period mentioned in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/b/2026-04-01);
- (c) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum was one to which a notice may not relate by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-04-01) or [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-04-01) of section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-04-01) (period to which notice may relate).
- (4) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/b/2026-04-01) in relation to an individual may be made only on one or more of the following grounds—
- (a) that, on the specified day, no sum was due to the individual under or by virtue of the specified provision;
- (b) that, in the case of any sum specified in the notice as due to the individual, the sum had been paid before the end of the period mentioned in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/b/2026-02-18);
- (c) that, in the case of any sum specified in the notice as due to the individual, the sum was one to which a notice may not relate by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-02-18) or [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-02-18) of section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-02-18);
- (b) that, in the case of any sum specified in the notice as due to the individual, the sum had been paid before the end of the period mentioned in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/b/2026-04-01);
- (c) that, in the case of any sum specified in the notice as due to the individual, the sum was one to which a notice may not relate by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-04-01) or [(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/7/2026-04-01) of section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-04-01);
- (d) that the amount specified in the notice as the sum required to be paid to the individual is incorrect;
- (e) that, in the case of a replacement notice given under section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-02-18), the notice contravenes subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2/2026-02-18) of that section.
- (5) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-02-18)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/c/2026-02-18) may be made only on one or more of the following grounds—
- (a) that the notice was given in circumstances specified in a direction under section [108](https://www.legislation.gov.uk/ukpga/2025/36/section/108/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-02-18);
- (e) that, in the case of a replacement notice given under section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-04-01), the notice contravenes subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2/2026-04-01) of that section.
- (5) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-04-01)[(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/c/2026-04-01) may be made only on one or more of the following grounds—
- (a) that the notice was given in circumstances specified in a direction under section [108](https://www.legislation.gov.uk/ukpga/2025/36/section/108/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/108/1/2026-04-01);
- (b) that the amount of the penalty specified in the notice of underpayment has been incorrectly calculated (whether because the notice is incorrect in some of the particulars which affect that calculation or for some other reason).
- (6) Where the tribunal allows an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/a/2026-02-18), it must cancel the notice.
- (7) Where, in a case where subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/6/2026-02-18) does not apply, the tribunal allows an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/b/2026-02-18) or [(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/c/2026-02-18)—
- (6) Where the tribunal allows an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/a/2026-04-01), it must cancel the notice.
- (7) Where, in a case where subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/6/2026-04-01) does not apply, the tribunal allows an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/b/2026-04-01) or [(c)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/1/c/2026-04-01)—
- (a) the tribunal must rectify the notice, and
@@ -4034,9 +4034,9 @@
- (8) In this section—
- “*the specified day*”, in relation to an individual, means the day specified in accordance with section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/a/2026-02-18) in relation to the individual;
- “*the specified provision*”, in relation to an individual, means the statutory pay provision specified in accordance with section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-02-18)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/d/2026-02-18) in relation to the individual;
- “*the specified day*”, in relation to an individual, means the day specified in accordance with section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/a/2026-04-01) in relation to the individual;
- “*the specified provision*”, in relation to an individual, means the statutory pay provision specified in accordance with section [106](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/2026-04-01)[(d)](https://www.legislation.gov.uk/ukpga/2025/36/section/106/2/d/2026-04-01) in relation to the individual;
- “*tribunal*” means— an employment tribunal, in relation to England and Wales or Scotland; an industrial tribunal, in relation to Northern Ireland.
@@ -4052,15 +4052,15 @@
the Secretary of State may withdraw it by giving a notice of withdrawal to the person.
- (2) Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-02-18)—
- (2) Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-04-01)—
- (a) any sum paid by or recovered from the person by way of penalty payable under the notice must be repaid to the person with interest at the appropriate rate running from the date when the sum was paid or recovered;
- (b) any appeal against the notice must be dismissed.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/a/2026-02-18) “*the appropriate rate*” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.
- (4) Where subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/2026-02-18) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/a/2026-04-01) “*the appropriate rate*” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.
- (4) Where subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2/2026-04-01) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).
#### Replacement notice of underpayment
@@ -4068,15 +4068,15 @@
- (1) If the Secretary of State—
- (a) gives a notice of withdrawal to a person under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-02-18), and
- (b) is of the opinion referred to in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18) in relation to any individual specified in the notice which is being withdrawn (“the original notice”),
- (a) gives a notice of withdrawal to a person under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-04-01), and
- (b) is of the opinion referred to in section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01) in relation to any individual specified in the notice which is being withdrawn (“the original notice”),
the Secretary of State may at the same time give a fresh notice of underpayment to the person (a “replacement notice”).
- (2) The replacement notice may not relate to any individual to whom the original notice did not relate.
- (3) The claim period for a replacement notice (see section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-02-18)) is the period—
- (3) The claim period for a replacement notice (see section [105](https://www.legislation.gov.uk/ukpga/2025/36/section/105/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/105/1/2026-04-01)) is the period—
- (a) beginning with the claim period for the original notice, and
@@ -4088,11 +4088,11 @@
- (a) set out the differences between it and the original notice that it is reasonable for the Secretary of State to consider are material, and
- (b) explain the effect of section [113](https://www.legislation.gov.uk/ukpga/2025/36/section/113/2026-02-18).
- (5) Failure to comply with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/4/2026-02-18) does not make the replacement notice ineffective.
- (6) Where a replacement notice is withdrawn under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-02-18), no further replacement notice may be given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/1/2026-02-18) as a result of the withdrawal.
- (b) explain the effect of section [113](https://www.legislation.gov.uk/ukpga/2025/36/section/113/2026-04-01).
- (5) Failure to comply with subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/4/2026-04-01) does not make the replacement notice ineffective.
- (6) Where a replacement notice is withdrawn under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-04-01), no further replacement notice may be given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/112/1/2026-04-01) as a result of the withdrawal.
- (7) Nothing in this section affects any power that exists apart from this section to give a notice of underpayment in relation to any underpaid individual.
@@ -4100,9 +4100,9 @@
##### 113
- (1) This section applies where a notice of underpayment is withdrawn under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-02-18) and a replacement notice is given in accordance with section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-02-18).
- (2) If an appeal has been made under section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-02-18) in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—
- (1) This section applies where a notice of underpayment is withdrawn under section [111](https://www.legislation.gov.uk/ukpga/2025/36/section/111/2026-04-01) and a replacement notice is given in accordance with section [112](https://www.legislation.gov.uk/ukpga/2025/36/section/112/2026-04-01).
- (2) If an appeal has been made under section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-04-01) in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—
- (a) that appeal (“the earlier appeal”) has effect after that time as if it had been made in respect of the replacement notice, and
@@ -4114,7 +4114,7 @@
- (b) any amount by which that sum (or total) exceeds the amount of the penalty imposed by the replacement notice must be repaid to the person with interest at the appropriate rate running from the date when the sum (or, if more than one, the first of them) was paid or recovered.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/113/3/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/113/3/b/2026-02-18) “*the appropriate rate*” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/113/3/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/113/3/b/2026-04-01) “*the appropriate rate*” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.
#### Enforcement of requirement to pay sums due to individuals
@@ -4126,7 +4126,7 @@
- (a) the relevant 28-day period has ended, and
- (b) the liable party’s appeal rights are exhausted (see subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/114/5/2026-02-18)).
- (b) the liable party’s appeal rights are exhausted (see subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/114/5/2026-04-01)).
- (3) If, on an application under this section, the court is satisfied that—
@@ -4140,17 +4140,17 @@
- (5) For the purposes of this section, the liable party’s appeal rights are exhausted if—
- (a) the relevant 28-day period ended without an appeal being made under section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-02-18) in respect of the notice,
- (a) the relevant 28-day period ended without an appeal being made under section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-04-01) in respect of the notice,
- (b) any appeal made under that section by the liable party in respect of the notice has been withdrawn, or
- (c) any such appeal has been finally determined and the notice has not been cancelled under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/6/2026-02-18) of that section.
- (c) any such appeal has been finally determined and the notice has not been cancelled under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/6/2026-04-01) of that section.
- (6) In this section—
- “*the court*” means— the county court, in relation to England and Wales; the sheriff or a summary sheriff, in relation to Scotland; a county court, in relation to Northern Ireland;
- “*the relevant 28-day period*” means the period of 28 days beginning with the day on which the notice (or, where section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-02-18)[(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/7/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/7/b/2026-02-18) applies, the rectified notice) is given.
- “*the relevant 28-day period*” means the period of 28 days beginning with the day on which the notice (or, where section [110](https://www.legislation.gov.uk/ukpga/2025/36/section/110/2026-04-01)[(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/7/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/110/7/b/2026-04-01) applies, the rectified notice) is given.
#### Enforcement of requirement to pay penalty
@@ -4184,9 +4184,9 @@
the Secretary of State may, in place of the worker, bring proceedings about the matter in an employment tribunal under the enactment.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/116/1/2026-02-18) does not apply to—
- (a) any right to bring proceedings about a matter in respect of which a notice of underpayment under section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18) has been given;
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/116/1/2026-04-01) does not apply to—
- (a) any right to bring proceedings about a matter in respect of which a notice of underpayment under section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01) has been given;
- (b) any right arising under or by virtue of the Agricultural Sector (Wales) Act [2014 (anaw 6)](https://www.legislation.gov.uk/anaw/2014/6) or the Agricultural Wages (Scotland) Act 1949.
@@ -4196,7 +4196,7 @@
- (b) for the purposes of dealing with the proceedings, and any proceedings arising out of those proceedings, references to the worker in any enactment are to be read as including a reference to the Secretary of State.
- (4) But, despite subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/116/3/2026-02-18), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).
- (4) But, despite subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/116/3/2026-04-01), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).
- (5) Any appeal arising out of proceedings brought by the Secretary of State in place of a worker by virtue of this section may be brought by the worker as well as by the Secretary of State.
@@ -4246,9 +4246,9 @@
##### 118
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-02-18) applies where—
- (a) the Secretary of State has assisted a person under section [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-02-18) in relation to proceedings, and
- (1) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-04-01) applies where—
- (a) the Secretary of State has assisted a person under section [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-04-01) in relation to proceedings, and
- (b) the person becomes entitled to some or all of the person’s costs or, in Scotland, expenses in the proceedings (whether as a result of an award or as a result of an agreement).
@@ -4258,19 +4258,19 @@
- (b) may be enforced as a debt due to the Secretary of State.
- (3) A requirement to pay money to the Secretary of State under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-02-18) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-02-18), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).
- (5) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-02-18), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.
- (6) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/5/2026-02-18) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—
- (3) A requirement to pay money to the Secretary of State under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-04-01) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-04-01), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).
- (5) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/2/2026-04-01), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.
- (6) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/5/2026-04-01) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—
- (a) partly for one purpose and partly for another, or
- (b) for general purposes.
- (7) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/5/2026-02-18) are subject to the negative resolution procedure.
- (7) Regulations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/118/5/2026-04-01) are subject to the negative resolution procedure.
### Labour market enforcement undertakings
@@ -4278,7 +4278,7 @@
##### 119
- (1) This section applies where the Secretary of State believes that a person has committed, or is committing, a labour market offence (see section [151](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2026-02-18)).
- (1) This section applies where the Secretary of State believes that a person has committed, or is committing, a labour market offence (see section [151](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2026-04-01)).
- (2) The Secretary of State may give a notice to the person—
@@ -4288,7 +4288,7 @@
- (c) inviting the person to give the Secretary of State a labour market enforcement undertaking in the form attached to the notice.
- (3) A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which, see section [120](https://www.legislation.gov.uk/ukpga/2025/36/section/120/2026-02-18)).
- (3) A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which, see section [120](https://www.legislation.gov.uk/ukpga/2025/36/section/120/2026-04-01)).
#### Measures in LME undertakings
@@ -4350,7 +4350,7 @@
- (4) The Secretary of State may release the subject from an LME undertaking.
- (5) The Secretary of State must release the subject from an LME undertaking if at any time during the period for which it has effect the Secretary of State believes that no measure in it is necessary for the purpose mentioned in section [120](https://www.legislation.gov.uk/ukpga/2025/36/section/120/2026-02-18)(6).
- (5) The Secretary of State must release the subject from an LME undertaking if at any time during the period for which it has effect the Secretary of State believes that no measure in it is necessary for the purpose mentioned in section [120](https://www.legislation.gov.uk/ukpga/2025/36/section/120/2026-04-01)(6).
- (6) If the Secretary of State releases the subject from an LME undertaking, the Secretary of State must take whatever steps the Secretary of State considers appropriate to bring that fact to the attention of—
@@ -4362,7 +4362,7 @@
##### 122
- (1) A notice may be given under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-02-18) to a person by—
- (1) A notice may be given under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-04-01) to a person by—
- (a) delivering it to the person,
@@ -4388,7 +4388,7 @@
- (6) A notice may be sent to a person by electronic means only if—
- (a) the person has indicated that notices under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-02-18) may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and
- (a) the person has indicated that notices under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-04-01) may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and
- (b) the notice is sent to that address in that form.
@@ -4408,7 +4408,7 @@
##### 123
- (1) The appropriate court may, on an application by the Secretary of State under section [124](https://www.legislation.gov.uk/ukpga/2025/36/section/124/2026-02-18), make a labour market enforcement order in relation to a person if the court—
- (1) The appropriate court may, on an application by the Secretary of State under section [124](https://www.legislation.gov.uk/ukpga/2025/36/section/124/2026-04-01), make a labour market enforcement order in relation to a person if the court—
- (a) is satisfied, on the balance of probabilities, that the person has committed, or is committing, a labour market offence, and
@@ -4420,7 +4420,7 @@
- (b) requires the respondent to do anything set out in the order.
(See also section [126](https://www.legislation.gov.uk/ukpga/2025/36/section/126/2026-02-18).)
(See also section [126](https://www.legislation.gov.uk/ukpga/2025/36/section/126/2026-04-01).)
- (3) An application for an LME order under this section is—
@@ -4440,9 +4440,9 @@
##### 124
- (1) The Secretary of State may apply for an LME order to be made under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18) in relation to a person (the “proposed respondent”) if—
- (a) the Secretary of State has given the proposed respondent a notice under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-02-18), and
- (1) The Secretary of State may apply for an LME order to be made under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01) in relation to a person (the “proposed respondent”) if—
- (a) the Secretary of State has given the proposed respondent a notice under section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-04-01), and
- (b) the proposed respondent—
@@ -4542,7 +4542,7 @@
- (4) In this section “the appropriate court”—
- (a) in the case of an LME order made in England and Wales (whether made under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18) or [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-02-18)), means a magistrates’ court;
- (a) in the case of an LME order made in England and Wales (whether made under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01) or [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-04-01)), means a magistrates’ court;
- (b) in the case of an LME order made in Scotland, means the sheriff or a summary sheriff;
@@ -4554,11 +4554,11 @@
- (1) A respondent may appeal against—
- (a) the making of an LME order under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18);
- (b) the making of, or refusal to make, an order under section [128](https://www.legislation.gov.uk/ukpga/2025/36/section/128/2026-02-18).
- (2) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/1/2026-02-18) is to be made—
- (a) the making of an LME order under section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01);
- (b) the making of, or refusal to make, an order under section [128](https://www.legislation.gov.uk/ukpga/2025/36/section/128/2026-04-01).
- (2) An appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/1/2026-04-01) is to be made—
- (a) where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;
@@ -4566,15 +4566,15 @@
- (c) where the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.
- (3) On an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/1/2026-02-18), the court hearing the appeal—
- (3) On an appeal under subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/1/2026-04-01), the court hearing the appeal—
- (a) may make such orders as may be necessary to give effect to its determination of the appeal, and
- (b) may also make any incidental or consequential orders that appear to it to be just and reasonable.
- (4) An LME order that has been varied by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/3/2026-02-18) remains an order of the court that first made it for the purposes of section [128](https://www.legislation.gov.uk/ukpga/2025/36/section/128/2026-02-18).
- (5) A respondent may appeal against the making of an LME order under section [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-02-18) as if the order were a sentence passed on the respondent for the labour market offence.
- (4) An LME order that has been varied by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/129/3/2026-04-01) remains an order of the court that first made it for the purposes of section [128](https://www.legislation.gov.uk/ukpga/2025/36/section/128/2026-04-01).
- (5) A respondent may appeal against the making of an LME order under section [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-04-01) as if the order were a sentence passed on the respondent for the labour market offence.
### Safeguards etc
@@ -4586,7 +4586,7 @@
- (a) any enforcement function of the Secretary of State;
- (b) any power of an enforcement officer, other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) (power to bring proceedings in employment tribunal).
- (b) any power of an enforcement officer, other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) (power to bring proceedings in employment tribunal).
- (2) The person must, if required to do so, produce identification showing that the person is authorised to exercise that function.
@@ -4594,21 +4594,21 @@
##### 131
- (1) A warrant under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18) may be executed by any enforcement officer.
- (2) A warrant under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18) may authorise persons to accompany any enforcement officer who is executing it.
- (3) A person authorised under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2/2026-02-18) to accompany an enforcement officer may exercise any power conferred by this Part which the officer may exercise as a result of the warrant.
- (1) A warrant under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01) may be executed by any enforcement officer.
- (2) A warrant under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01) may authorise persons to accompany any enforcement officer who is executing it.
- (3) A person authorised under subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2/2026-04-01) to accompany an enforcement officer may exercise any power conferred by this Part which the officer may exercise as a result of the warrant.
- (4) But the person may exercise such a power only in the company of, and under the supervision of, an enforcement officer.
- (5) [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-02-18) contains further provision about—
- (a) applications for warrants under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18), and
- (b) warrants issued under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18).
- (6) The entry of premises under a warrant issued under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18) is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).
- (5) [Schedule 8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-04-01) contains further provision about—
- (a) applications for warrants under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01), and
- (b) warrants issued under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01).
- (6) The entry of premises under a warrant issued under [section 98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01) is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).
#### Items subject to legal privilege
@@ -4620,7 +4620,7 @@
- (b) in proceedings in the Court of Session on the grounds of confidentiality of communications.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/132/1/2026-02-18) “*communications*” means—
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/132/1/2026-04-01) “*communications*” means—
- (a) communications between a professional legal adviser and the adviser’s client, or
@@ -4630,7 +4630,7 @@
##### 133
- (1) This section applies where a person provides information in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18).
- (1) This section applies where a person provides information in response to a requirement under section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01).
- (2) In any criminal proceedings against the person—
@@ -4638,15 +4638,15 @@
- (b) no question relating to the information may be asked by or on behalf of the prosecution.
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/133/2/2026-02-18) does not apply if, in the proceedings—
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/133/2/2026-04-01) does not apply if, in the proceedings—
- (a) evidence relating to the information is adduced by or on behalf of the person providing it, or
- (b) a question relating to the information is asked by or on behalf of that person.
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/133/2/2026-02-18) does not apply if the proceedings are for—
- (a) an offence under section [140](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2026-02-18) (providing false information or documents);
- (4) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/133/2/2026-04-01) does not apply if the proceedings are for—
- (a) an offence under section [140](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2026-04-01) (providing false information or documents);
- (b) an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath);
@@ -4658,9 +4658,9 @@
##### 134
- (1) A power conferred by section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-02-18) or [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-02-18) may not be exercised in relation to a person serving in an intelligence service unless the Secretary of State certifies that the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/134/3/2026-02-18) is met in relation to the power.
- (2) A power of entry conferred by this Part may not be exercised in relation to any premises (or any part of premises) used for the purposes of an intelligence service unless the Secretary of State certifies that the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/134/3/2026-02-18) is met in relation to the power.
- (1) A power conferred by section [96](https://www.legislation.gov.uk/ukpga/2025/36/section/96/2026-04-01) or [97](https://www.legislation.gov.uk/ukpga/2025/36/section/97/2026-04-01) may not be exercised in relation to a person serving in an intelligence service unless the Secretary of State certifies that the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/134/3/2026-04-01) is met in relation to the power.
- (2) A power of entry conferred by this Part may not be exercised in relation to any premises (or any part of premises) used for the purposes of an intelligence service unless the Secretary of State certifies that the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/134/3/2026-04-01) is met in relation to the power.
- (3) The condition in this subsection is met in relation to a power if the Secretary of State is satisfied that the exercise of the power will not be contrary to the public interest or prejudicial to—
@@ -4702,9 +4702,9 @@
- (1) In this section—
- “*civil proceedings function*” means a function under or by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) or [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-02-18) (powers in relation to civil proceedings);
- “*enforcement function*” means— an enforcement function of the Secretary of State, or a power of an enforcement officer (other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18));
- “*civil proceedings function*” means a function under or by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) or [117](https://www.legislation.gov.uk/ukpga/2025/36/section/117/2026-04-01) (powers in relation to civil proceedings);
- “*enforcement function*” means— an enforcement function of the Secretary of State, or a power of an enforcement officer (other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01));
- “*enforcing authority*” means the Secretary of State or an enforcement officer.
@@ -4718,25 +4718,25 @@
- (4) The Secretary of State may disclose to a person any information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for a purpose connected with an enforcement function or civil proceedings function or a function of the Secretary of State under this Part.
- (5) The Secretary of State may disclose to a person specified in Schedule [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/9/2026-02-18) information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.
- (6) The Secretary of State may by regulations amend Schedule [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/9/2026-02-18).
- (7) Regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/135/6/2026-02-18) are subject to the affirmative resolution procedure.
- (8) Sections [136](https://www.legislation.gov.uk/ukpga/2025/36/section/136/2026-02-18) to [138](https://www.legislation.gov.uk/ukpga/2025/36/section/138/2026-02-18) contain further provision about disclosure of information under this section.
- (5) The Secretary of State may disclose to a person specified in Schedule [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/9/2026-04-01) information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.
- (6) The Secretary of State may by regulations amend Schedule [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/9/2026-04-01).
- (7) Regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2025/36/section/135/6/2026-04-01) are subject to the affirmative resolution procedure.
- (8) Sections [136](https://www.legislation.gov.uk/ukpga/2025/36/section/136/2026-04-01) to [138](https://www.legislation.gov.uk/ukpga/2025/36/section/138/2026-04-01) contain further provision about disclosure of information under this section.
#### Disclosure of information: supplementary provision
##### 136
- (1) A disclosure of information which is authorised by section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18) does not breach—
- (1) A disclosure of information which is authorised by section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01) does not breach—
- (a) an obligation of confidence owed by the person making the disclosure, or
- (b) any other restriction on the disclosure of information (however imposed).
- (2) But nothing in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18) authorises either of the following—
- (2) But nothing in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01) authorises either of the following—
- (a) the making of a disclosure which would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by that section is to be taken into account);
@@ -4744,7 +4744,7 @@
- (3) In subsection (2) “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- (4) Section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18) does not limit the circumstances in which information may be disclosed apart from that section.
- (4) Section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01) does not limit the circumstances in which information may be disclosed apart from that section.
#### Restriction on disclosure of HMRC information
@@ -4754,9 +4754,9 @@
- (2) If an enforcing authority has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from the Commissioners.
- (3) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/1/2026-02-18) and [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2/2026-02-18) do not apply to national minimum wage information.
- (4) If a person contravenes subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/1/2026-02-18) or [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2/2026-02-18) by disclosing revenue and customs information relating to a person whose identity—
- (3) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/1/2026-04-01) and [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2/2026-04-01) do not apply to national minimum wage information.
- (4) If a person contravenes subsection [(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/1/2026-04-01) or [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2/2026-04-01) by disclosing revenue and customs information relating to a person whose identity—
- (a) is specified in the disclosure, or
@@ -4766,9 +4766,9 @@
- (5) In this section—
- “*enforcing authority*” has the same meaning as in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18);
- “*HMRC information*” means information disclosed to an enforcing authority under section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18) by the Commissioners or a person acting on behalf of the Commissioners;
- “*enforcing authority*” has the same meaning as in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01);
- “*HMRC information*” means information disclosed to an enforcing authority under section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01) by the Commissioners or a person acting on behalf of the Commissioners;
- “*national minimum wage information*” means information obtained by an enforcing authority for the purposes of enforcing any provision of the National Minimum Wage Act 1998;
@@ -4778,7 +4778,7 @@
##### 138
- (1) Section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18)(2) does not authorise a person to disclose information to an enforcing authority where—
- (1) Section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01)(2) does not authorise a person to disclose information to an enforcing authority where—
- (a) the person is serving in an intelligence service, or
@@ -4794,7 +4794,7 @@
- “*appropriate service chief*” means— the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Chief of the Secret Intelligence Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Director of GCHQ, in the case of information obtained from, or relating to, GCHQ or a person acting on its behalf;
- “*enforcing authority*” has the same meaning as in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18);
- “*enforcing authority*” has the same meaning as in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01);
- “*intelligence service disclosure arrangements*” means— arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service; arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service; arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;
@@ -4838,7 +4838,7 @@
- (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2/a/2026-02-18) “*the maximum term for summary offences*” means—
- (3) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2/a/2026-04-01) “*the maximum term for summary offences*” means—
- (a) in the case of an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
@@ -4848,9 +4848,9 @@
##### 141
- (1) A person in relation to whom a certificate is issued by the Secretary of State for the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-02-18) is not liable for the commission of an offence under [section 140](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2026-02-18) (offence of providing false information or documents).
- (2) The Secretary of State may issue a certificate in relation to a person for the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-02-18) only if satisfied that it is necessary for the person to engage in conduct amounting to such an offence—
- (1) A person in relation to whom a certificate is issued by the Secretary of State for the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-04-01) is not liable for the commission of an offence under [section 140](https://www.legislation.gov.uk/ukpga/2025/36/section/140/2026-04-01) (offence of providing false information or documents).
- (2) The Secretary of State may issue a certificate in relation to a person for the purposes of [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-04-01) only if satisfied that it is necessary for the person to engage in conduct amounting to such an offence—
- (a) in the interests of national security,
@@ -4858,9 +4858,9 @@
- (c) in the interests of the economic well-being of the United Kingdom.
- (3) A certificate under [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-02-18) may be revoked by the Secretary of State at any time.
- (4) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2/b/2026-02-18)—
- (3) A certificate under [this section](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2026-04-01) may be revoked by the Secretary of State at any time.
- (4) For the purposes of [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/141/2/b/2026-04-01)—
- (a) “*crime*” means conduct which—
@@ -4888,7 +4888,7 @@
- (a) an enforcement function of the Secretary of State, or
- (b) a power of an enforcement officer, other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-02-18) (power to bring proceedings in employment tribunal).
- (b) a power of an enforcement officer, other than a power by virtue of section [116](https://www.legislation.gov.uk/ukpga/2025/36/section/116/2026-04-01) (power to bring proceedings in employment tribunal).
- (3) A person guilty of an offence under this section is liable—
@@ -5058,7 +5058,7 @@
##### 147
- (1) Subject to the provisions of [section 134](https://www.legislation.gov.uk/ukpga/2025/36/section/134/2026-02-18) and this section, this Part is binding on the Crown and applies in relation to any Crown premises as it applies in relation to any other premises.
- (1) Subject to the provisions of [section 134](https://www.legislation.gov.uk/ukpga/2025/36/section/134/2026-04-01) and this section, this Part is binding on the Crown and applies in relation to any Crown premises as it applies in relation to any other premises.
- (2) In this section “*Crown premises*” means premises held, or used, by or on behalf of the Crown.
@@ -5096,9 +5096,9 @@
##### 149
- (1) Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) contains consequential amendments relating to this Part.
- (2) Part 1 of Schedule [11](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/2026-02-18) contains provision for the making of schemes for the transfer of staff, property, rights and liabilities from the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement to the Secretary of State.
- (1) Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) contains consequential amendments relating to this Part.
- (2) Part 1 of Schedule [11](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/2026-04-01) contains provision for the making of schemes for the transfer of staff, property, rights and liabilities from the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement to the Secretary of State.
- (3) Part 2 of that Schedule contains other transitional and saving provision for the purposes of this Part.
@@ -5124,7 +5124,7 @@
- (1) In this Part—
- “*the Advisory Board*” means the Advisory Board established under section [93](https://www.legislation.gov.uk/ukpga/2025/36/section/93/2026-02-18);
- “*the Advisory Board*” means the Advisory Board established under section [93](https://www.legislation.gov.uk/ukpga/2025/36/section/93/2026-04-01);
- “*ancillary offence*”, in relation to an offence under any provision of relevant labour market legislation, means— an offence of attempting or conspiring to commit such an offence; an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence; an offence of inciting a person to commit such an offence; an offence of aiding, abetting, counselling or procuring the commission of such an offence;
@@ -5132,15 +5132,15 @@
- “*employee*” means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 ([S.I. 1996/1919 (N.I. 16)](https://www.legislation.gov.uk/nisi/1996/1919));
- “*employer*” has the meaning given by [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2/2026-02-18);
- “*employer*” has the meaning given by [subsection (2)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2/2026-04-01);
- “*employers’ association*” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 122 of that Act);
- “*enactment*” means an enactment whenever passed or made, and includes— an enactment contained in subordinate legislation, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- “*enforcement function*”, in relation to the Secretary of State, has the meaning given by section [91](https://www.legislation.gov.uk/ukpga/2025/36/section/91/2026-02-18);
- “*enforcement officer*” has the meaning given by section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/3/2026-02-18);
- “*enforcement function*”, in relation to the Secretary of State, has the meaning given by section [91](https://www.legislation.gov.uk/ukpga/2025/36/section/91/2026-04-01);
- “*enforcement officer*” has the meaning given by section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/3/2026-04-01);
- “*GCHQ*” has the same meaning as in the Intelligence Services Act 1994;
@@ -5148,35 +5148,35 @@
- “*labour market offence*” means— an offence under any provision of relevant labour market legislation, or an ancillary offence relating to such an offence;
- “*the liable party*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18);
- “*LME order*” has the meaning given by section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18)(2);
- “*LME undertaking*” has the meaning given by section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-02-18)(3);
- “*non-compliance with relevant labour market legislation*” has the meaning given by section [150](https://www.legislation.gov.uk/ukpga/2025/36/section/150/2026-02-18); and any reference to a failure to comply with relevant labour market legislation is to be read accordingly;
- “*notice of underpayment*” has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2/2026-02-18);
- “*premises*” has the meaning given by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/3/2026-02-18);
- “*the relevant day*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18);
- “*relevant labour market legislation*” means the labour market legislation listed in Part 1 of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-02-18);
- “*respondent*”, in relation to an LME order, has the meaning given by section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18)(2);
- “*statutory pay provision*” has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/7/2026-02-18);
- “*subject*”, in relation to an LME undertaking, has the meaning given by section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-02-18)(3);
- “*the liable party*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01);
- “*LME order*” has the meaning given by section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01)(2);
- “*LME undertaking*” has the meaning given by section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-04-01)(3);
- “*non-compliance with relevant labour market legislation*” has the meaning given by section [150](https://www.legislation.gov.uk/ukpga/2025/36/section/150/2026-04-01); and any reference to a failure to comply with relevant labour market legislation is to be read accordingly;
- “*notice of underpayment*” has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2/2026-04-01);
- “*premises*” has the meaning given by subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/3/2026-04-01);
- “*the relevant day*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01);
- “*relevant labour market legislation*” means the labour market legislation listed in Part 1 of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-04-01);
- “*respondent*”, in relation to an LME order, has the meaning given by section [123](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01)(2);
- “*statutory pay provision*” has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(7)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/7/2026-04-01);
- “*subject*”, in relation to an LME undertaking, has the meaning given by section [119](https://www.legislation.gov.uk/ukpga/2025/36/section/119/2026-04-01)(3);
- “*subordinate legislation*” has the meaning given by section 21(1) of the Interpretation Act 1978;
- “*trade union*” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 1 of that Act);
- “*underpaid individual*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-02-18);
- “*worker*” (except in section [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18)) has the meaning given by subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/5/2026-02-18).
- “*underpaid individual*”, in relation to a notice of underpayment, has the meaning given by section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/103/1/2026-04-01);
- “*worker*” (except in section [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01)) has the meaning given by subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/5/2026-04-01).
- (2) In this Part “*employer*” means any of the following—
@@ -5222,7 +5222,7 @@
- (d) any renewable energy installation.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/3/2026-02-18)—
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/3/2026-04-01)—
- “*offshore installation*” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;
@@ -5258,7 +5258,7 @@
##### 152
Schedule [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/2026-02-18) makes amendments for the purpose of increasing time limits for making claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.
Schedule [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/2026-04-01) makes amendments for the purpose of increasing time limits for making claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.
### Regulations etc under Employment Rights Act 1996
@@ -5321,7 +5321,7 @@
- (b) contain supplementary, incidental, consequential, transitional or saving provision.
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/156/3/2026-02-18) does not apply to regulations under section [159](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2026-02-18) (see instead subsection (4) of that section).
- (4) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/156/3/2026-04-01) does not apply to regulations under section [159](https://www.legislation.gov.uk/ukpga/2025/36/section/159/2026-04-01) (see instead subsection (4) of that section).
- (5) Where regulations under this Act are subject to the “negative resolution procedure”—
@@ -5369,17 +5369,17 @@
- (c) Part 5 and this Part extend to England and Wales, Scotland and Northern Ireland.
- (2) Sections [12](https://www.legislation.gov.uk/ukpga/2025/36/section/12/2026-02-18) and [13](https://www.legislation.gov.uk/ukpga/2025/36/section/13/2026-02-18) (statutory sick pay in Northern Ireland) extend to Northern Ireland only.
- (3) Section [32](https://www.legislation.gov.uk/ukpga/2025/36/section/32/2026-02-18) (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.
- (4) Except as set out in subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/158/5/2026-02-18), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.
- (5) In Schedule [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/2026-02-18) (increase in time limits for making claims)—
- (a) the amendments made by paragraph [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/3/2026-02-18) and [(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/4/2026-02-18) extend to Northern Ireland only;
- (b) the amendments made by paragraphs [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/10/2026-02-18), [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/12/2026-02-18) and [13](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/13/2026-02-18) extend to England and Wales and Scotland only.
- (2) Sections [12](https://www.legislation.gov.uk/ukpga/2025/36/section/12/2026-04-01) and [13](https://www.legislation.gov.uk/ukpga/2025/36/section/13/2026-04-01) (statutory sick pay in Northern Ireland) extend to Northern Ireland only.
- (3) Section [32](https://www.legislation.gov.uk/ukpga/2025/36/section/32/2026-04-01) (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.
- (4) Except as set out in subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/158/5/2026-04-01), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.
- (5) In Schedule [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/2026-04-01) (increase in time limits for making claims)—
- (a) the amendments made by paragraph [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/3/2026-04-01) and [(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/9/4/2026-04-01) extend to Northern Ireland only;
- (b) the amendments made by paragraphs [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/10/2026-04-01), [12](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/12/2026-04-01) and [13](https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/paragraph/13/2026-04-01) extend to England and Wales and Scotland only.
#### Commencement
@@ -5387,63 +5387,63 @@
- (1) The following provisions of this Act come into force on the day on which this Act is passed—
- (a) section [19](https://www.legislation.gov.uk/ukpga/2025/36/section/19/2026-02-18) (review of extent of right to time off for public duties);
- (b) [section 37](https://www.legislation.gov.uk/ukpga/2025/36/section/37/2026-02-18) (guidance about the employment of children on heritage railways);
- (c) section [78](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2026-02-18) (repeal of provision about minimum service levels);
- (d) sections [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-02-18) to [158](https://www.legislation.gov.uk/ukpga/2025/36/section/158/2026-02-18), this section and section [160](https://www.legislation.gov.uk/ukpga/2025/36/section/160/2026-02-18).
- (a) section [19](https://www.legislation.gov.uk/ukpga/2025/36/section/19/2026-04-01) (review of extent of right to time off for public duties);
- (b) [section 37](https://www.legislation.gov.uk/ukpga/2025/36/section/37/2026-04-01) (guidance about the employment of children on heritage railways);
- (c) section [78](https://www.legislation.gov.uk/ukpga/2025/36/section/78/2026-04-01) (repeal of provision about minimum service levels);
- (d) sections [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-04-01) to [158](https://www.legislation.gov.uk/ukpga/2025/36/section/158/2026-04-01), this section and section [160](https://www.legislation.gov.uk/ukpga/2025/36/section/160/2026-04-01).
- (2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—
- (a) section [61](https://www.legislation.gov.uk/ukpga/2025/36/section/61/2026-02-18) (political funds: requirement to pass political resolution);
- (b) section [62](https://www.legislation.gov.uk/ukpga/2025/36/section/62/2026-02-18) (requirement to contribute to political fund);
- (c) section [63](https://www.legislation.gov.uk/ukpga/2025/36/section/63/2026-02-18) (deduction of trade union subscriptions from wages in public sector);
- (d) section [66](https://www.legislation.gov.uk/ukpga/2025/36/section/66/2026-02-18) (facility time: publication requirements and reserve powers);
- (e) section [67](https://www.legislation.gov.uk/ukpga/2025/36/section/67/2026-02-18) (blacklists: additional powers);
- (f) section [69](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2026-02-18) (industrial action ballots: support thresholds);
- (g) section [70](https://www.legislation.gov.uk/ukpga/2025/36/section/70/2026-02-18) (industrial action ballots: information to be included in notices to employers);
- (h) section [71](https://www.legislation.gov.uk/ukpga/2025/36/section/71/2026-02-18) (industrial action ballots: information to be included on voting paper);
- (i) section [72](https://www.legislation.gov.uk/ukpga/2025/36/section/72/2026-02-18) (period after which industrial action ballot ceases to be effective);
- (j) section [73](https://www.legislation.gov.uk/ukpga/2025/36/section/73/2026-02-18) (electronic balloting);
- (k) section [74](https://www.legislation.gov.uk/ukpga/2025/36/section/74/2026-02-18) (notice to employers of industrial action);
- (l) section [75](https://www.legislation.gov.uk/ukpga/2025/36/section/75/2026-02-18) (union supervision of picketing);
- (m) section [80](https://www.legislation.gov.uk/ukpga/2025/36/section/80/2026-02-18) (union annual returns: removal of provision about political expenditure);
- (n) section [82](https://www.legislation.gov.uk/ukpga/2025/36/section/82/2026-02-18) (Certification Officer: removal of investigatory powers);
- (o) section [83](https://www.legislation.gov.uk/ukpga/2025/36/section/83/2026-02-18) (Certification Officer: powers to be exercised only on application);
- (p) section [84](https://www.legislation.gov.uk/ukpga/2025/36/section/84/2026-02-18) (Certification Officer: removal of power to impose financial penalties);
- (q) section [86](https://www.legislation.gov.uk/ukpga/2025/36/section/86/2026-02-18) (Certification Officer: appeals to the Employment Appeal Tribunal);
- (r) section [87](https://www.legislation.gov.uk/ukpga/2025/36/section/87/2026-02-18) (employment outside Great Britain);
- (s) section [89](https://www.legislation.gov.uk/ukpga/2025/36/section/89/2026-02-18) (devolved Welsh authorities).
- (a) section [61](https://www.legislation.gov.uk/ukpga/2025/36/section/61/2026-04-01) (political funds: requirement to pass political resolution);
- (b) section [62](https://www.legislation.gov.uk/ukpga/2025/36/section/62/2026-04-01) (requirement to contribute to political fund);
- (c) section [63](https://www.legislation.gov.uk/ukpga/2025/36/section/63/2026-04-01) (deduction of trade union subscriptions from wages in public sector);
- (d) section [66](https://www.legislation.gov.uk/ukpga/2025/36/section/66/2026-04-01) (facility time: publication requirements and reserve powers);
- (e) section [67](https://www.legislation.gov.uk/ukpga/2025/36/section/67/2026-04-01) (blacklists: additional powers);
- (f) section [69](https://www.legislation.gov.uk/ukpga/2025/36/section/69/2026-04-01) (industrial action ballots: support thresholds);
- (g) section [70](https://www.legislation.gov.uk/ukpga/2025/36/section/70/2026-04-01) (industrial action ballots: information to be included in notices to employers);
- (h) section [71](https://www.legislation.gov.uk/ukpga/2025/36/section/71/2026-04-01) (industrial action ballots: information to be included on voting paper);
- (i) section [72](https://www.legislation.gov.uk/ukpga/2025/36/section/72/2026-04-01) (period after which industrial action ballot ceases to be effective);
- (j) section [73](https://www.legislation.gov.uk/ukpga/2025/36/section/73/2026-04-01) (electronic balloting);
- (k) section [74](https://www.legislation.gov.uk/ukpga/2025/36/section/74/2026-04-01) (notice to employers of industrial action);
- (l) section [75](https://www.legislation.gov.uk/ukpga/2025/36/section/75/2026-04-01) (union supervision of picketing);
- (m) section [80](https://www.legislation.gov.uk/ukpga/2025/36/section/80/2026-04-01) (union annual returns: removal of provision about political expenditure);
- (n) section [82](https://www.legislation.gov.uk/ukpga/2025/36/section/82/2026-04-01) (Certification Officer: removal of investigatory powers);
- (o) section [83](https://www.legislation.gov.uk/ukpga/2025/36/section/83/2026-04-01) (Certification Officer: powers to be exercised only on application);
- (p) section [84](https://www.legislation.gov.uk/ukpga/2025/36/section/84/2026-04-01) (Certification Officer: removal of power to impose financial penalties);
- (q) section [86](https://www.legislation.gov.uk/ukpga/2025/36/section/86/2026-04-01) (Certification Officer: appeals to the Employment Appeal Tribunal);
- (r) section [87](https://www.legislation.gov.uk/ukpga/2025/36/section/87/2026-04-01) (employment outside Great Britain);
- (s) section [89](https://www.legislation.gov.uk/ukpga/2025/36/section/89/2026-04-01) (devolved Welsh authorities).
- (3) The other provisions of this Act come into force in accordance with regulations made by the Secretary of State.
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-02-18) may make different provision for different purposes or different areas.
- (5) In deciding whether and when to make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-02-18) bringing section [68](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2026-02-18) (industrial action ballots: turnout threshold) into force for any purpose, the Secretary of State must have regard to what effect any provision made after this Act is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote in such ballots doing so.
- (6) The Secretary of State may not make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-02-18) bringing section [68](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2026-02-18) into force for any purpose unless the Secretary of State has laid before Parliament a statement as to how the Secretary of State has had regard to any such effect.
- (7) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/5/2026-02-18) “*industrial action ballot*” means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
- (4) Regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-04-01) may make different provision for different purposes or different areas.
- (5) In deciding whether and when to make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-04-01) bringing section [68](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2026-04-01) (industrial action ballots: turnout threshold) into force for any purpose, the Secretary of State must have regard to what effect any provision made after this Act is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote in such ballots doing so.
- (6) The Secretary of State may not make regulations under subsection [(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3/2026-04-01) bringing section [68](https://www.legislation.gov.uk/ukpga/2025/36/section/68/2026-04-01) into force for any purpose unless the Secretary of State has laid before Parliament a statement as to how the Secretary of State has had regard to any such effect.
- (7) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/5/2026-04-01) “*industrial action ballot*” means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
#### Short title
@@ -6017,11 +6017,11 @@
##### 5
- (1) The provision that may be made under section [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-02-18) (power to make consequential amendments) by any regulations that amend a relevant provision in consequence of the repeal of section 124 of the Employment Rights Act 1996 by [section 25](https://www.legislation.gov.uk/ukpga/2025/36/section/25/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/3/2026-02-18) includes (among other things)—
- (1) The provision that may be made under section [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-04-01) (power to make consequential amendments) by any regulations that amend a relevant provision in consequence of the repeal of section 124 of the Employment Rights Act 1996 by [section 25](https://www.legislation.gov.uk/ukpga/2025/36/section/25/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/25/3/2026-04-01) includes (among other things)—
- (a) provision amending section 34 of the Employment Relations Act 1999 for the purpose of applying that section to a relevant sum;
- (b) provision conferring power on the Secretary of State by regulations to vary a relevant limit, in the same manner and to the same extent as the power conferred by section 15 of the Enterprise and Regulatory Reform Act 2013 to vary the limit imposed by section 124(1) of the Employment Rights Act 1996 (but see sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/4/2026-02-18));
- (b) provision conferring power on the Secretary of State by regulations to vary a relevant limit, in the same manner and to the same extent as the power conferred by section 15 of the Enterprise and Regulatory Reform Act 2013 to vary the limit imposed by section 124(1) of the Employment Rights Act 1996 (but see sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/4/2026-04-01));
- (c) provision that is consequential on provision within paragraph (a) or (b).
@@ -6029,7 +6029,7 @@
- (a) “*relevant provision*” means—
- (i) a provision listed in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/3/2026-02-18), or
- (i) a provision listed in sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/3/2026-04-01), or
- (ii) any other provision that limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996;
@@ -6037,9 +6037,9 @@
- (c) “*relevant limit*” means a limit on the amount of compensation payable by virtue of a relevant provision that is specified in the provision in consequence of that repeal;
- (d) the reference in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/b/2026-02-18) to section 15 of the Enterprise and Regulatory Reform Act 2013 is a reference to that section as it had effect immediately before the coming into force of paragraph [3](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/3/2026-02-18).
- (3) The provisions referred to in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/a/2026-02-18)[(i)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/a/i/2026-02-18) (each of which limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996) are—
- (d) the reference in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/b/2026-04-01) to section 15 of the Enterprise and Regulatory Reform Act 2013 is a reference to that section as it had effect immediately before the coming into force of paragraph [3](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/3/2026-04-01).
- (3) The provisions referred to in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/a/2026-04-01)[(i)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/2/a/i/2026-04-01) (each of which limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996) are—
- (a) section 67 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right not to be unjustifiably disciplined by trade union: remedies for infringement);
@@ -6059,9 +6059,9 @@
- (i) regulation 9 of the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 ([S.I. 2022/1145](https://www.legislation.gov.uk/uksi/2022/1145)) (enforcement of right not to be subjected to detriment).
- (4) The power that may be conferred by provision made by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/b/2026-02-18) includes power to specify different amounts in relation to different descriptions of persons by whom compensation is payable by virtue of a relevant provision.
- (5) The power to make regulations under section [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-02-18) is to be regarded as including power to make provision amending section 49[(7A)](#p18742) or [(7B)](#p18769) of the Employment Rights Act 1996, as inserted by paragraph [13](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/paragraph/13/2026-02-18) of Schedule [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/2026-02-18), in consequence of the repeal of section 124 of the Employment Rights Act 1996 regardless of whether that repeal comes into force before or after the day on which that paragraph is brought into force for any purpose.
- (4) The power that may be conferred by provision made by virtue of sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/3/paragraph/5/1/b/2026-04-01) includes power to specify different amounts in relation to different descriptions of persons by whom compensation is payable by virtue of a relevant provision.
- (5) The power to make regulations under section [154](https://www.legislation.gov.uk/ukpga/2025/36/section/154/2026-04-01) is to be regarded as including power to make provision amending section 49[(7A)](#p18742) or [(7B)](#p18769) of the Employment Rights Act 1996, as inserted by paragraph [13](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/paragraph/13/2026-04-01) of Schedule [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/2/2026-04-01), in consequence of the repeal of section 124 of the Employment Rights Act 1996 regardless of whether that repeal comes into force before or after the day on which that paragraph is brought into force for any purpose.
## Schedule 4
@@ -6338,7 +6338,7 @@
##### 1
The Seafarers’ Wages Act 2023 (“*the Act*”) is amended in accordance with paragraphs [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/paragraph/2/2026-02-18) to [23](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/paragraph/23/2026-02-18).
The Seafarers’ Wages Act 2023 (“*the Act*”) is amended in accordance with paragraphs [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/paragraph/2/2026-04-01) to [23](https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/paragraph/23/2026-04-01).
#### Part 1 of the Act: relevant services
@@ -6975,7 +6975,7 @@
##### 10
After paragraph [19L](#p22948) (inserted by paragraph [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/9/2026-02-18) of this Schedule) insert—
After paragraph [19L](#p22948) (inserted by paragraph [9](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/9/2026-04-01) of this Schedule) insert—
> (19M)
> (1) Each of the parties informed by the CAC under paragraph 15(5) that an application under paragraph 11 or 12 is accepted must refrain from using any unfair practice in relation to the application.
@@ -7536,7 +7536,7 @@
##### 41
After paragraph [81F](#p24684) (inserted by paragraph [40](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/40/2026-02-18) of this Schedule) insert—
After paragraph [81F](#p24684) (inserted by paragraph [40](https://www.legislation.gov.uk/ukpga/2025/36/schedule/6/paragraph/40/2026-04-01) of this Schedule) insert—
> (81G)
> (1) Each of the parties informed by the CAC under paragraph 68(5) or 76(5) that an application under paragraph 66 or 75 is accepted must refrain from using any unfair practice in relation to the application.
@@ -8261,7 +8261,7 @@
##### 26
The references in paragraphs [22](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/22/2026-02-18) and [25](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/25/2026-02-18) to the Gangmasters (Licensing) Act 2004 are to that Act only so far as it applies in relation to England and Wales and Scotland.
The references in paragraphs [22](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/22/2026-04-01) and [25](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/25/2026-04-01) 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
@@ -8311,7 +8311,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/29/2026-02-18);
- (b) an offence under section 2 or 4 of that Act falling within paragraph [29](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/29/2026-04-01);
- (c) an ancillary offence relating to an offence within paragraph (a) or (b).
@@ -8355,7 +8355,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/35/3/2026-02-18)—
- (4) For the purposes of sub-paragraph [(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/35/3/2026-04-01)—
- “*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;
@@ -8365,13 +8365,13 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/91/2026-02-18) (enforcement functions of Secretary of State);
- (b) section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-02-18) (delegation of functions);
- (c) section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-02-18) (power to give notice of underpayment);
- (d) section [150](https://www.legislation.gov.uk/ukpga/2025/36/section/150/2026-02-18) (meaning of “*non-compliance with relevant labour market legislation*”).
- (a) section [91](https://www.legislation.gov.uk/ukpga/2025/36/section/91/2026-04-01) (enforcement functions of Secretary of State);
- (b) section [92](https://www.legislation.gov.uk/ukpga/2025/36/section/92/2026-04-01) (delegation of functions);
- (c) section [103](https://www.legislation.gov.uk/ukpga/2025/36/section/103/2026-04-01) (power to give notice of underpayment);
- (d) section [150](https://www.legislation.gov.uk/ukpga/2025/36/section/150/2026-04-01) (meaning of “*non-compliance with relevant labour market legislation*”).
- (6) Regulations under this paragraph that add an enactment which—
@@ -8391,9 +8391,9 @@
This Schedule applies in relation to—
- (a) applications for warrants under section [98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18), and
- (b) warrants issued under section [98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-02-18) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18).
- (a) applications for warrants under section [98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01), and
- (b) warrants issued under section [98](https://www.legislation.gov.uk/ukpga/2025/36/section/98/2026-04-01) or [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01).
## Part 2 — Warrants: applications and safeguards
@@ -8469,7 +8469,7 @@
- (c) the officer must produce the warrant to the occupier;
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/paragraph/5/2026-02-18).
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/paragraph/5/2026-04-01).
- (2) Where—
@@ -8479,7 +8479,7 @@
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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/paragraph/5/2026-02-18), in a prominent place on the premises.
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/paragraph/5/2026-04-01), in a prominent place on the premises.
#### Securing premises after entry
@@ -9103,8 +9103,8 @@
- (6) For subsection (11) substitute—
> (11) In this section—
> - “*enforcement officer*” has the meaning given by section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/3/2026-02-18) of the Employment Rights Act 2025;
> - “*labour market offence*” has the same meaning as in Part 5 of that Act (see section [151](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/1/2026-02-18) of that Act).
> - “*enforcement officer*” has the meaning given by section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/90/3/2026-04-01) of the Employment Rights Act 2025;
> - “*labour market offence*” has the same meaning as in Part 5 of that Act (see section [151](https://www.legislation.gov.uk/ukpga/2025/36/section/151/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/section/151/1/2026-04-01) of that Act).
#### Companies Act 1985
@@ -9127,14 +9127,14 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18) of the Employment Rights Act 2025, and
> (a) are appointed by the Secretary of State under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18) of the Employment Rights Act 2025, and
> (a) are appointed by the Secretary of State under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01) 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.
@@ -9222,7 +9222,7 @@
> (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](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-02-18) of the Employment Rights Act 2025.
> (2) In this section “*enforcement officer*” means a person appointed by the Secretary of State under section [90](https://www.legislation.gov.uk/ukpga/2025/36/section/90/2026-04-01) 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.
@@ -9408,7 +9408,7 @@
| Employment Rights Act 2025 | | |
| --- | --- | --- |
| section [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-02-18) | labour market enforcement order | labour market offence within the meaning of Part 5 of that Act. |
| section [125](https://www.legislation.gov.uk/ukpga/2025/36/section/125/2026-04-01) | labour market enforcement order | labour market offence within the meaning of Part 5 of that Act. |
#### Police, Crime, Sentencing and Courts Act 2022
@@ -9424,9 +9424,9 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/139/2026-02-18) 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](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-02-18) of the Employment Rights Act 2025”.
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/139/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/section/123/2026-04-01) of the Employment Rights Act 2025”.
## Schedule 11
@@ -9508,7 +9508,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), and
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), and
- (b) is in effect immediately before the day on which the amendment or repeal comes into force,
@@ -9516,13 +9516,13 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), and
- (a) relates to a function of a relevant person under a provision amended or repealed by Part 1 of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), that thing has effect as if done under, or may be continued under, the corresponding provision of this Act.
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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—
@@ -9540,7 +9540,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/155/2026-02-18), which confers power to make transitional or saving provision).
- (5) Sub-paragraphs (1) to (3) are subject to the remaining provisions of this Schedule (and see also section [155](https://www.legislation.gov.uk/ukpga/2025/36/section/155/2026-04-01), which confers power to make transitional or saving provision).
#### Powers to obtain documents etc
@@ -9554,13 +9554,13 @@
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](https://www.legislation.gov.uk/ukpga/2025/36/section/100/2026-02-18).
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/100/2026-04-01).
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18).
- “*repealed provision*” means a provision repealed by Part 1 of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01).
#### Labour abuse prevention officers
@@ -9570,7 +9570,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/63/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) comes into force (“*the relevant day*”),
- (b) is in effect immediately before the day on which paragraph [63](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/63/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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.
@@ -9594,31 +9594,31 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/38/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) comes into force, and
- (a) is made in England and Wales or Scotland before the day on which paragraph [38](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/38/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18) of this Act.
- (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](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/38/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) comes into force, and
- (a) is issued under that section before the day on which paragraph [38](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/38/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) comes into force, and
- (b) is not executed before that day.
- (2) The warrant is to be treated for the purposes of section [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-02-18) of this Act as if it had been issued under that section.
- (2) The warrant is to be treated for the purposes of section [102](https://www.legislation.gov.uk/ukpga/2025/36/section/102/2026-04-01) 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)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/a/2026-02-18), after “bring” there were inserted “any persons or”, and
- (b) after subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-02-18) there were inserted—
- (a) in subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/a/2026-04-01), after “bring” there were inserted “any persons or”, and
- (b) after subsection [(4)](https://www.legislation.gov.uk/ukpga/2025/36/section/102/4/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-02-18) and Schedule [8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-02-18) do not apply in relation to the warrant.
- (4) Section [131](https://www.legislation.gov.uk/ukpga/2025/36/section/131/2026-04-01) and Schedule [8](https://www.legislation.gov.uk/ukpga/2025/36/schedule/8/2026-04-01) do not apply in relation to the warrant.
#### LME undertakings and orders
@@ -9664,37 +9664,37 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/2/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), is held by an officer acting for the purposes of the 1973 Act.
- (b) immediately before the coming into force of paragraph [2](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/2/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-02-18) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/12/2026-02-18);
- (b) any information which, immediately before the coming into force of paragraph [20](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/20/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/21/2026-02-18) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/2/2026-02-18) of this Schedule.
- (2) Any reference in section [137](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2026-02-18) 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)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/a/2026-02-18), [(d)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/d/2026-02-18), [(e)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/e/2026-02-18), [(f)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/f/2026-02-18) or [(g)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/g/2026-02-18) of paragraph [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-02-18)[(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/2026-02-18) by the Commissioners for His Majesty’s Revenue and Customs or a person acting on behalf of the Commissioners, and
- (1) Any reference in section [135](https://www.legislation.gov.uk/ukpga/2025/36/section/135/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/12/2026-04-01);
- (b) any information which, immediately before the coming into force of paragraph [20](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/20/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/21/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/2/2026-04-01) of this Schedule.
- (2) Any reference in section [137](https://www.legislation.gov.uk/ukpga/2025/36/section/137/2026-04-01) 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)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/a/2026-04-01), [(d)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/d/2026-04-01), [(e)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/e/2026-04-01), [(f)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/f/2026-04-01) or [(g)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/g/2026-04-01) of paragraph [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-04-01)[(4)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/4/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/3/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) 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).
The repeal of section 9 of the Employment Agencies Act 1973 (inspection) by paragraph [3](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/3/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/30/2026-02-18)(2)(b) of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-02-18) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/63/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18)).
The reference in paragraph [30](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/paragraph/30/2026-04-01)(2)(b) of Schedule [7](https://www.legislation.gov.uk/ukpga/2025/36/schedule/7/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/63/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01)).
##### 16
@@ -9702,11 +9702,11 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/49/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) comes into force, that requirement has not been complied with,
- (b) immediately before the day on which paragraph [49](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/49/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/50/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), 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.
- (2) On and after the coming into force of paragraph [50](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/50/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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.
@@ -9716,11 +9716,11 @@
- (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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/52/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) comes into force, that requirement has not been complied with,
- (b) immediately before the day on which paragraph [52](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/52/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/53/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18), 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.
- (2) On and after the coming into force of paragraph [53](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/53/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01), 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.
@@ -9728,13 +9728,13 @@
##### 18
Except so far as provided for by paragraph [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-02-18)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/1/2026-02-18) or [(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2/2026-02-18) of this Schedule, the repeal of sections 19 to 19H of the National Minimum Wage Act 1998 by paragraph [23](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/23/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-02-18)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/3/2026-02-18) of this Schedule does not apply in relation to things done, or in the process of being done, under any of those sections).
Except so far as provided for by paragraph [6](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-04-01)[(1)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/1/2026-04-01) or [(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2/2026-04-01) of this Schedule, the repeal of sections 19 to 19H of the National Minimum Wage Act 1998 by paragraph [23](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/23/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/2026-04-01)[(3)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/11/paragraph/6/3/2026-04-01) 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](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/17/2026-02-18) to [24](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/24/2026-02-18), [68](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/68/2026-02-18)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/68/2/2026-02-18), [81](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/81/2026-02-18)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/81/a/2026-02-18) and [85](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/85/2026-02-18)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/85/b/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) 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—
The amendments made by paragraphs [17](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/17/2026-04-01) to [24](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/24/2026-04-01), [68](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/68/2026-04-01)[(2)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/68/2/2026-04-01), [81](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/81/2026-04-01)[(a)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/81/a/2026-04-01) and [85](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/85/2026-04-01)[(b)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/85/b/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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;
@@ -9748,7 +9748,7 @@
##### 20
The amendment made by paragraph [45](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/45/2026-02-18)[(6)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/45/6/2026-02-18) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-02-18) 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.
The amendment made by paragraph [45](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/45/2026-04-01)[(6)](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/paragraph/45/6/2026-04-01) of Schedule [10](https://www.legislation.gov.uk/ukpga/2025/36/schedule/10/2026-04-01) 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
@@ -11856,6 +11856,8 @@
[^key-3fdd5cc09211943bdd0a807903de494e]: S. 80(4) omitted (18.2.2026) by virtue of [Employment Rights Act 2025 (c. 36)](https://www.legislation.gov.uk/ukpga/2025/36), [ss. 81(6)(b)](https://www.legislation.gov.uk/ukpga/2025/36/section/81/6/b), [159(3)](https://www.legislation.gov.uk/ukpga/2025/36/section/159/3); [S.I. 2026/3](https://www.legislation.gov.uk/uksi/2026/3), [reg. 3(10)](https://www.legislation.gov.uk/uksi/2026/3/regulation/3/10) (with [Sch. 2 para. 14](https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/14))
[^key-a0ab49c66600eb151db872c3b74c58df]: [S. 85](https://www.legislation.gov.uk/ukpga/2025/36/section/85) in force at 1.4.2026 by [S.I. 2026/323](https://www.legislation.gov.uk/uksi/2026/323), [reg. 2](https://www.legislation.gov.uk/uksi/2026/323/regulation/2)
#### Deduction of trade union subscriptions from wages in public sector
#### Facilities provided to trade union officials and learning representatives
@@ -12050,7 +12052,7 @@
Before Schedule 1 to the Employment Rights Act 1996 insert—
#### Insolvency Act 1986
#### Employment Tribunals Act 1996
#### Employment Rights Act 1996
@@ -12122,7 +12124,7 @@
#### Withdrawal of application
#### Access agreements
#### Unfair practices
#### Employment Agencies Act 1973
@@ -12162,7 +12164,7 @@
#### Return and retention of warrants
#### Employment Agencies Act 1973
#### Part 2A of Employment Tribunals Act 1996
#### Public Records Act 1958
2026-02-18
Employment Rights Act 2025
2026-01-06
Employment Rights Act 2025
2025-12-18
Employment Rights Act 2025
original version
Text at this date