Employment Rights Act 2025 (c. 36)

Part 1 U.K. Employment rights

Zero hours workers, etc E+W+S

1 Right to guaranteed hours E+W+S

(1) Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended as follows.

(2) In the Part heading, at the end insert “and similar”.

(3) Before section 27A insert—

“Chapter 1

Exclusivity terms and other restrictions”.

(4) After section 27B insert—

“Chapter 2 E+W+S Right to guaranteed hours

Guaranteed hours offers E+W+S

27BA Right for qualifying workers to be offered guaranteed hours

(1) An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period—

(a) that is a reference period in relation to that worker and that employer, and

(b) in relation to which the worker is a qualifying worker of the employer.

(2) Section 27BD makes provision for exceptions to this duty, including in certain cases where the worker ceases to be employed by the employer.

(3) A worker is a qualifying worker of an employer in relation to a reference period if—

(a) during the reference period the worker was employed by the employer under one or more worker’s contracts (whether or not continuously) and either—

(i) the worker’s contract was, or the worker’s contracts were, a zero hours contract or entered into in accordance with a zero hours arrangement, or

(ii) the worker’s contract, or the worker’s contracts (taken together), required the employer, or were entered into in accordance with an arrangement that required the employer, to make work available to the worker during the reference period for a number of hours (“the minimum number of hours”) not exceeding a specified number of hours,

(b) during the reference period the worker worked under the worker’s contract or the worker’s contracts (taken together) for a number of hours (the “reference period hours”),

(c) where paragraph (a)(ii) applies, the reference period hours exceeded the minimum number of hours,

(d) the reference period hours satisfy such conditions (or, where paragraph (a)(ii) applies, such further conditions) as to number, regularity or otherwise as are specified, and

(e) when the worker worked the reference period hours, it was not as an excluded worker or an agency worker (but see Part 1 of Schedule A1 for provision about guaranteed hours and agency workers).

(4) In relation to a worker and the worker’s employer, each of the following is a “reference period”—

(a) the initial reference period, and

(b) each subsequent reference period.

(5) “The initial reference period”, in relation to a worker and the worker’s employer, means the period—

(a) beginning with—

(i) where the worker is employed by the employer on the day on which subsection (1) comes into force (“the commencement day”), the commencement day, or

(ii) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer, and

(b) ending with the specified day.

(6) A “subsequent reference period”, in relation to a worker and the worker’s employer, means a period beginning and ending with the specified days.

(7) See paragraph 6(4) of Schedule A1 for provision about when the initial reference period is not a reference period in relation to a worker who is a former agency worker and that worker’s employer.

(8) For the purposes of this Chapter—

(a) references to a “qualifying worker” are to a worker who is a qualifying worker of an employer in relation to a reference period by virtue of subsection (3), and

(b) the reference period in relation to which the worker is a qualifying worker of the employer is referred to as “the relevant reference period”.

(9) If, during a reference period—

(a) a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3)(a)(i) and one or more worker’s contracts of the type described in subsection (3)(a)(ii), and

(b) the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) did not exceed the minimum number of hours,

the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) are to be disregarded in the application of this Chapter (other than this subsection) in relation to the worker and the reference period (and accordingly that worker’s contract, or those worker’s contracts, are to be treated as not existing).

(10) Subsection (11) applies where—

(a) a worker’s contract or arrangement requires an employer to make work available to a worker for a number of hours, and

(b) some or all of those hours may be made available either on days falling within a reference period or on days falling within another period (all of the days on which the hours may be so made available together forming the “longer period”).

In subsection (11), “the unassigned hours” are the hours that may be made available at any time during the longer period as described in paragraph (b).

(11) Where this subsection applies—

(a) subsection (3)(a)(ii) is to apply as if the contract or arrangement required the employer to make work available to the worker during the reference period for the apportioned number of the unassigned hours (in addition to any other hours that the employer is required to make available to the worker during the reference period);

(b) “the apportioned number” of the unassigned hours is—

where—

• H is the number of the unassigned hours,

• D1 is the number of days in the reference period that fall within the longer period, and

• D2 is the number of days in the longer period.

(12) Where there is more than one longer period in relation to the same reference period, subsection (11) is to be applied separately in relation to each longer period.

(13) Nothing in this Chapter prevents an employer from making one or more other offers to a qualifying worker, to vary the worker’s terms and conditions of employment or enter into a new worker’s contract, at the same time as making a guaranteed hours offer.

(14) Regulations made under subsection (3)(d), (5) or (6) may, in particular, include provision to take account of time when a worker does not work for a specified reason.

(15) Before making—

(a) the first regulations to be made under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate about when the initial reference period is to end;

(b) the first regulations to be made under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate about when a subsequent reference period is to begin and end.

(16) In this section, “excluded worker” means a worker who is of a specified description.

27BB Requirements relating to a guaranteed hours offer

(1) An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer—

(a) to vary the worker’s terms and conditions of employment (but see subsection (6)), or

(b) to enter into a new worker’s contract,

and the terms and conditions as varied or (as the case may be) the new worker’s contract will require the employer to provide the qualifying worker with work, and the qualifying worker to do work, for a number of hours that reflects the reference period hours in the relevant reference period.

(2) The Secretary of State may by regulations provide that an offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter only if it also satisfies the condition in subsection (3).

(3) The condition referred to in subsection (2) is that—

(a) the offer sets out—

(i) the days of the week, and the times on those days, when the offered number of hours are to be provided and worked, or

(ii) a working pattern of days, and times of day, by reference to which the offered number of hours are to be provided and worked, and

(b) those days and times reflect, or that pattern reflects, when the qualifying worker worked the reference period hours in the relevant reference period.

(4) Where no regulations are in force under subsection (2) that apply in relation to an offer by an employer to a qualifying worker, the offer is a guaranteed hours offer for the purposes of this Chapter only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day).

(5) The Secretary of State may by regulations make provision about how it is to be determined—

(a) whether an offer reflects the number of hours worked by a qualifying worker during a reference period;

(b) where regulations are in force under subsection (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying worker during a reference period.

(6) A guaranteed hours offer may take the form of an offer to vary a qualifying worker’s terms and conditions of employment (as opposed to an offer to enter into a new worker’s contract) only if—

(a) the qualifying worker worked for the employer under a worker’s contract at the beginning of the relevant reference period,

(b) the qualifying worker is still working for the employer under that worker’s contract on the day the offer is made, and

(c) the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made.

(7) A guaranteed hours offer that takes the form of an offer to vary a qualifying worker’s terms and conditions of employment—

(a) must propose the removal of any term that provides for the contract to terminate by virtue of a limiting event unless, if the contract were entered into on the day the offer is made, it would be reasonable for it to be entered into as a limited-term contract;

(b) may not propose any other variation of the worker’s terms and conditions of employment (other than what is required by or under subsections (1) and (2) or subsections (1) and (4)).

(8) A guaranteed hours offer that takes the form of an offer to enter into a new worker’s contract—

(a) must not propose a new worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and

(b) must (in addition to what is required by or under subsections (1) and (2) or subsections (1) and (4)) propose terms and conditions of employment—

(i) that, taken as a whole, are no less favourable than the terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, or

(ii) where section 27BC applies, that comply with subsection (2) of that section.

(9) For the purposes of this section it is reasonable for a worker’s contract of a qualifying worker to be entered into as a limited-term contract only if—

(a) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed to perform a specific task and the contract provides for termination when the task has been performed,

(b) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed until the occurrence of an event (or the failure of an event to occur) and the contract provides for termination on the occurrence of the event (or the failure of the event to occur), or

(c) it is reasonable for the qualifying worker’s employer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b)) for the qualifying worker to do work under the contract and the contract is to expire at a time when it is reasonable for the employer to consider that the temporary need will come to an end.

(10) Before making the first regulations to be made under subsection (9)(c) the Secretary of State must consult—

(a) such persons representing the interests of seasonal workers as the Secretary of State considers appropriate,

(b) such persons representing the interests of employers of seasonal workers as the Secretary of State considers appropriate, and

(c) such other persons as the Secretary of State considers appropriate.

(11) A guaranteed hours offer—

(a) must be made by no later than the specified day,

(b) must be made in the specified form and manner, and

(c) must be accompanied by specified information relating to the offer.

(12) The Secretary of State may by regulations make provision about when a guaranteed hours offer is to be treated as having been made.

(13) In this section, “reference period hours”, in relation to a qualifying worker and a relevant reference period, has the same meaning as in section 27BA(3).

27BC Requirements relating to a guaranteed hours offer: supplementary

(1) This section applies where—

(a) a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s contract, and

(b) during the relevant reference period—

(i) the qualifying worker worked for the employer under more than one worker’s contract and did not have the same terms and conditions of employment relating to matters other than working hours and length of employment under those worker’s contracts, or

(ii) the qualifying worker worked for the employer under only one worker’s contract but there was a variation during the relevant reference period of the qualifying worker’s terms and conditions of employment relating to matters other than working hours and length of employment.

(2) Where this section applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under section 27BB(1) and (2) or section 27BB(1) and (4)) that, taken as a whole, are less favourable than the most favourable terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, but only if—

(a) those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and

(b) the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim.

(3) If an employer relies on subsection (2) when making a guaranteed hours offer to a qualifying worker, the employer must give to the qualifying worker a notice that—

(a) states that the employer has done so, and

(b) explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

(4) A notice under subsection (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see section 27BB(11)).

27BD Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

(1) The duty imposed by section 27BA(1) on an employer in relation to a qualifying worker does not apply if during the relevant reference period or the offer period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(2) A guaranteed hours offer made by an employer to a qualifying worker is to be treated as having been withdrawn if during the response period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(3) Where a qualifying worker works for an employer under more than one worker’s contract, or in accordance with the terms of more than one arrangement, during—

(a) the relevant reference period,

(b) the offer period, or

(c) the response period,

the references in subsections (1) and (2) to the worker’s contract or (as the case may be) the arrangement are to the worker’s contract under which, or (as the case may be) the arrangement in accordance with the terms of which, the qualifying worker last worked for the employer before the end of the period in question.

(4) There is a relevant termination of a worker’s contract entered into between a qualifying worker and an employer if—

(a) the qualifying worker terminates (with or without notice) the worker’s contract otherwise than in circumstances in which the worker is entitled to terminate it without notice by reason of the employer’s conduct,

(b) the employer terminates (with or without notice) the worker’s contract and—

(i) the employer’s reason for doing so (or, if more than one, the employer’s principal reason for doing so) is a qualifying reason, and

(ii) in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acts reasonably in treating the reason (or the principal reason) as a sufficient reason for terminating the contract, or

(c) the worker’s contract terminates by virtue of a limiting event and it was reasonable for the contract to have been entered into as a limited-term contract.

(5) There is a relevant termination of an arrangement entered into between a qualifying worker and an employer if—

(a) the qualifying worker or the employer terminates the arrangement and the termination is equivalent to a termination falling within subsection (4)(a) or (b), or

(b) the arrangement was not intended to be permanent and the termination of it is equivalent to a termination falling within subsection (4)(c).

(6) The Secretary of State may by regulations make provision for the duty imposed by section 27BA(1) not to apply in relation to a reference period, or for a guaranteed hours offer that has been made to be treated as having been withdrawn, in other specified circumstances.

(7) In exercising the power under subsection (6) the Secretary of State must, in particular, have regard to—

(a) the benefit to workers of receiving a guaranteed hours offer under this Chapter, and

(b) the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances.

(8) Where, by virtue of subsection (2), a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn, the employer must, by no later than the end of the response period, give a notice to the qualifying worker stating this to be the case.

(9) Where, by virtue of regulations under subsection (6)—

(a) an employer who would otherwise have been subject to the duty imposed by section 27BA(1) in relation to a qualifying worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying worker, or

(b) a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn,

the employer must give a notice to the qualifying worker that states which provision of the regulations has produced the effect referred to in paragraph (a) or (b) (as the case may be).

(10) A notice under subsection (9) must be given by an employer to a qualifying worker—

(a) where it is required to be given by virtue of paragraph (a) of that subsection, by no later than the end of the offer period;

(b) where it is required to be given by virtue of paragraph (b) of that subsection, by no later than the end of the response period.

(11) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under subsection (8) or (9) must be given;

(b) when a notice under subsection (8) or (9) is to be treated as having been given.

(12) For the purposes of subsection (4)(c) (and subsection (5)(b), which applies subsection (4)(c))—

(a) subsection (9) of section 27BB (when it is reasonable for a worker’s contract to be entered into as a limited-term contract) applies as it applies for the purposes of that section;

(b) it is to be presumed, unless the contrary is shown, that it was not reasonable for the worker’s contract to have been entered into as a limited-term contract if the work done by the qualifying worker under the worker’s contract was of the same or a similar nature as the work done under another worker’s contract under which the qualifying worker worked for the employer—

(i) where the period in question is the relevant reference period, during that period;

(ii) where the period in question is the offer period, during that period or the relevant reference period;

(iii) where the period in question is the response period, during that period, the relevant reference period or the offer period.

(13) In this section—

• “the offer period”, in relation to a qualifying worker and the qualifying worker’s employer, means the period beginning with the day after the day on which the relevant reference period ends and ending with—

  (a)

  the day on which a guaranteed hours offer is made to the qualifying worker by the employer, or

  (b)

  if no guaranteed hours offer is made before the day specified under section 27BB(11)(a) as the last day on which the employer may make such an offer to the qualifying worker, that last day;

• “qualifying reason” means—

  (a)

  a reason of the type mentioned in section 98(1)(b), or

  (b)

  in relation to a worker who was not an employee immediately before ceasing to be employed, a reason that would be of the type mentioned in section 98(1)(b) if references in that provision and in section 98(2) and (3) to an employee were references to a worker;

• “the response period”, in relation to a guaranteed hours offer made to a qualifying worker, means the period—

  (a)

  beginning with the day after the day on which the offer is made, and

  (b)

  ending with the specified day.

27BE Acceptance or rejection of a guaranteed hours offer

(1) Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), the qualifying worker may, by giving notice to the employer before the end of the response period, accept or reject the offer.

(2) Where the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment and the qualifying worker gives notice under subsection (1) accepting the offer, the variation (assuming the worker’s contract that was in force when the guaranteed hours offer was made is still in force) is to be treated as taking effect on the day after the day on which notice is given (but this is subject to subsection (6)).

(3) If the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment but the worker’s contract that was in force when the guaranteed hours offer was made ceases to be in force during the response period—

(a) the qualifying worker may (if the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6)) still give notice under subsection (1) accepting the offer, and

(b) if the qualifying worker does so—

(i) the qualifying worker and the employer are to be treated as entering into a worker’s contract on the day after the day on which notice is given (but this is subject to subsection (6)), and

(ii) the terms of the contract are to be treated as being the terms of the worker’s contract that was in force when the guaranteed hours offer was made as varied in accordance with the terms of the offer.

(4) Where the guaranteed hours offer takes the form of an offer to enter into a new worker’s contract and the qualifying worker gives notice under subsection (1) accepting the offer—

(a) the qualifying worker and the employer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given (but this is subject to subsection (6)), and

(b) that worker’s contract is to be treated as replacing any other worker’s contract entered into between the qualifying worker and the employer that is in force on that day.

(5) But where, by virtue of subsection (4)(b), a new worker’s contract replaces another worker’s contract of a qualifying worker who is an employee—

(a) that is not to be treated for the purposes of this Act as breaking the continuity of a period of employment of the qualifying worker;

(b) the worker’s contract that is replaced is not to be treated for the purposes of Part 10 as having terminated.

(6) A qualifying worker and an employer may agree, for the purposes of subsection (2), (3) or (4), that the variation of the qualifying worker’s terms and conditions of employment is to be treated as taking effect, or (as the case may be) the new worker’s contract is to be treated as being entered into, on a later day than the day mentioned in the subsection (and, in subsection (4)(b), the reference to “that day” is then to be read as a reference to the later agreed day).

(7) If a qualifying worker to whom a guaranteed hours offer has been made does not give notice under subsection (1) before the end of the response period, the qualifying worker is to be treated as having rejected the offer.

(8) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under subsection (1) must be given by a qualifying worker to an employer;

(b) when notice given by a qualifying worker to an employer under subsection (1) is to be treated as having been given.

(9) In this section, “the response period” has the same meaning as in section 27BD.

(10) Where—

(a) an employer is permitted by section 27BY(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

(b) the employer withdraws the offer by giving notice under that section,

subsection (1) of this section ceases to apply in relation to the offer when the notice is given.

Information E+W+S

27BF Information about rights conferred by Chapter 2

(1) An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in section 27BA) must take reasonable steps, within the initial information period, to ensure that the worker is aware of specified information relating to the rights conferred on workers by this Chapter.

(2) An employer who is subject to the duty in subsection (1) in relation to a worker must take reasonable steps to ensure that, after the end of the initial information period, the worker continues to have access to the specified information referred to in that subsection at all times when—

(a) the worker is employed by the employer, and

(b) it is reasonable to consider that the worker might become (or might again become) a qualifying worker of the employer in relation to a reference period.

(3) “The initial information period”, in relation to a worker and the worker’s employer, means the period of two weeks beginning with—

(a) where the worker is employed by the employer on the day on which section 27BA(1) comes into force (“the commencement day”), the commencement day, or

(b) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer.

(4) But where, on the day referred to in subsection (3)(a) or (b), it was not reasonable to consider that the worker might become a qualifying worker of the employer in relation to any reference period, subsection (3) is to be read as if it provided for “the initial information period” to mean the period of two weeks beginning with the day on which it becomes reasonable so to consider.

Enforcement E+W+S

27BG Complaints to employment tribunals: grounds

(1) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) by the end of the last day of the offer period, the employer has not made an offer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract in compliance (or purported compliance) with that duty (whether because the employer does not consider that the worker is a qualifying worker in relation to the reference period or for any other reason).

(2) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the offer that the employer has made to the worker in relation to that reference period to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract is not a guaranteed hours offer as described in—

(i) where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (5)(a) or (b) of that section), or

(ii) where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (4) of that section (read with any regulations in force under subsection (5)(a) of that section).

(3) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period—

(i) takes the form of an offer to vary the worker’s terms and conditions of employment where that is prohibited by section 27BB(6),

(ii) does not comply with section 27BB(7), or

(iii) does not comply with section 27BB(8).

(4) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(ii) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of being able to comply with the duty by making such a reduced offer.

(5) A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA(1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period—

(a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(b) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA(3)(b) to (d).

(6) A complaint under subsection (2), (3) or (4)—

(a) may be presented whether or not the offer in question has been accepted by the worker, but

(b) may not be presented in relation to an offer that is—

(i) treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), or

(ii) withdrawn in accordance with section 27BY(3) (withdrawal of offer following incorporation of terms of collective agreement).

(7) A worker may present a complaint to an employment tribunal that the worker’s employer—

(a) has failed to give to the worker a notice under section 27BD(8) or (9);

(b) has given to the worker a notice under section 27BD(8) or (9)(b) in circumstances in which the employer should not have done so;

(c) has given to the worker a notice in purported compliance with section 27BD(9) that does not refer to any provision of the regulations or refers to the wrong provision.

(8) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with—

(a) the duty imposed by section 27BF(1);

(b) the duty imposed by section 27BF(2).

(9) In this section “the last day of the offer period”, in relation to a reference period, means the day specified under section 27BB(11)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

27BH Complaints to employment tribunals: time limits

(1) An employment tribunal must not consider a complaint under section 27BG(1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in section 27BG(9)).

(2) An employment tribunal must not consider a complaint under section 27BG(2) unless it is presented before the end of the period of six months beginning with the day after the day when the offer referred to in that provision is made.

(3) An employment tribunal must not consider a complaint under section 27BG(3) or (4) unless it is presented before the end of the period of six months beginning with the day after the day when the guaranteed hours offer referred to in that provision is made.

(4) An employment tribunal must not consider a complaint under section 27BG(5) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in section 27BG(9)) if the duty imposed by section 27BA(1) had applied.

(5) An employment tribunal must not consider a complaint under section 27BG(7)(a) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BD(8) and (10)).

(6) An employment tribunal must not consider a complaint under section 27BG(7)(b) or (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(7) An employment tribunal must not consider a complaint under section 27BG(8)(a)unless it is presented before the end of the period of six months beginning with the day after the last day of the initial information period (see section 27BF(3) and (4)).

(8) An employment tribunal must not consider a complaint under section 27BG(8)(b) unless it is presented before the end of the period of six months beginning with the day on which the worker first becomes aware of the failure to which the complaint relates.

(9) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under section 27BG to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(10) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1) to (8).

27BI Remedies

(1) Where an employment tribunal finds a complaint under section 27BG well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the worker.

(2) The amount of compensation under subsection (1)(b) is to be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

(4) For the purposes of subsection (2), “the permitted maximum” is—

(a) where the complaint is under section 27BG(1), (2), (3), (7) or (8), such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under section 27BG(4) or (5), such amount as the Secretary of State may specify in regulations.

(5) In calculating a week’s pay for the purposes of determining the permitted maximum for an award of compensation to a worker who is not an employee, Chapter 2 of Part 14 is to apply as if—

(a) references in that Chapter and in section 234 (normal working hours) to an employee were references to a worker;

(b) references in that Chapter and in section 234 to a contract of employment were references to a worker’s contract;

(c) “week” meant—

(i) in relation to a worker whose remuneration is calculated weekly by a week ending with a day other than a Saturday, a week ending with that other day, and

(ii) in relation to any other worker, a week ending with Saturday.”

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 159(3)

I2 S. 1 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(a)

2 Shifts: rights to reasonable notice E+W+S

After section 27BI of the Employment Rights Act 1996 (inserted by section 1) insert—

“Chapter 3 E+W+S Shifts: rights to reasonable notice

27BJ Right to reasonable notice of a shift

(1) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if—

(a) the worker is (or is to be) employed by the employer under a zero hours contract, or

(b) the worker is (or is to be) employed by the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker but does not provide on what days and at what times, or in accordance with what pattern of days and times, that work is to be done by the worker,

and the shift is to be worked under the contract referred to in paragraph (a) or (b).

(2) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if—

(a) the worker is (or is to be) employed by the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker,

(b) the contract provides on what days and at what times, or in accordance with what pattern of days and times, that work, or some of that work, is to be done by the worker, and

(c) the shift is to be worked under that contract but no part of it corresponds to the time of a shift provided for by the contract as described in paragraph (b).

(3) An employer must give to an individual reasonable notice of a shift that the employer requests the individual to work if—

(a) the individual would, if they worked the shift, be employed by the employer under a worker’s contract, and

(b) the worker’s contract would be entered into in accordance with a zero hours arrangement that is in place between the employer and the individual.

(4) It is to be presumed, unless the contrary is shown, that notice of a shift is not reasonable notice for the purposes of subsections (1) to (3) if it is given less than a specified amount of time before the shift is due to start.

(5) Regulations under subsection (1)(b) or (2)(a)may, in particular, specify a description of worker’s contract by reference to—

(a) it being a worker’s contract that entitles a worker to be paid no more than a specified amount;

(b) it being a worker’s contract that requires an employer to make work available to a worker for no more than a specified number of hours.

(6) Where—

(a) the conditions in subsection (2)(a) and (b) are met in relation to a worker and a worker’s contract,

(b) the worker is to work (or is working) a shift under that contract all or part of which corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (2)(b),

(c) the employer requests or requires the worker to start earlier, or end later, than is provided for by the contract (as described in subsection (2)(b)) in relation to the guaranteed shift, and

(d) the earlier start or later end is to result in an additional number of hours being worked above the number of hours to be worked in the guaranteed shift,

the additional hours are to be treated for the purposes of this Chapter as a separate shift (and accordingly as one that meets the condition in subsection (2)(c)).

(7) For the purposes of this Chapter—

• “employer”, in relation to an individual and a shift, includes a person by whom the individual would be (or would have been) employed if the individual worked the shift;

• “worker”, in relation to a shift, includes an individual who would be (or would have been) a worker if the individual worked the shift.

(8) In this section, “notice of a shift” means notice of how many hours are to be worked and when the shift is to start and end.

27BK Right to reasonable notice of cancellation of or change to a shift

(1) Subsection (2) applies in relation to an employer and a worker where—

(a) the employer has given notice of a shift to the worker,

(b) the shift is one that the worker was entitled to reasonable notice of under section 27BJ(1), (2) or (3), and

(c) where the shift is one that the employer has requested (rather than required) the worker to work, the worker has agreed to work it.

(2) The employer must give reasonable notice to the worker of—

(a) the cancellation of the shift by the employer;

(b) any change requested or required by the employer consisting of—

(i) a change to when the shift is to start or end;

(ii) a reduction in the number of hours to be worked during the shift because of a break in the shift;

(but this is subject to section 27BM).

(3) It is to be presumed, unless the contrary is shown, that—

(a) notice of the cancellation of a shift is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);

(b) notice of a change to when a shift is to start is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the earlier of—

(i) when the shift would have started (if the shift had not been changed), and

(ii) when the shift is due to start (having been changed);

(c) notice of any other change to a shift is not reasonable notice for the purposes of subsection (2) if it is given—

(i) less than a specified amount of time before the shift is due to start;

(ii) on or after the start of the shift.

(4) In this section, “notice of a shift” has the same meaning as in section 27BJ.

27BL Sections 27BJ and 27BK: supplementary

(1) None of the duties imposed by sections 27BJ and 27BK applies in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 2 of Schedule A1 for provision about rights of agency workers to reasonable notice in relation to shifts).

(2) Where a worker suggests working a shift and the employer agrees to the suggestion—

(a) the duties imposed by section 27BJ(1), (2) and (3) do not apply in relation to the shift as suggested by the worker, but

(b) the duty imposed by section 27BK(2) applies (even though the conditions in section 27BK(1) have not been met).

(3) Section 27BJ(6) applies for the purposes of subsection (2) of this section as if section 27BJ(6)(c) referred to what the worker suggests rather than what the employer requests or requires.

(4) In sections 27BJ and 27BK, references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.

(5) For the purposes of section 27BK, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift include the worker not being needed to work the shift because one or more others have agreed to work it.

(6) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under sections 27BJ and 27BK must be given;

(b) when notice under those sections is to be treated as having been given.

27BM Interaction with Chapter 4

(1) Where an employer—

(a) is required to make a payment to a worker under section 27BP in relation to a shift that the employer cancels, moves or curtails at short notice, or

(b) would have been required to make such a payment in relation to the shift but for provision made under section 27BR(1)(c),

nothing in section 27BK(2) is to be taken to have applied in relation to the cancellation, movement or curtailment of the shift that gave rise to, or would have given rise to, the requirement to make the payment.

(2) Terms used in this section have the same meaning as in section 27BP.

27BN Complaints to employment tribunals

(1) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a duty imposed by section 27BJ or 27BK.

(2) Where, in determining whether a complaint under this section is well-founded, the tribunal must determine whether reasonable notice has been given, the tribunal must have regard, in particular, to such of the specified matters as are appropriate in the circumstances.

(3) An employment tribunal must not consider a complaint under this section unless it is presented before the end of the period of six months beginning with—

(a) where the complaint is that the employer failed to comply with a duty imposed by section 27BJ(1), (2) or (3) in relation to a shift, the day on which the shift was due to start;

(b) where the complaint is that the employer failed to comply with the duty imposed by section 27BK(2) in relation to the cancellation of a shift, the day on which the shift would have started (if the shift had not been cancelled);

(c) where the complaint is that the employer failed to comply with the duty imposed by section 27BK(2) in relation to a change to a shift, the day on which the shift as changed was due to start or, where the shift was changed on or after its start, the day on which the shift started.

(4) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(5) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3).

27BO Remedies

(1) Where an employment tribunal finds a complaint under section 27BN well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the worker.

(2) The amount of compensation under subsection (1)(b) in relation to a complaint is to be such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.”

Commencement Information

I3 S. 2 not in force at Royal Assent, see s. 159(3)

I4 S. 2 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(b)

3 Right to payment for cancelled, moved and curtailed shifts E+W+S

After section 27BO of the Employment Rights Act 1996 (inserted by section 2) insert—

“Chapter 4 E+W+S Right to payment for cancelled, moved and curtailed shifts

27BP Right to payment for a cancelled, moved or curtailed shift

(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—

(a) that the employer has informed the worker they are required to work,

(b) that the employer has requested the worker to work and the worker has agreed to work, or

(c) that the worker has suggested working and the employer has agreed to the worker working,

(but see section 27BR for exceptions to this duty).

(2) A shift is a “qualifying shift”, in relation to a worker and an employer, if it would be (or would have been) worked, or is being worked, by the worker for the employer under—

(a) a zero hours contract,

(b) a worker’s contract entered into in accordance with a zero hours arrangement, or

(c) a worker’s contract of a specified description that requires the employer to make some work available to the worker but does not provide on what days and at what times, or in accordance with what pattern of days and times, that work is to be done by the worker.

(3) A shift is also a “qualifying shift”, in relation to a worker and an employer, if—

(a) it would be (or would have been) worked, or is being worked, by the worker for the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker,

(b) the contract provides on what days and at what times, or in accordance with what pattern of days and times, that work, or some of that work, is to be done by the worker, and

(c) no part of the shift corresponds to the time of a shift provided for by the contract as described in paragraph (b).

(4) Where—

(a) the conditions in subsection (3)(a) and (b) are met in relation to a shift,

(b) all or part of the shift corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (3)(b),

(c) the employer requests or requires, or the worker suggests, that the worker starts earlier, or ends later, than is provided for by the contract (as described in subsection (3)(b)) in relation to the guaranteed shift, and

(d) the earlier start or later end is to result in an additional number of hours being worked above the number of hours to be worked in the guaranteed shift,

the additional hours are to be treated for the purposes of this Chapter as a separate shift (and accordingly as a “qualifying shift”).

(5) A payment that an employer is required to make under subsection (1) must be made by no later than the specified day.

(6) For the purposes of this Chapter, “short notice” means—

(a) in relation to the cancellation of a shift, notice given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);

(b) in relation to the movement of a shift, or the movement and curtailment (at the same time) of a shift, notice given—

(i) less than a specified amount of time before the earlier of when the shift would have started (if the shift had not been moved, or moved and curtailed) and when the shift is due to start (having been moved, or moved and curtailed);

(ii) on or after the start of the shift;

(c) in relation to the curtailment of a shift where there is a change to when the shift is to start (but there is no movement of the shift), notice given less than a specified amount of time before the earlier of—

(i) when the shift would have started (if there had not been the change), and

(ii) when the shift is due to start (the change having been made);

(d) in relation to the curtailment of a shift where there is no change to when the shift is to start, notice given—

(i) less than a specified amount of time before the shift is due to start;

(ii) on or after the start of the shift.

(7) The Secretary of State may by regulations make provision about when notice of the cancellation, movement or curtailment of a shift is to be treated as having been given by an employer to a worker.

(8) For the purposes of this Chapter—

• “employer”, in relation to an individual and a shift, includes a person by whom the individual would be (or would have been) employed if the individual worked the shift;

• “worker”, in relation to a shift, includes an individual who would be (or would have been) a worker if the individual worked the shift.

(9) For the purposes of this Chapter, references to the movement of a shift (however expressed)—

(a) are to any change to the time at which the shift is to start that is a change of more than a specified amount of time;

(b) include—

(i) where a shift is in two or more parts, a change of more than a specified amount of time to the time at which the second (or a subsequent) part is to start, and

(ii) a division of a shift into two or more parts where the time between the parts is more than a specified amount of time,

but only if the change or division (as the case may be) results in the shift ending later.

(10) In this Chapter, references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.

(11) For the purposes of this Chapter, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift (however expressed) include the worker not being needed to work the shift because one or more others have agreed to work it.

27BQ Regulations under section 27BP: supplementary

(1) Regulations under section 27BP(1) may not specify an amount to be paid to a worker in relation to the cancellation, movement or curtailment of a shift that exceeds—

(a) where the shift is cancelled, the amount of remuneration to which the worker would have been entitled had they worked the hours that will not be worked because of the cancellation;

(b) where the shift is moved, or moved and curtailed (at the same time), and no part of the shift as moved, or as moved and curtailed, corresponds to the time of the shift (“the original shift”) before it was moved, or moved and curtailed, the amount of remuneration to which the worker would have been entitled had they worked the original shift;

(c) where the shift is moved, or moved and curtailed (at the same time), and part of the shift as moved, or as moved and curtailed, corresponds to the time of the original shift (but part does not), the amount of remuneration to which the worker would have been entitled had they worked the part of the original shift that does not correspond to the shift as moved, or as moved and curtailed;

(d) where the shift is—

(i) curtailed but not moved, or

(ii) moved and curtailed (at the same time) and the shift as moved and curtailed is to start and end within the time of the original shift,

the amount of remuneration to which the worker would have been entitled had they worked the hours that will not be worked because of the curtailment, or the movement and curtailment.

(2) Regulations under section 27BP(1) may, in particular, include provision specifying different amounts depending on the amount of notice that was given of the cancellation, movement or curtailment.

(3) Regulations under section 27BP(2)(c) or (3)(a) may, in particular, specify a description of worker’s contract by reference to—

(a) it being a worker’s contract that entitles a worker to be paid no more than a specified amount;

(b) it being a worker’s contract that requires an employer to make work available to a worker for no more than a specified number of hours.

(4) Regulations under section 27BP(6) may not specify an amount of time that exceeds 7 days.

27BR Exceptions to duty to make payment for a cancelled, moved or curtailed shift

(1) The requirement to make a payment under section 27BP(1) does not apply—

(a) in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 3 of Schedule A1 for provision about rights of agency workers to payment for cancelled, moved and curtailed shifts);

(b) in relation to the cancellation, movement or curtailment of a shift that an employer has requested a worker to work, unless the worker reasonably believed, whether on agreeing to work the shift or at some later time before the cancellation, movement or curtailment, that they would be needed to work the shift;

(c) in other specified circumstances.

(2) Where, by virtue of regulations made under subsection (1)(c), an employer is not required to make a payment to a worker in relation to a shift under section 27BP(1), the employer must give a notice to the worker that—

(a) states which provision of the regulations has produced the effect that the employer is not required to make the payment, and

(b) explains why the employer was entitled to rely on that provision.

(3) But subsection (2)(b) does not require an employer to disclose—

(a) any information the disclosure of which by the employer would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account);

(b) any information that is commercially sensitive;

(c) any information the disclosure of which by the employer would constitute a breach of a duty of confidentiality owed by the employer to any other person.

(4) In subsection (3)(a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

(5) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under this section must be given;

(b) the day on or before which it must be given;

(c) when a notice under this section is to be treated as having been given.

(6) The duty in subsection (2) is to be taken not to have applied if—

(a) the employer pays to the worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the employer would have been required to make to the worker under section 27BP(1) in relation to the same number of hours but for regulations made under subsection (1)(c), and

(b) the payment is made on or before the day on which the payment under section 27BP(1) would have had to be made if the employer had been required to make it.

(7) Subsection (4) of section 27BS applies for the purposes of subsection (6) of this section as it applies for the purposes of subsections (2) and (3) of that section.

27BS Contractual remuneration

(1) The right of a worker to receive a payment from an employer under section 27BP(1) does not affect any right of the worker in relation to remuneration under a worker’s contract entered into between the worker and the employer (“contractual remuneration”).

(2) Any contractual remuneration paid to a worker by an employer in relation to a number of hours goes towards discharging any liability of the employer to make a payment to the worker under section 27BP(1) in relation to the same hours.

(3) Any payment made by an employer to a worker under section 27BP(1) in relation to a number of hours goes towards discharging any liability of the employer to pay contractual remuneration to the worker in relation to the same hours.

(4) For the purposes of subsections (2) and (3), the hours to which a payment under section 27BP(1) relates are—

(a) where a shift has been cancelled, the hours that would have been worked if the shift had not been cancelled;

(b) where a shift has been moved, or moved and curtailed (at the same time), and no part of the shift as moved, or as moved and curtailed, corresponds to the time of the shift (“the original shift”) before it was moved, or moved and curtailed, the hours that would have been worked during the original shift;

(c) where a shift has been moved, or moved and curtailed (at the same time), and part of the shift as moved, or as moved and curtailed, corresponds to the time of the original shift (but part does not), the hours that would have been worked during the part of the original shift that does not correspond to the shift as moved, or as moved and curtailed;

(d) where a shift has been—

(i) curtailed but not moved, or

(ii) moved and curtailed (at the same time) and the shift as moved and curtailed is to start and end within the time of the original shift,

the hours that would have been worked if the shift had not been curtailed, or moved and curtailed.

27BT Complaints to employment tribunal

(1) A worker may present a complaint to an employment tribunal that the worker’s employer—

(a) has failed to make the whole or any part of a payment that the employer is liable to make to the worker under section 27BP(1);

(b) has unreasonably failed to give to the worker a notice under section 27BR(2);

(c) has given to the worker a notice in purported compliance with section 27BR(2) that—

(i) does not refer to any provision of the regulations;

(ii) does not contain an explanation or contains an explanation that is inadequate or untrue.

(2) An employment tribunal must not consider a complaint under subsection (1)(a) relating to a payment unless it is presented before the end of the period of six months beginning with the day after the day on or before which the payment should have been made (see section 27BP(5)).

(3) An employment tribunal must not consider a complaint under subsection (1)(b) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BR(5)(b)).

(4) An employment tribunal must not consider a complaint under subsection (1)(c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(5) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(6) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2) to (4).

27BU Remedies

(1) Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must—

(a) make a declaration to that effect, and

(b) order the employer to pay to the worker the amount of the payment under section 27BP(1) which it finds is due to the worker.

(2) Where an employment tribunal finds a complaint under section 27BT(1)(b) or (c) well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may order the employer to make a payment to the worker of such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances.

(3) But an employment tribunal may not make an order under subsection (2)(b) relating to a notice given in purported compliance with section 27BR(2) if the tribunal makes an order under subsection (1)(b) relating to the same payment to which the notice related.

(4) In determining—

(a) whether to make an order under subsection (2)(b), and

(b) if so, how much to order the employer to pay,

an employment tribunal must have regard, in particular, to the seriousness of the matter complained of.”

Commencement Information

I5 S. 3 not in force at Royal Assent, see s. 159(3)

I6 S. 3 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(c)

4 Agency workers: guaranteed hours and rights relating to shifts E+W+S

(1) After section 27BU of the Employment Rights Act 1996 (inserted by section 3) insert—

“Chapter 5 E+W+S Agency workers: guaranteed hours and rights relating to shifts

27BV Agency workers

(1) In this Part, “agency worker” means an individual—

(a) who has a worker’s contract or an arrangement with a work-finding agency by virtue of which the individual is (or is to be) supplied to work for and under the supervision and direction of another person,

(b) who does not do (or is not to do) the work under a worker’s contract with the other person, and

(c) who is not (or is not to be) a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) In this Part—

(a) references to an agency worker include, where the context requires, a former agency worker, and

(b) where that is the case, references in relation to the agency worker to a work-finding agency, and references (however expressed) to a person for and under the supervision and direction of whom the agency worker works, are to be read accordingly.

(3) An individual is an “agency worker” for the purposes of this Part—

(a) whether the individual is (or is to be) supplied to work for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1)(a), or

(ii) by a person other than the work-finding agency;

(b) whether the individual is (or is to be) paid, for work done for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1)(a), or

(ii) by a person other than the work-finding agency.

(4) In this Part, “work-finding agency” means a person carrying on the business (whether or not with a view to profit and whether or not in conjunction with any other business) of finding, or seeking to find, work for individuals to do for and under the supervision and direction of other persons (but not in the employment of those other persons).

(5) Part 1 of Schedule A1 contains provision about guaranteed hours and agency workers.

(6) Part 2 of Schedule A1 contains provision about rights of agency workers to reasonable notice in relation to shifts.

(7) Part 3 of Schedule A1 contains provision about rights of agency workers to payment for shifts that are cancelled, moved or curtailed at short notice.”

(2) Schedule 1 inserts Schedule A1 into the Employment Rights Act 1996.

Commencement Information

I7 S. 4 not in force at Royal Assent, see s. 159(3)

I8 S. 4 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(d)

5 Collective agreements: contracting out E+W+S

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

(2) After section 27BV (inserted by section 4) insert—

“Chapter 6 E+W+S Collective agreements: contracting out

27BW Zero hours workers, etc

(1) This section applies in relation to—

(a) a duty imposed on an employer in respect of a worker, and

(b) a right conferred on a worker in respect of an employer,

by or under any provision of Chapter 2, 3 or 4.

(2) The duty or right is excluded if—

(a) the worker is employed by the employer under a worker’s contract (“the contract”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b)(ii) are incorporated into the contract, and

(d) the employer notifies the worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the worker’s employer.

27BX Agency workers

(1) This section applies in relation to—

(a) a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and

(b) a right conferred on an agency worker in respect of a hirer or a work-finding agency,

by or under any provision of Chapter 5 (including Schedule A1).

(2) The duty or right is excluded if—

(a) the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b)(ii) are incorporated into the contract, and

(d) the other party notifies the agency worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the other party.

27BY Supplementary provision

(1) For the purposes of sections 27BW and 27BX, it does not matter whether—

(a) terms in a collective agreement that expressly replace a duty or right relate to the same subject matter as the duty or right, or

(b) a collective agreement ceases to be in force after the terms mentioned in section 27BW(2)(b)(ii) or 27BX(2)(b)(ii) are incorporated into the contract (within the meaning of section 27BW or 27BX, as the case may be), provided the terms continue to be incorporated.

(2) Where the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c), during the offer period, the duty ceases to apply.

(3) Where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c),

(b) a guaranteed hours offer has already been made in compliance with the duty, and

(c) the worker or agency worker has not accepted the offer,

the person who made the offer may withdraw it during the response period by giving a notice to the worker or agency worker.

(4) The notice must include a statement to the effect that the offer is withdrawn in consequence of the exclusion of the duty to make a guaranteed hours offer as a result of the incorporation into the worker’s or agency worker’s contract, as mentioned in section 27BW(2)(c) or 27BX(2)(c), of terms contained in a collective agreement that expressly replace that duty.

(5) A worker or an agency worker to whom a notice is given in reliance on subsection (3) may present a complaint to an employment tribunal that subsection (3) did not permit the notice to be given.

(6) Where a complaint is presented under subsection (5)—

(a) by a worker, sections 27BH and 27BI apply in relation to the complaint as they apply in relation to a complaint under section 27BG(7)(b);

(b) by an agency worker, paragraphs 10 and 11 of Schedule A1 apply in relation to the complaint as they apply in relation to a complaint under paragraph 8(7)(b) of that Schedule.

(7) Subsection (8) applies where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c), and

(b) the duty ceases to be excluded as a result of the terms ceasing to be incorporated into the contract (including where the contract ceases to be in force).

(8) In applying Chapter 2 or 5 for the purposes of the duty after it has ceased to be excluded—

(a) in any case where there was a reference period in relation to the duty as it had effect before being excluded, that reference period is to be disregarded;

(b) in relation to a worker and the worker’s employer—

(i) section 27BA(5)(a) has effect as if for sub-paragraphs (i) and (ii) there were substituted—

“(i) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

(ii) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer, and”;

(ii) section 27BF(3) has effect as if for paragraphs (a) and (b) there were substituted—

“(a) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

(b) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer.”;

(c) in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraph 1(5)(a) of Schedule A1 has effect as if for sub-paragraphs (i) and (ii) there were substituted—

“(i) where the agency worker is working for and under the supervision and direction of the hirer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

(ii) where the agency worker is not so working, the first day after the effective day on which the agency worker is working for and under the supervision and direction of the hirer, and”;

(d) in relation to an agency worker and the work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of a hirer, paragraph 7(3) of Schedule A1 has effect as if for paragraphs (a) and (b) there were substituted—

“(a) where the worker’s contract or arrangement is in force on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

(b) where it is not in force on the effective day, the first day after the effective day on which it is in force.”

27BZ Regulations

(1) The Secretary of State may by regulations make further provision for the purposes of section 27BW or 27BX.

(2) The regulations may, in particular, make provision about—

(a) the effect on a duty in Chapters 2 to 5 of terms being or ceasing to be incorporated as mentioned in section 27BW(2)(c) or 27BX(2)(c),

(b) the form and manner in which a notice under section 27BY(3) is to be given, and

(c) when a notice under section 27BY(3) is to be treated as having been given.

27BZ1 Interpretation

(1) Terms used in this Chapter that are used in—

(a) Chapters 2 to 4 (rights relating to zero hours workers, etc), or

(b) Chapter 5 (including Schedule A1) (rights relating to agency workers),

have the same meaning as in those Chapters or that Chapter (including that Schedule).

(2) In this Chapter, “certificate of independence” means a certificate issued under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992.”

(3) In section 203 (restrictions on contracting out), in subsection (2), before paragraph (a) insert—

“(za) does not apply to terms of a collective agreement or contract that exclude a duty or right by virtue of provision made by or under Chapter 6 of Part 2A,”.

Commencement Information

I9 S. 5 not in force at Royal Assent, see s. 159(3)

I10 S. 5(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(e)

6 Amendments relating to sections 1 to 5 E+W+S

(1) After section 27BZ1 of the Employment Rights Act 1996 (inserted by section 5) insert—

“Chapter 7 E+W+S General

27BZ2 Interpretation

(1) In this Part—

• “agency worker” has the meaning given by section 27BV;

• “arrangement” (when used by itself and not as part of the expression “zero hours arrangement”) means an arrangement (whether contractual or non-contractual) other than a worker’s contract;

• “specified” means specified in, or determined in accordance with, regulations made by the Secretary of State;

• “work-finding agency” has the meaning given by section 27BV;

• “zero hours arrangement” means an arrangement under which—

  (a)

  an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

  (b)

  the employer is not required to make any work available to the individual, nor the individual required to accept it,

  and in this Part “employer”, in relation to a zero hours arrangement, is to be read accordingly;

• “zero hours contract” means a contract of employment or other worker’s contract under which—

  (a)

  the undertaking to do work is an undertaking to do so conditionally on the employer making work available to the worker, and

  (b)

  there is no certainty that any such work will be made available to the worker.

(2) For the purposes of this Part—

(a) a person who is, or is treated as, an employer makes work available to a worker or other individual if they request or require the individual to do it;

(b) references to work and doing work include references to services and performing them.

27BZ3 Regulations

(1) Regulations under this Part may—

(a) make different provision for different purposes;

(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 contains consequential amendments relating to sections 1 to 5.

Commencement Information

I11 S. 6 not in force at Royal Assent, see s. 159(3)

I12 S. 6(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(f)

I13 S. 6(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(3)

7 Repeal of Workers (Predictable Terms and Conditions) Act 2023 E+W+S

The Workers (Predictable Terms and Conditions) Act 2023 is repealed.

Commencement Information

I14 S. 7 not in force at Royal Assent, see s. 159(3)

I15 S. 7 in force at 6.1.2026 by S.I. 2026/3, reg. 2(4)

8 Exclusivity terms in zero hours arrangements E+W+S

(1) Section 27B of the Employment Rights Act 1996 (power to make further provision in relation to zero hours workers) is amended as follows.

(2) In subsection (1), for “their contracts or arrangements” substitute “their worker’s contracts or their arrangements”.

(3) In subsection (2)(b), omit “non-contractual”.

(4) In subsection (4)—

(a) in the words before paragraph (a)—

(i) omit “non-contractual”;

(ii) after “arrangement”, in the second place it occurs, insert “(whether contractual or non-contractual)”;

(b) in the words after paragraph (b), omit “non-contractual”.

(5) In subsection (5)(a)(ii), omit “non-contractual”.

(6) In subsection (6)—

(a) after “provision for” insert “—

(a)” ;

(b) after “does not apply” insert—

“(b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable”;

(c) at the end of the subsection insert “or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement.”

Commencement Information

I16 S. 8 not in force at Royal Assent, see s. 159(3)

I17 S. 8 in force at 6.1.2026 by S.I. 2026/3, reg. 2(5)

Flexible working E+W+S

9 Right to request flexible working E+W+S

(1) Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections (2) to (6).

(2) Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections (3) to (5).

(3) In subsection (1), for paragraph (b) substitute—

“(b) may refuse the application only if—

(i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and

(ii) it is reasonable for the employer to refuse the application on that ground or those grounds.

(1ZA) The grounds mentioned in subsection (1)(b) are—

(a) the burden of additional costs;

(b) detrimental effect on ability to meet customer demand;

(c) inability to re-organise work among existing staff;

(d) inability to recruit additional staff;

(e) detrimental impact on quality;

(f) detrimental impact on performance;

(g) insufficiency of work during the periods the employee proposes to work;

(h) planned structural changes;

(i) any other grounds specified by the Secretary of State in regulations.”

(4) After subsection (1ZA) insert—

“(1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must—

(a) state the ground or grounds for refusing the application, and

(b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds.”

(5) After subsection (1D) insert—

“(1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State.”

(6) In section 80H (complaints to employment tribunals), in subsection (1)(a), for “comply with” substitute “act in accordance with”.

(7) In section 202 of the Employment Rights Act 1996 (national security), in subsection (2), after paragraph (e) insert—

“(eza) Part 8A,”.

Commencement Information

I18 S. 9 not in force at Royal Assent, see s. 159(3)

I19 S. 9 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(6)

Prospective

Statutory sick pay U.K.

10 Statutory sick pay in Great Britain: removal of waiting period E+W+S

(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) In section 151(1) (employer’s liability), for “sections 152 to 154” substitute “sections 153 and 154”.

(3) In section 152 (period of incapacity for work)—

(a) omit subsection (1);

(b) in subsection (2), for the words from “any” to “is” substitute “a period of one day which is, or of two or more consecutive days each of which is,”.

(4) In section 153(1) (period of entitlement), for “second” substitute “first”.

(5) In section 154(1) (qualifying days), for “third” substitute “second”.

(6) In section 155 (limitations on entitlement), omit subsection (1).

(7) In section 156(2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).

Commencement Information

I20 S. 10 not in force at Royal Assent, see s. 159(3)

11 Statutory sick pay in Great Britain: lower earnings limit etc E+W+S

(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) In section 157 (rates of payment), for subsection (1) substitute—

“(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.”

(3) In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).

Commencement Information

I21 S. 11 not in force at Royal Assent, see s. 159(3)

12 Statutory sick pay in Northern Ireland: removal of waiting period N.I.

(1) Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.

(2) In section 147(1) (employer’s liability), for “sections 148 to 150” substitute “sections 149 and 150”.

(3) In section 148 (period of incapacity for work)—

(a) omit subsection (1);

(b) in subsection (2), for the words from “any” to “is” substitute “a period of one day which is, or of two or more consecutive days each of which is,”.

(4) In section 149(1) (period of entitlement), for “second” substitute “first”.

(5) In section 150(1) (qualifying days), for “third” substitute “second”.

(6) In section 151 (limitations on entitlement), omit subsection (1).

(7) In section 152(2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).

Commencement Information

I22 S. 12 not in force at Royal Assent, see s. 159(3)

13 Statutory sick pay in Northern Ireland: lower earnings limit etc N.I.

(1) Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.

(2) In section 153 (rate of payment), for subsection (1) substitute—

“(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.”

(3) In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).

Commencement Information

I23 S. 13 not in force at Royal Assent, see s. 159(3)

Prospective

Tips and gratuities, etc E+W+S

14 Policy about allocating tips etc: consultation and review E+W+S

(1) Section 27I of the Employment Rights Act 1996 (written policy about allocation of tips etc) is amended as follows.

(2) After subsection (2) insert—

“(2A) Before producing the first version of the written policy for a place of business, an employer must consult—

(a) representatives of an independent trade union recognised by the employer in respect of workers who are likely to be affected by the policy, or representatives appointed or elected by those workers and having authority to receive information and to be consulted about the policy on behalf of those workers, or

(b) if there are no such trade union or worker representatives, workers who are likely to be affected by the policy.”

(3) After subsection (3) insert—

“(3A) Where an employer makes a written policy available to workers at a place of business under this section, the employer must review the policy from time to time.

(3B) A review must be carried out—

(a) at least once during the period of three years beginning with the first day on which the first version of the policy is made available (including where that day precedes the coming into force of this subsection), and

(b) after that, no more than three years after the completion of the previous review.

(3C) An employer must consult persons as described in subsection (2A) as part of every review of the written policy.”

(4) After subsection (6) insert—

“(7) An employer who has carried out a consultation required by this section in relation to a written policy for a place of business must make a summary of the views expressed in the consultation available in anonymised form to all workers of the employer at the place of business.

(8) In this section “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act).”

Commencement Information

I24 S. 14 not in force at Royal Assent, see s. 159(3)

Entitlements to leave E+W+S

15 Parental leave: removal of qualifying period of employment E+W+S

In section 76 of the Employment Rights Act 1996 (entitlement to parental leave), in subsection (1), omit paragraph (a) (and the “and” after it).

Commencement Information

I25 S. 15 not in force at Royal Assent, see s. 159(3)

I26 S. 15 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(2) (with Sch. 1)

16 Paternity leave: removal of qualifying period of employment E+W+S

(1) In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (6A), omit paragraph (a).

(2) In section 80B of that Act (entitlement to paternity leave: adoption)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (6C), omit paragraph (a).

Commencement Information

I27 S. 16 not in force at Royal Assent, see s. 159(3)

I28 S. 16 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(7)

I29 S. 16 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(3) (with Sch. 1)

17 Ability to take paternity leave following shared parental leave E+W+S

(1) In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—

(a) omit subsection (4A);

(b) in subsection (6A), omit paragraph (c).

(2) In section 80B of that Act (entitlement to paternity leave: adoption)—

(a) omit subsection (4A);

(b) in subsection (6C), omit paragraph (c).

(3) In section 171ZE of the Social Security Contributions and Benefits Act 1992 (rate and period of statutory paternity pay), in subsection (3A), omit paragraph (b) (and the “or” before it).

(4) In consequence of the amendments made by subsections (1)(a) and (2)(a), in section 118 of the Children and Families Act 2014, omit subsections (6) and (7).

Commencement Information

I30 S. 17 not in force at Royal Assent, see s. 159(3)

I31 S. 17 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(4)

I32 S. 17(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(8)

18 Bereavement leave E+W+S

(1) The Employment Rights Act 1996 is amended in accordance with subsections (2) to (11).

(2) In Chapter 4 of Part 8, in the heading, for “Parental bereavement leave” substitute “Bereavement leave”.

(3) In section 80EA (parental bereavement leave)—

(a) in subsection (1), for “bereaved parent” substitute “bereaved person”;

(b) for subsection (2) substitute—

“(2) For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died.”;

(c) in subsection (3), for “The conditions” substitute “In a case where the person who has died is a child, the conditions”;

(d) after subsection (3) insert—

“(3A) For the purposes of subsection (1) an employee is also a “bereaved person” if—

(a) the employee has suffered a pregnancy loss of a specified kind, or

(b) the employee satisfies specified conditions as to relationship with—

(i) a person who has suffered a pregnancy loss of a specified kind, or

(ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.”;

(e) in subsection (4)(a), omit “in respect of a child”;

(f) in subsection (5), before “a child” insert “the death of”;

(g) after subsection (5) insert—

“(5A) Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave.”;

(h) in subsection (6), for “the date of the child’s death” substitute “the specified day”;

(i) for subsection (7) substitute—

“(7) The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person.”;

(j) in subsection (9)—

(i) in the definition of “child”, after “stillbirths” insert “after twenty-four weeks of pregnancy”;

(ii) after the definition of “child” insert—

• ““live birth” means the birth of a child born alive;

• “pregnancy loss” means—

  (a)

  the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or

  (b)

  the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990;

• “specified” means specified in the regulations;”;

(k) in the heading, for “Parental bereavement” substitute “Bereavement”.

(4) In section 47C (rights not to suffer detriment: leave for family and domestic reasons), in subsection (2)(cb), omit “parental”.

(5) In section 75I (rights during and after shared parental leave), in subsection (3)(f), omit “parental”.

(6) In section 80C (rights during and after paternity leave), in subsections (2)(bb) and (4)(bb), omit “parental”.

(7) In section 80EG (rights during and after neonatal care leave), in subsection (2)(f), omit “parental”.

(8) In section 88 (termination of employment: employments with normal working hours)—

(a) in subsection (1)(c), for “parental bereavement leave,” substitute “bereavement leave,”;

(b) in subsection (2), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.

(9) In section 89 (termination of employment: employments without normal working hours)—

(a) in subsection (3)(b), for “parental bereavement leave,” substitute “bereavement leave,”;

(b) in subsection (4), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.

(10) In section 99 (unfair dismissal: leave for family reasons), in subsection (3)(cb), omit “parental”.

(11) In section 235(1) (other definitions)—

(a) before the definition of “business” insert—

• ““bereavement leave” means leave under section 80EA;”;

(b) omit the definition of “parental bereavement leave”.

(12) In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26(3)(b), for “parental bereavement leave” substitute “bereavement leave”.

(13) In the Income Tax Act 2007—

(a) in section 186A (enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(b) in section 257DJ (seed enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(c) in section 257MH (tax relief for social investments: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;

(d) in section 297A (venture capital trusts: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”.

(14) In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018, omit paragraphs 25(2), 26(2) and 28(a).

Commencement Information

I33 S. 18 not in force at Royal Assent, see s. 159(3)

I34 S. 18(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(9)(a)

I35 S. 18(2)-(4), (10)(11) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(9)(b)

19 Review of extent of right to time off for public duties E+W+S

(1) The Secretary of State must, before the end of the relevant period—

(a) review the purposes for which employers are required to permit their employees to take time off in accordance with section 50 of the Employment Rights Act 1996 (right to time off for public duties), and

(b) publish a report setting out the findings of the review.

(2) In carrying out the review, the Secretary of State must, in particular, consider whether employers should be required to permit their employees to take time off in accordance with that section for the purposes of performing the functions of a special constable.

(3) In this section—

• “the relevant period” means the period of 12 months beginning with the day on which this Act is passed;

• “special constable” means—

  (a)

  a person appointed as a special constable for a police area in England and Wales,

  (b)

  a person appointed as a special constable under section 25 of the Railways and Transport Safety Act 2003 (special constables of the British Transport Police Force), or

  (c)

  a person appointed as a special constable under section 9 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (special constables of the Police Service of Scotland).

Commencement Information

I36 S. 19 in force at Royal Assent, see s. 159(1)(a)

Protection from harassment and discrimination E+W+S

Prospective

20 Employers to take all reasonable steps to prevent sexual harassment E+W+S

In section 40A of the Equality Act 2010 (employer duty to prevent sexual harassment of employees), in subsection (1), before “reasonable steps” insert “all”.

Commencement Information

I37 S. 20 not in force at Royal Assent, see s. 159(3)

Prospective

21 Harassment by third parties E+W+S

In section 40 of the Equality Act 2010 (employees and applicants: harassment), after subsection (1) insert—

“(1A) An employer (A) must not permit a third party to harass a person (B) who is an employee of A.

(1B) For the purposes of subsection (1A), A permits a third party to harass B only if—

(a) the third party harasses B in the course of B’s employment by A, and

(b) A failed to take all reasonable steps to prevent the third party from doing so.

(1C) In this section “third party” means a person other than—

(a) A, or

(b) an employee of A.”

Commencement Information

I38 S. 21 not in force at Royal Assent, see s. 159(3)

Prospective

22 Sexual harassment: power to make provision about “reasonable steps” E+W+S

(1) The Equality Act 2010 is amended as follows.

(2) In Part 5 (work), in Chapter 1 (employment, etc), after section 40A insert—

“40B Prevention of sexual harassment: power to specify “reasonable steps”

(1) Regulations may specify steps that are to be regarded as “reasonable” for the purpose of determining whether, for the purposes of this Act, an employer (A) has taken, or failed to take, all reasonable steps to prevent sexual harassment of an employee of A (see, in particular, sections 40 and 40A and section 109).

(2) The steps that may be specified in regulations under this section include, among others—

(a) carrying out assessments of a specified description;

(b) publishing plans or policies of a specified description;

(c) steps relating to the reporting of sexual harassment;

(d) steps relating to the handling of complaints.

(3) Regulations under this section that specify any steps may require an employer to have regard to specified matters when taking those steps.

(4) In this section—

• “sexual harassment” means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature);

• “specified” means specified in the regulations.”

(3) In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (a) insert—

“(aa) regulations under section 40B (prevention of sexual harassment: power to specify “reasonable steps”);”.

Commencement Information

I39 S. 22 not in force at Royal Assent, see s. 159(3)

Prospective

23 Protection of disclosures relating to sexual harassment E+W+S

(1) Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended as follows.

(2) In section 43B (disclosures qualifying for protection), in subsection (1), after paragraph (d) insert—

“(da) that sexual harassment has occurred, is occurring or is likely to occur,”.

(3) In section 43L(1) (other interpretative provisions), after the definition of “the relevant failure” insert—

• ““sexual harassment” means harassment of the kind described in section 26(2) of the Equality Act 2010 (unwanted conduct of a sexual nature).”

Commencement Information

I40 S. 23 not in force at Royal Assent, see s. 159(3)

24 Contractual duties of confidentiality relating to harassment and discrimination E+W+S

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

(2) After section 202 insert—

“Harassment and discrimination: contractual duties of confidentiality E+W+S

202A Contractual duties of confidentiality relating to harassment and discrimination

(1) Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or not) is void in so far as it purports to preclude the worker from making—

(a) an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or

(b) an allegation, or a disclosure of information, relating to the response of an employer of the worker to—

(i) relevant harassment or discrimination, or

(ii) the making of an allegation or disclosure within paragraph (a).

(2) Harassment or discrimination is “relevant” for the purposes of subsection (1) if—

(a) the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by—

(i) an employer of the worker, or

(ii) another worker of such an employer, or

(b) the person who is, or is alleged to be, the victim of the harassment or discrimination is—

(i) the worker, or

(ii) another worker of an employer of the worker.

(3) Subsection (1) does not apply to provision in an agreement (an “excepted agreement”) that satisfies such conditions as the Secretary of State may specify by regulations.

(4) But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b)—

(a) to a specified description of person;

(b) for a specified purpose;

(c) in specified circumstances.

(5) The Secretary of State may by regulations—

(a) provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who—

(i) works or worked, or is or was provided with work experience or training, in specified circumstances, or

(ii) has entered into, or works or worked under, a relevant contract of a specified description;

(b) make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.

(6) In subsection (5), “relevant contract” means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.

(7) Regulations under this section may—

(a) make different provision for different purposes;

(b) make consequential provision.

(8) For the purposes of this section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet is to be treated as employment by the relevant officer under a contract of employment.

“The relevant officer” has the meaning given by section 43KA(2).

(9) Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void.

(10) In this section—

• “discrimination” means discrimination within any of sections 13, 15 to 19A and 21(2) of the Equality Act 2010;

• “harassment” means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act;

• “specified” means specified in the regulations.”

(3) In section 192(2) (provisions of Act which have effect in relation to armed forces)—

(a) omit the “and” at the end of paragraph (e);

(b) for paragraph (f) substitute—

“(f) this Part, apart from section 202A, and

(g) Parts 14 and 15.”

(4) In section 193 (provisions of Act which do not apply in relation to the security services), for “section 47B” substitute “sections 47B and 202A”.

(5) In section 236(3) (regulations subject to affirmative procedure), after “125(7)” insert “, 202A”.

Commencement Information

I41 S. 24 not in force at Royal Assent, see s. 159(3)

I42 S. 24(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(10)(a)

I43 S. 24(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(10)(b)

I44 By S.I. 2026/3, reg. 2(10)(c), it is provided that s. 24(7) is in force at 6.1.2026

Dismissal E+W+S

Prospective

25 Right not to be unfairly dismissed: qualifying period and compensation E+W+S

(1) Part 10 of the Employment Rights Act 1996 (unfair dismissal) is amended in accordance with subsections (2) and (3).

(2) In section 108 (qualifying period of employment)—

(a) in subsection (1), for “two years” substitute “six months”;

(b) in subsection (2), for ““two years”” substitute ““six months””.

(3) Omit section 124 (limit of compensatory award etc).

(4) In section 209 of that Act (powers to amend Act), in subsection (5), omit “108(1),”.

(5) Schedule 3 contains minor and consequential amendments relating to this section.

Commencement Information

I45 S. 25 not in force at Royal Assent, see s. 159(3)

26 Dismissal during pregnancy E+W+S

(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) to (5).

(3) In the heading, after “Redundancy” insert “or dismissal”.

(4) After subsection (1) insert—

“(1A) The Secretary of State may, by regulations, make provision about dismissal (other than by reason of redundancy) during, or after, a protected period of pregnancy.”

(5) In subsection (3), after “subsection (1)” insert “or (1A)”.

(6) After section 49D insert—

“49E Section 49D: supplemental

Regulations under section 49D may—

(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;

(b) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;

(c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(d) make special provision for cases where an employee has a right which corresponds to a right under section 49D and which arises under a contract of employment or otherwise;

(e) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work during, or after, a protected period of pregnancy;

(f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person during, or after, a protected period of pregnancy;

(g) make different provision for different cases or circumstances.”

(7) In the heading of Part 5B, after “Redundancy” insert “or dismissal”.

Commencement Information

I46 S. 26 not in force at Royal Assent, see s. 159(3)

I47 S. 26 in force at 6.1.2026 by S.I. 2026/3, reg. 2(11)

27 Dismissal following period of statutory family leave E+W+S

(1) Part 8 of the Employment Rights Act 1996 (leave for family reasons) is amended as follows.

(2) In section 74 (maternity leave: redundancy and dismissal), in subsection (2), after “during” insert “, or after,”.

(3) In section 75C (adoption leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.

(4) In section 75J (shared parental leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.

(5) In section 80D (paternity leave: special cases)—

(a) in subsection (1A)(b), after “bereaved employee” insert “, or dismissal of a bereaved employee (other than by reason of redundancy),”;

(b) in subsection (3)(b), for the words from “where” to the end substitute “where the relevant person dies.

“In paragraph (b) “the relevant person” means the person by reference to whom the employee satisfied the conditions specified by virtue of subsection (1)(c) of that section so as to entitle the employee to that leave.”

(6) In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after “during” insert “or after”.

Commencement Information

I48 S. 27 not in force at Royal Assent, see s. 159(3)

I49 S. 27(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(a)

I50 S. 27(2)-(5) in force at 6.1.2026 by S.I. 2026/3, reg. 2(12)(b)

I51 S. 27(6) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(c)

28 Dismissal for failing to agree to variation of contract, etc E+W+S

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

(2) Part 10 (unfair dismissal) is amended in accordance with subsections (3) to (5).

(3) Before section 105 insert—

“104I Contracts of employment: restricted variations

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).

(2) The reason within this subsection is that—

(a) the employer sought to vary the employee’s contract of employment to make a restricted variation (see subsection (5)), and

(b) the employee—

(i) did not agree to the restricted variation, or

(ii) where the employer sought to make more than one variation, did not agree to a number of variations that included the restricted variation.

(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.

(4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—

(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

(b) one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (5));

and, in a case where subsection (3) applies, any reference in this section to the restricted variation is to be read accordingly.

(5) In this section “restricted variation” means any of the following—

(a) a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (6));

(b) where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure;

(c) a variation of any term or condition relating to pensions or pension schemes;

(d) a variation of the number of hours which an employee is required to work;

(e) a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State;

(f) a reduction in the amount of time off which an employee is entitled to take;

(g) a variation of a description specified in regulations made by the Secretary of State;

(h) the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee’s agreement.

(6) The Secretary of State may by regulations provide that a reference in subsection (5) to a sum payable to an employee in connection with the employment does not include a reference to—

(a) a sum payable in respect of—

(i) any expenses incurred by an employee;

(ii) any expenses of a specified description incurred by an employee;

(iii) any expenses incurred by an employee other than expenses of a specified description;

(b) a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description.

In this subsection “specified” means specified in the regulations.

(7) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.

(8) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—

(a) the reason for the restricted variation was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—

(i) the employer’s ability to carry on the business as a going concern, or

(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and

(b) in all the circumstances the employer could not reasonably have avoided the need to make the restricted variation.

(9) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—

(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

(b) the relevant intervention direction—

(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and

(ii) contains provision relating to the financial management or financial governance of the authority, and

(c) the authority shows that—

(i) the reason for the restricted variation was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and

(ii) in all the circumstances the authority could not reasonably have avoided the need to make the restricted variation.

(10) In determining whether—

(a) in the case of a public sector employer (other than a local authority), subsection (8)(b) is met, or

(b) in the case of a local authority, subsection (9)(c)(ii) is met,

an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.

(11) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (8) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (9) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(d) anything offered to the employee by the employer in return for agreeing to the restricted variation;

(e) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(12) In this section—

• “English local authority” means—

  (a)

  a county council or district council in England;

  (b)

  a London borough council;

  (c)

  the Greater London Authority;

  (d)

  the Council of the Isles of Scilly;

  (e)

  the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;

  (f)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  (g)

  a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “local authority” means—

  (a)

  an English local authority,

  (b)

  a Welsh local authority, or

  (c)

  a Scottish local authority;

• “public sector employer” means a person that—

  (a)

  is wholly or mainly funded from public funds,

  (b)

  is under a statutory duty to carry out any functions of a public nature, and

  (c)

  so far as carrying out those functions, does not operate on a commercial basis;

• “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

• “relevant intervention direction” means—

  (a)

  in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);

  (b)

  in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);

  (c)

  in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);

• “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “statutory duty” means a duty imposed by or under any enactment, including—

  (a)

  a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and

  (b)

  an Act of the Scottish Parliament;

• “statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;

• “Welsh local authority” means—

  (a)

  a county council or county borough council in Wales;

  (b)

  a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.

(13) The reference in subsection (9)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.

104J Contracts of employment: variations that are not restricted variations

(1) This section applies to the dismissal of an employee if—

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).

(2) The reason within this subsection is that—

(a) the employer sought to vary the employee’s contract of employment,

(b) the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and

(c) the employee did not agree to the variation.

(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.

(4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—

(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

(b) none of the differences between the two sets of terms constitutes a restricted variation;

and, in a case where subsection (3) applies, any reference in this section to the variation is to be read accordingly.

(5) The matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) the reason for the variation;

(b) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

(c) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(d) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(e) anything offered to the employee by the employer in return for agreeing to the variation;

(f) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(6) In this section—

• “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

• “restricted variation” has the same meaning as in section 104I.

104K Redundancy: replacement of employees with people who are not employees

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer.

(2) For the purposes of this section—

(a) an employer replaces an employee with an individual who is not an employee of the employer if (and only if)—

(i) the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer’s business,

(ii) those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and

(iii) the employee’s dismissal is not wholly or mainly attributable to the fact that the requirements of the employer’s business for those activities to be carried out have ceased or diminished or are expected to cease or diminish;

and any reference in this section to replacing an employee is to be read accordingly;

(b) a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed;

(c) “relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).

(3) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.

(4) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—

(a) the reason for the replacement was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—

(i) the employer’s ability to carry on the business as a going concern, or

(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and

(b) in all the circumstances the employer could not reasonably have avoided the need to replace the employee.

(5) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—

(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

(b) the relevant intervention direction—

(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and

(ii) contains provision relating to the financial management or financial governance of the authority, and

(c) the authority shows that—

(i) the reason for the replacement was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and

(ii) in all the circumstances the authority could not reasonably have avoided the need to replace the employee.

(6) In determining whether—

(a) in the case of a public sector employer (other than a local authority), subsection (4)(b) is met, or

(b) in the case of a local authority, subsection (5)(c)(ii) is met,

an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.

(7) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (4) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (5) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) any consultation carried out by the employer with the employee about replacing the employee;

(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(d) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(8) In this section—

• “contract” means a contract whether express or implied and (if it is express) whether oral or in writing;

• “English local authority” means—

  (a)

  a county council or district council in England;

  (b)

  a London borough council;

  (c)

  the Greater London Authority;

  (d)

  the Council of the Isles of Scilly;

  (e)

  the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;

  (f)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  (g)

  a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “local authority” means—

  (a)

  an English local authority,

  (b)

  a Welsh local authority, or

  (c)

  a Scottish local authority;

• “public sector employer” means a person that—

  (a)

  is wholly or mainly funded from public funds,

  (b)

  is under a statutory duty to carry out any functions of a public nature, and

  (c)

  so far as carrying out those functions, does not operate on a commercial basis;

• “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

• “relevant intervention direction” means—

  (a)

  in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);

  (b)

  in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);

  (c)

  in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);

• “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “statutory duty” means a duty imposed by or under any enactment, including—

  (a)

  a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and

  (b)

  an Act of the Scottish Parliament;

• “statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;

• “Welsh local authority” means—

  (a)

  a county council or county borough council in Wales;

  (b)

  a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.

(9) The reference in subsection (5)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.”

(4) In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”.

(5) In section 108 (qualifying period of employment), in subsection (3), before paragraph (h) insert—

“(go) subsection (1) of section 104I (read with subsections (7) to (9) of that section) applies,

(gp) subsection (1) of section 104K (read with subsections (3) to (5) of that section) applies,”.

(6) In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure), after “99,” insert “104I, 104J(5)(f), 104K(7)(d),”.

Commencement Information

I52 S. 28 not in force at Royal Assent, see s. 159(3)

I53 S. 28(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(13)(a)

I54 S. 28(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(13)(b)

I55 S. 28(6) in force at 6.1.2026 by S.I. 2026/3, reg. 2(13)(c)

Part 2 U.K. Other matters relating to employment

Procedure for handling redundancies E+W+S

29 Collective redundancy: extended application of requirements E+W+S

(1) Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

(2) In section 188 (duty of employer to consult representatives)—

(a) before subsection (1) insert—

“(A1) Subsection (1) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A), or

(b) 20 or more employees at one establishment.”;

(b) in subsection (1), for the words from “Where” to “the employer” substitute “The employer”;

(c) in subsection (1A), for “(1)” substitute “(A1)”;

(d) after subsection (2) insert—

“(2A) This section does not require the employer to—

(a) consult all of the appropriate representatives together, or

(b) undertake the consultation with a view to reaching the same agreement with all of the appropriate representatives.”;

(e) in subsection (4)—

(i) in paragraph (c), at the beginning insert “where the employees whom it is proposed to dismiss as redundant are at only one establishment,”;

(ii) after paragraph (c) insert—

“(ca) where the employees whom it is proposed to dismiss as redundant are at more than one establishment—

(i) the total number of employees of any such description employed by the employer, and

(ii) details of the establishments at which those employees are employed,”.

(3) In section 193 (duty of employer to notify Secretary of State of certain redundancies)—

(a) omit subsection (1);

(b) before subsection (2) insert—

“(1A) Subsection (2) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A), or

(b) 20 or more employees at one establishment.”;

(c) in subsection (2)—

(i) for the words from “An employer” to “period” substitute “The employer”;

(ii) omit paragraphs (a) and (b);

(d) after subsection (2) insert—

“(2A) The notice must be given—

(a) before the employer gives notice to terminate an employee’s contract of employment in respect of any of the dismissals;

(b) at least 30 days before the first of the dismissals takes effect, or, where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1A), at least 45 days before the first of the dismissals takes effect.”;

(e) in subsection (3), for “(1) or (2)” substitute “(1A)”;

(f) in subsection (4)(a), omit the words from “in relation to the establishment” to the end;

(g) in subsection (6), omit “(1) or”;

(h) in subsection (7), for “(1)” substitute “(2)”.

(4) In section 193A (redundancies of ships’ crew)—

(a) in subsection (1)(a), omit “193(1) or”;

(b) in subsection (2), for “section 193(1) or (2)” substitute “section 193(2)”.

(5) After section 195 insert—

“195A Construction of references to threshold number of employees

(1) In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section may (among other things) provide that the number is—

(a) a specified number;

(b) a number determined by reference to a specified percentage of employees;

(c) a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

(3) But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

(4) For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

(a) provision about the time by reference to which that determination is to be made;

(b) provision excluding employees of a specified description from being taken into account in that determination.

(5) Regulations under this section may make different provision for different purposes, including (among other things)—

(a) different provision in respect of different provisions of this Chapter;

(b) different provision in respect of different descriptions of employer.

(6) Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) In this section “specified” means specified in the regulations.”

(6) In section 197 (power to vary provisions), in subsection (1)—

(a) in paragraph (a), for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)”;

(b) in the words after paragraph (b), for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)”.

(7) In section 198A (employees being transferred to the employer from another undertaking)—

(a) in subsection (1)(b), for the words from “20 or more employees” to “or less,” substitute “within a period of 90 days or less—

(i) at least the threshold number of employees (see section 195A), or

(ii) 20 or more employees at one establishment,”;

(b) in subsection (4)(a)—

(i) for “and as if” substitute “and, where relevant, as if”;

(ii) for “(1)(b)” substitute “(1)(b)(ii)”.

Commencement Information

I56 S. 29 not in force at Royal Assent, see s. 159(3)

I57 S. 29(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(14)(a)

I58 S. 29(2)-(5) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(14)(b)

30 Collective redundancy consultation: protected period E+W+S

(1) Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

(2) In section 189 (duty to consult representatives: complaint and protective award), in subsection (4), in the words after paragraph (b), for “90” substitute “180”.

(3) In section 197 (power to vary provisions), in subsection (1)(b), for “periods” substitute “period”.

Commencement Information

I59 S. 30 not in force at Royal Assent, see s. 159(3)

I60 S. 30(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(15)(a)

I61 S. 30(3) in force at 6.1.2026 by S.I. 2026/3, reg. 2(15)(b)

31 Collective redundancy notifications: ships’ crew E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5).

(2) For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “has effect subject to this section” substitute “applies with the modifications set out in subsections (2) and (3)”;

(b) in paragraph (b)—

(i) at the beginning insert “some or all of”;

(ii) for “vessel” substitute “ship”.

(4) In subsection (2)—

(a) before “to the competent authority” insert “, so far as relating to the members of crew of a ship within subsection (1)(b),”;

(b) for “vessel” substitute “ship”;

(c) for “instead of” substitute “as well as”.

(5) After subsection (2) insert—

“(3) Where this subsection applies, section 193 is to be read as if references in subsections (4) and (6) to a notice were to the notice that is required to be given to the Secretary of State.

(4) In this section “ship” includes—

(a) any kind of vessel used in navigation, and

(b) hovercraft.”

(6) In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

(a) in subsection (1B), after “United Kingdom” insert “or a GB-linked ship”;

(b) after subsection (2) insert—

“(3) In this section, “GB-linked ship” means a ship providing a service—

(a) for the carriage of persons or goods, with or without vehicles, and

(b) that is within subsection (4) or (5).

(4) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.

(5) A service is within this subsection if—

(a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or

(b) if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.

(6) But a service is not within subsection (5) if the service—

(a) is for the purpose of leisure or recreation, or

(b) is provided by a fishing vessel.

(7) In this section—

• “harbour” has the same meaning as in the Harbours Act 1964;

• “ship” has the same meaning as in section 193A (see subsection (4) of that section).”

Commencement Information

I62 S. 31 not in force at Royal Assent, see s. 159(3)

I63 S. 31 in force at 18.2.2026 by S.I. 2026/3, reg. 3(5)

Public sector outsourcing: protection of workers U.K.

32 Public sector outsourcing: protection of workers U.K.

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

(2) After Part 5 insert—

“Part 5A U.K. Outsourcing: protection of workers

83A Application of this Part

(1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B).

(2) Accordingly, in this Part, “appropriate authority”—

(a) means—

(i) a Minister of the Crown,

(ii) the Scottish Ministers, or

(iii) the Welsh Ministers, and

(b) does not include a Northern Ireland department.

(3) In addition to the restrictions in section 113, a Minister of the Crown—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(4) The Scottish Ministers—

(a) may only exercise a power under this Part for the purpose of regulating—

(i) devolved Scottish authorities, or

(ii) procurement under a devolved Scottish procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating—

(i) joint or centralised procurement under a reserved procurement arrangement, or

(ii) joint or centralised procurement under a devolved Welsh procurement arrangement.

(5) In addition to the restrictions in section 111, the Welsh Ministers—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(6) This Part does not apply in relation to—

(a) a private utility;

(b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);

(c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1);

(d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement—

(i) is carried out by a devolved Scottish authority, and

(ii) is not joint or centralised;

(e) a transferred Northern Ireland authority, except in relation to—

(i) procurement under a reserved procurement arrangement,

(ii) procurement under a devolved Scottish procurement arrangement, or

(iii) procurement under a devolved Welsh procurement arrangement.

(7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—

(a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or

(b) by a centralised procurement authority or equivalent body.

83B Relevant outsourcing contracts

(1) In this Part, “relevant outsourcing contract” means a contract in relation to which conditions A to C are met.

(2) Condition A is met where the contract—

(a) is a public contract under this Act, or

(b) is a contract regulated by Scottish procurement legislation.

(3) Condition B is met where the contract—

(a) is a contract for the supply of services that include the performance of functions that are or have previously been performed by the contracting authority, or

(b) is—

(i) in the case of a public contract, a framework for the future award of a contract referred to in paragraph (a), or

(ii) in the case of a contract regulated by Scottish procurement legislation, a framework agreement the purpose of which is to establish the terms governing a contract referred to in paragraph (a).

(4) Condition C is met where the functions referred to in subsection (3)(a) are, or are expected to be, performed by individuals (“transferring workers”) who—

(a) in performing the functions, are employed by the supplier or a sub-contractor under a worker’s contract, and

(b) were employed by the contracting authority under a worker’s contract in performing functions of the same kind.

(5) For the purposes of this Part—

(a) “contract regulated by Scottish procurement legislation” means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation;

(b) in relation to a contract regulated by Scottish procurement legislation—

(i) “contracting authority” means a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation;

(ii) “framework agreement” has the same meaning as in the relevant Scottish procurement legislation;

(iii) “supplier” means an economic operator within the meaning of the relevant Scottish procurement legislation;

(iv) “the relevant Scottish procurement legislation” means the Scottish procurement legislation regulating the procurement of the contract.

83C Power to specify provision for inclusion in relevant outsourcing contracts

(1) An appropriate authority may by regulations specify provision to be included in a relevant outsourcing contract for the purpose of ensuring that—

(a) transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers.

(2) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must—

(a) take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract;

(b) where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with.

(3) Subsection (2) does not apply—

(a) where the contracting authority or the relevant outsourcing contract is of a specified description, or

(b) in specified circumstances.

(4) In this section, “specified” means specified in regulations made by an appropriate authority.

83D Code of practice on relevant outsourcing contracts

(1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract—

(a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers.

(2) An appropriate authority—

(a) may amend or replace a code published by it under subsection (1), and

(b) must publish any amended or replacement code.

(3) A code published under subsection (1) or (2) must—

(a) in the case of a code published by a Minister of the Crown, be laid before Parliament;

(b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament;

(c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru.

(4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2).

(5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11).

83E Interpretation of this Part

(1) In this Part—

• “appropriate authority” has the meaning given in section 83A(2);

• “contract regulated by Scottish procurement legislation” has the meaning given in section 83B(5)(a);

• “relevant outsourcing contract” has the meaning given in section 83B;

• “transferring worker”, in relation to a relevant outsourcing contract, has the meaning given in section 83B(4);

• “worker” and “worker’s contract” have the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act).

(2) For the purposes of this Part, in relation to a contract regulated by Scottish procurement legislation, “contracting authority”, “framework agreement”, “supplier” and “the relevant Scottish procurement legislation” have the meaning given in section 83B(5)(b).

83F Power of Scottish Ministers to amend this Part

The Scottish Ministers may by regulations modify section 83A, 83B or 83E in consequence of a modification of Scottish procurement legislation.”

(3) In section 2 (contracting authorities), after subsection (1) insert—

“(1A) But see also section 83B(5)(b)(i) (which provides for “contracting authority” to have an extended meaning in relation to certain contracts regulated under Part 5A (outsourcing: protection of workers)).”

(4) In section 122 (regulations)—

(a) in subsection (4) (regulations of Ministers of the Crown subject to affirmative procedure), after paragraph (i) insert—

“(ia) section 83C (provision for inclusion in relevant outsourcing contracts);”;

(b) in subsection (10) (regulations of Welsh Ministers subject to affirmative procedure), after paragraph (g) insert—

“(ga) section 83C (provision for inclusion in relevant outsourcing contracts);”;

(c) in subsection (14) (regulations of Scottish Ministers subject to affirmative procedure), before paragraph (a) insert—

“(za) section 83C (provision to be included in relevant outsourcing contracts);

(zb) section 83F (power to amend section 83A, 83B or 83E);”.

(5) In section 123 (interpretation), in subsection (1), in the definition of “appropriate authority”, at the end insert—

“(but see section 83A(2) for a different meaning of “appropriate authority” in Part 5A (outsourcing: protection of workers));”.

(6) In section 124 (index of defined expressions), for the entry for “appropriate authority” substitute—

“appropriate authority (except in Part 5A)	section 123
appropriate authority (in Part 5A)	section 83A”.

(7) In Schedule 9A (procurement by devolved Scottish authorities), at the appropriate place insert—

“Part 5A (outsourcing: protection of workers)”.

Commencement Information

I64 S. 32 not in force at Royal Assent, see s. 159(3)

I65 S. 32(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(16)(a)

I66 S. 32(2)(3), (5)-(7) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(16)(b)

I67 S. 32(4) in force at 6.1.2026 by S.I. 2026/3, reg. 2(16)(c)

Prospective

Duties of employers relating to equality E+W+S

33 Equality action plans E+W+S

(1) The Equality Act 2010 is amended as follows.

(2) In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

“Equality action plans E+W+S

78A Equality action plans

(1) Regulations may require employers to—

(a) develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and

(b) publish prescribed information relating to the plan.

(2) This section does not apply to—

(a) an employer with fewer than 250 employees;

(b) a public authority, other than—

(i) a public authority specified in Part 1 of Schedule 19, or

(ii) a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

(3) For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees.

(4) Accordingly, matters related to gender equality include—

(a) addressing the gender pay gap, and

(b) supporting employees going through the menopause.

(5) The regulations may, among other things, make provision about—

(a) the content of a plan;

(b) the form and manner in which a plan or information is to be published;

(c) when and how frequently a plan or information is to be published or revised;

(d) requirements for senior approval before a plan or information is published;

(e) descriptions of employers;

(f) descriptions of employee;

(g) descriptions of information.

(6) The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.

(7) The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed.

(8) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

(9) A Minister of the Crown must consult—

(a) the Commission, before making regulations under this section that apply to a public authority, and

(b) the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.”

(3) In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert—

“(ba) regulations under section 78A (equality action plans);”.

Commencement Information

I68 S. 33 not in force at Royal Assent, see s. 159(3)

34 Provision of information relating to outsourced workers E+W+S

(1) The Equality Act 2010 is amended as follows.

(2) In section 78 (gender pay gap information), after subsection (3) insert—

“(3A) Regulations under subsection (3)(d) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).”

(3) In section 153 (power to impose specific duties on public authorities), after subsection (1) insert—

“(1A) Regulations under subsection (1) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(1B) In subsection (1A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).”

(4) In section 154 (power to impose specific duties: cross-border public authorities), after subsection (3) insert—

“(3A) Regulations under this section made by a Minister of the Crown may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).”

Commencement Information

I69 S. 34 not in force at Royal Assent, see s. 159(3)

Prospective

Annual leave records E+W+S

35 Duty to keep records relating to annual leave E+W+S

(1) The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.

(2) In Part 2 (rights and obligations concerning working time), after regulation 16A insert—

“16B. Records relating to annual leave entitlement

(1) An employer must—

(a) keep records which are adequate to show whether the employer has complied with the entitlements conferred by regulations 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regulations 14(2) and (6) and 15E(2);

(b) retain such records for six years from the date on which they were made.

(2) The records referred to in paragraph (1)(a) may be created, maintained and kept in such manner and format as the employer reasonably thinks fit.”

(3) In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)”.

(4) In regulation 29C (restriction on institution of proceedings in England and Wales)—

(a) the existing provision becomes paragraph (1);

(b) after that paragraph insert—

“(2) But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records).”

Commencement Information

I70 S. 35 not in force at Royal Assent, see s. 159(3)

Employment businesses E+W+S

36 Extension of regulation of employment businesses E+W+S

In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (3) substitute—

“(3) For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of participating in employment arrangements.

(3A) “Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.

(3B) “Participating in” employment arrangements means doing any of the following in connection with the arrangements—

(a) being an employer of the persons who are, or are intended to be, supplied under the arrangements;

(b) paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;

(c) supplying those persons (whether or not under the arrangements);

(d) taking steps with a view to doing anything mentioned in paragraphs (a) to (c).”

Commencement Information

I71 S. 36 not in force at Royal Assent, see s. 159(3)

I72 S. 36 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(17)

Employment of children on heritage railways E+W+S

37 Guidance about the employment of children on heritage railways E+W+S

(1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).

(2) The Office of Rail and Road and the Health and Safety Executive, acting jointly—

(a) may from time to time revise guidance published under this section;

(b) must publish any revisions of that guidance.

(3) In this section—

• “heritage railway” means a railway which—

  (a)

  is operated for the purposes of—

  (i)

  preserving, recreating or simulating railways of the past, or

  (ii)

  demonstrating or operating historical or special types of motive power or rolling stock, and

  (b)

  is exclusively or primarily used for recreational or educational purposes;

• “railway” includes a tramway;

• “the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.

Commencement Information

I73 S. 37 in force at Royal Assent, see s. 159(1)(b)

Part 3 U.K. Pay and conditions in particular sectors

Prospective

Chapter 1 E+W School support staff

38 Pay and conditions of school support staff in England E+W

Schedule 4 contains provision establishing the School Support Staff Negotiating Body.

Commencement Information

I74 S. 38 not in force at Royal Assent, see s. 159(3)

Prospective

Chapter 2 E+W+S Social care workers

Social Care Negotiating Bodies E+W+S

39 Power to establish Social Care Negotiating Body E+W+S

(1) For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.

(2) For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.

(3) For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.

(4) Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.

(5) In this Chapter—

• “the appropriate authority”—

  (a)

  in relation to the Adult Social Care Negotiating Body for England, means the Secretary of State;

  (b)

  in relation to the Social Care Negotiating Body for Wales, means the Welsh Ministers;

  (c)

  in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers;

• “Negotiating Body” means a body established by regulations under this section.

Commencement Information

I75 S. 39 not in force at Royal Assent, see s. 159(3)

40 Membership, procedure, etc of Negotiating Body E+W+S

(1) Where the appropriate authority provides for there to be a Negotiating Body under section 39, 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—

(a) provision about membership of the Negotiating Body, including (among other things)—

(i) provision about the appointment of members;

(ii) provision about the number of members, or the number of members of a specified description, which the Negotiating Body is to have (see also subsection (3));

(iii) provision about the termination of appointments;

(b) provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;

(c) provision about how the Negotiating Body makes its decisions;

(d) provision for the Negotiating Body to keep records of a specified description;

(e) provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;

(f) provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;

(g) provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.

(3) Regulations under this section—

(a) must provide that the persons appointed as members of the Negotiating Body include—

(i) officials of one or more trade unions that represent the interests of social care workers;

(ii) persons representing the interests of employers of social care workers;

(b) may provide for other descriptions of person to be appointed as members of the Negotiating Body.

(4) Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.

(5) Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.

(6) In this section “specified” means specified in the regulations.

Commencement Information

I76 S. 40 not in force at Royal Assent, see s. 159(3)

41 Matters within Negotiating Body’s remit E+W+S

(1) For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—

(a) the remuneration of relevant social care workers, or of relevant social care workers of a specified description;

(b) terms and conditions of employment of relevant social care workers, or of relevant social care workers of a specified description;

(c) any other specified matters relating to employment as a relevant social care worker, or as a relevant social care worker of a specified description.

(2) In subsection (1)—

• “relevant social care worker”, in relation to a Negotiating Body, means a social care worker employed in, or in connection with, the provision of social care in the area for which the Negotiating Body is established;

• “specified” means specified in regulations made by the appropriate authority.

Commencement Information

I77 S. 41 not in force at Royal Assent, see s. 159(3)

42 Meaning of “social care worker” E+W+S

(1) In this Chapter “social care worker” means—

(a) in relation to England, a person who is employed wholly or mainly in, or in connection with, the provision of social care to individuals aged 18 or over;

(b) in relation to Wales or Scotland, a person who is employed wholly or mainly in, or in connection with, the provision of social care to any individual.

(2) For the purposes of subsection (1), “social care” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

Commencement Information

I78 S. 42 not in force at Royal Assent, see s. 159(3)

Consideration of matters by Negotiating Body E+W+S

43 Consideration of matters by Negotiating Body E+W+S

(1) The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;

(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;

(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;

(e) provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;

(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(3) In this section “specified” means specified in the regulations.

Commencement Information

I79 S. 43 not in force at Royal Assent, see s. 159(3)

44 Reconsideration by Negotiating Body E+W+S

(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).

(3) The provision that may be made by regulations under subsection (2) includes, among other things—

(a) provision requiring the Negotiating Body to reconsider the agreement;

(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;

(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to reconsider the agreement;

(e) provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;

(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(4) In this section “specified” means specified in the regulations.

Commencement Information

I80 S. 44 not in force at Royal Assent, see s. 159(3)

45 Failure to reach an agreement E+W+S

(1) The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision for resolving disagreements about any matter;

(b) provision conferring functions on the appropriate authority or a person specified in the regulations;

(c) provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.

Commencement Information

I81 S. 45 not in force at Royal Assent, see s. 159(3)

Giving effect to agreements of Negotiating Body E+W+S

46 Power to ratify agreements E+W+S

(1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44.

(2) The appropriate authority may make regulations ratifying the agreement—

(a) in full, or

(b) to the extent specified in the regulations.

Commencement Information

I82 S. 46 not in force at Royal Assent, see s. 159(3)

47 Effect of regulations ratifying agreement E+W+S

(1) This section applies if the appropriate authority makes regulations under section 46 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.

(3) A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

(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) to (4)—

(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;

(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Commencement Information

I83 S. 47 not in force at Royal Assent, see s. 159(3)

Power of appropriate authority to deal with matters E+W+S

48 Power of appropriate authority to deal with matters E+W+S

(1) This section applies where—

(a) a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and

(b) any other specified conditions are met.

In paragraph (b) “specified” means specified in regulations made by the appropriate authority.

(2) The appropriate authority may by regulations make provision about the matter.

(3) Regulations under subsection (2) 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), subsections (5) to (7) apply (but see subsection (8)).

(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.

(6) A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

(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) to (7)—

(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;

(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Commencement Information

I84 S. 48 not in force at Royal Assent, see s. 159(3)

Guidance etc E+W+S

49 Guidance and codes of practice E+W+S

(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 or 44;

(b) regulations made by the authority under section 48.

(2) Regulations under this section may, among other things—

(a) impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;

(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)(b) 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)(b) 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—

• “the appropriate legislature” means—

  (a)

  in the case of regulations of the Secretary of State, Parliament;

  (b)

  in the case of regulations of the Welsh Ministers, Senedd Cymru;

  (c)

  in the case of regulations of the Scottish Ministers, the Scottish Parliament;

• “specified” means specified in the regulations.

Commencement Information

I85 S. 49 not in force at Royal Assent, see s. 159(3)

Enforcement E+W+S

50 Duty of employers to keep records E+W+S

(1) For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—

(a) to keep, in a specified form and manner, records of a specified description;

(b) to preserve those records for a specified period.

(2) Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—

(a) section 10 (worker’s right of access to records);

(b) section 11 (failure of employer to allow access to records);

(c) section 11A (extension of time limit to facilitate conciliation before institution of proceedings).

(3) Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.

(4) In this section “specified” means specified in the regulations.

Commencement Information

I86 S. 50 not in force at Royal Assent, see s. 159(3)

Agency workers E+W+S

51 Agency workers who are not otherwise “workers” E+W+S

(1) This section applies in any case where an individual (the “agency worker”)—

(a) is supplied by a person (the “agent”) to do work for another (the “principal”) under a contract or other arrangements made between the agent and the principal,

(b) is not, as respects that work, a worker, because of the absence of a worker’s contract between the individual and the agent or the principal, and

(c) is not a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) The provisions of this Chapter (other than this section) have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—

(a) whichever of the agent and the principal is responsible for paying the agency worker in respect of the work, or

(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(2) and 48(5)—

(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(2) or (3) or 48(5) or (6) 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.

Commencement Information

I87 S. 51 not in force at Royal Assent, see s. 159(3)

Supplementary and general E+W+S

52 Regulations under section 46 or 48: supplementary E+W+S

(1) Regulations under section 46 or 48 may make provision that has retrospective effect.

(2) Regulations under section 46 or 48 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 or 48 make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.

Commencement Information

I88 S. 52 not in force at Royal Assent, see s. 159(3)

53 Regulations under this Chapter E+W+S

(1) Regulations under this Chapter may confer a discretion on a person when dealing with any matter.

(2) Regulations under section 46 are subject to the negative resolution procedure.

(3) Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.

Commencement Information

I89 S. 53 not in force at Royal Assent, see s. 159(3)

54 Status of agreements, etc E+W+S

The Secretary of State may by regulations provide that—

(a) nothing done by a Negotiating Body, or by members of a Negotiating Body acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992;

(b) any reference to a collective agreement within the meaning of that Act does not include an agreement reached by a Negotiating Body.

Commencement Information

I90 S. 54 not in force at Royal Assent, see s. 159(3)

55 Interpretation of this Chapter E+W+S

(1) In this Chapter—

• “the appropriate authority” has the meaning given by section 39(5);

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;

• “employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed;

• “employment” means employment under a worker’s contract; and “employed” is to be read accordingly;

• “enactment” means—

  (a)

  an Act of Parliament,

  (b)

  a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or

  (c)

  an Act of the Scottish Parliament;

• “Negotiating Body” has the meaning given by section 39(5);

• “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;

• “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992;

• “worker” (except in the phrases “agency worker”, “relevant social care worker” and “social care worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

  (a)

  a contract of employment, or

  (b)

  any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

  and any reference to a worker’s contract is to be read accordingly.

(2) Any reference in this Chapter to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.

Commencement Information

I91 S. 55 not in force at Royal Assent, see s. 159(3)

Chapter 3 U.K. Seafarers

Prospective

56 Seafarers’ wages and working conditions U.K.

Schedule 5 amends the Seafarers’ Wages Act 2023.

Commencement Information

I92 S. 56 not in force at Royal Assent, see s. 159(3)

57 International agreements relating to maritime employment U.K.

(1) The Merchant Shipping Act 1995 is amended as follows.

(2) After section 84 insert—

“Part 3A U.K. International agreements relating to maritime employment

84A International agreements relating to maritime employment

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to—

(a) the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation, as it has effect from time to time;

(b) the Work in Fishing Convention, adopted on 14 June 2007 by the International Labour Organisation, as it has effect from time to time.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment.

(3) The power in subsection (2) to give effect to an agreement so far as it relates to maritime employment includes power to give effect to any amendments of the agreement that relate to maritime employment.

(4) For the purposes of this section, a provision relates to maritime employment if it relates to the terms and conditions of employment or engagement, or working conditions, of masters or seamen.

(5) Section 84B makes further provision with respect to the regulations that may be made under this section.

84B Regulations under section 84A: supplementary

(1) In subsections (2) to (9) “regulations” means regulations under section 84A.

(2) Regulations—

(a) may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant;

(b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval;

(c) must provide for any approval in pursuance of the regulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given.

(3) Regulations may make provision for—

(a) the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations for classes of case or individual cases, on such terms (if any) as the Secretary of State or that other person may specify, and

(b) for the alteration or cancellation of such exemptions.

(4) Regulations may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for—

(a) the making and keeping of records and the keeping of documents;

(b) the issue of certificates;

(c) the furnishing of information.

(5) Regulations may—

(a) provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred;

(b) apply section 284 with or without modifications in relation to such detentions.

(6) Regulations may provide for the contravention of any provision of the regulations to be a criminal offence, but may not provide—

(a) for an offence under the regulations to be punishable on summary conviction with imprisonment;

(b) in relation to Scotland or Northern Ireland—

(i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale;

(ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum;

(c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding two years.

(7) Regulations may provide that, in specified cases, specified persons each commit an offence created by regulations in reliance on subsection (6).

(8) Regulations may—

(a) make different provision for different purposes;

(b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;

(c) provide for the delegation of functions exercisable by virtue of the regulations.

(9) The power to make regulations includes power to make consequential, supplementary, incidental or transitional provision.

(10) The powers conferred by section 84A to make provision for the purpose of giving effect to an agreement or an amendment of an agreement include power to provide for the provision to come into force although the agreement or amendment has not come into force.

(11) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force—

(a) before the United Kingdom has ratified the agreement, or

(b) in a case where—

(i) the provision is for the purpose of giving effect to an amendment of an agreement, and

(ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom,

before the United Kingdom has ratified the amendment.

(12) Nothing in subsections (2) to (10) of this section is to be construed as restricting the generality of the powers conferred by section 84A.

(13) A statutory instrument which contains (whether alone or with other provision) regulations under section 84A(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

(3) In section 306 (regulations etc), in subsection (2A)(a), after “section” insert “84A(2),”.

Commencement Information

I93 S. 57 not in force at Royal Assent, see s. 159(3)

I94 S. 57 in force at 18.2.2026 by S.I. 2026/3, reg. 3(6)

Part 4 E+W+S Trade unions and industrial action, etc

Right to statement of trade union rights E+W+S

58 Right to statement of trade union rights E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—

“Statement of trade union rights E+W+S

136A Right to statement of trade union rights

(1) A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.

(2) The statement must be given—

(a) at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);

(b) at other prescribed times.

(3) The Secretary of State may prescribe—

(a) information that must be included in the statement;

(b) the form which the statement must take;

(c) the manner in which the statement must be given.

(4) The information prescribed may include that the worker has rights conferred by this Part.

(5) For the purposes of this section—

(a) “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);

(b) in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;

(c) “the 1996 Act” means the Employment Rights Act 1996.

(6) Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.

(7) See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.”

(3) In section 284 (exceptions for share fishermen)—

(a) after “in the case of” insert “section 136A and”;

(b) before “sections 137 to 143” insert—

• “section 136A (right to statement of trade union rights),”.

(4) In section 285 (exceptions for employment outside Great Britain)—

(a) in subsection (1), before “sections 137 to 143” insert—

• “section 136A (right to statement of trade union rights),”;

(b) in subsection (1A), for “Sections 145A to 151” substitute “Section 136A, and sections 145A to 151,”.

(5) In section 286 (power to provide for other exceptions), before “sections 145A to 151” insert “section 136A (right to statement of trade union rights) and”.

(6) In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.

(7) In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

(a) in subsection (2)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992 (duty to give a written statement of trade union rights),”;

(b) in subsection (3)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992,”.

Commencement Information

I95 S. 58 not in force at Royal Assent, see s. 159(3)

I96 S. 58(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(a)

I97 S. 58(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(b)

I98 S. 58(5) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(c)

Right of trade unions to access workplaces E+W+S

59 Right of trade unions to access workplaces E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In Part 1 (trade unions), before Chapter 5A insert—

“Chapter 5ZA E+W+S Right of trade unions to access workplaces

Access agreements: general E+W+S

70ZA Access agreements

(1) This section applies for the purposes of this Chapter.

(2) An “access agreement” is an agreement between a qualifying trade union and an employer that—

(a) provides for one or more officials of the union to physically enter a workplace or communicate with workers (or both) for any of the access purposes, and

(b) is entered into under section 70ZD or is treated as having been entered into under section 70ZE.

(3) A “qualifying trade union” is a trade union that has a certificate of independence.

(4) “Access” means—

(a) physical entry into a workplace;

(b) communication with workers.

(5) A reference to communication with workers is a reference to communication with workers (including the provision of information to workers) by any means, whether directly or indirectly.

(6) The “access purposes” are—

(a) to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union);

(b) to facilitate collective bargaining.

(7) But the access purposes do not include organising industrial action.

(8) Sections 70ZB to 70ZF contain provision about entering into access agreements.

(9) Section 70ZG contains provision about the variation or revocation of access agreements.

(10) Sections 70ZH to 70ZK contain provision about the enforcement of access agreements.

(11) Section 70ZL contains general limitations on the provision that may be made under this Chapter, including in access agreements.

Entering into access agreements E+W+S

70ZB Access requests and response notices

(1) A qualifying trade union may give an employer a request for access by one or more officials of the union for any of the access purposes.

(2) A request under subsection (1)—

(a) may request access on one or more occasions;

(b) may include the terms on which access is requested (including as to what (if any) assistance the employer is requested to provide in relation to the access).

(3) A request under subsection (1) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(c) be given in the prescribed manner.

(4) An employer that has been given a request under subsection (1) may give the union a notice agreeing with the request or disagreeing with the request (in whole or in part).

(5) A notice under subsection (4) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(c) be given in the prescribed manner.

(6) In this Chapter—

• “access request” means a request under subsection (1) given in accordance with subsection (3);

• “response notice” means a notice under subsection (4) given in accordance with subsection (5).

70ZC Response period and negotiation period

In sections 70ZD and 70ZE—

(a) “the response period” means a prescribed period beginning with the day on which an access request is given;

(b) “the negotiation period” means a prescribed period beginning with the day on which a response notice is given.

70ZD Entering into access agreement by negotiation

(1) An access agreement is entered into under this section if—

(a) a qualifying trade union gives an access request to an employer,

(b) the employer gives the union a response notice before the end of the response period,

(c) before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and

(d) the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner.

(2) See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee.

70ZE Determinations by the Central Arbitration Committee

(1) This section applies if a qualifying trade union has given an access request to an employer and either—

(a) the employer has not given a response notice to the union before the end of the response period, or

(b) the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.

(2) The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.

(3) If the Central Arbitration Committee makes a determination that officials of the union are to have access—

(a) the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and

(b) an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.

(4) An application for a determination under this section may be made—

(a) by the union, in the case referred to in subsection (1)(a);

(b) by the union or the employer, in the case referred to in subsection (1)(b).

(5) An application for a determination under this section—

(a) must be in writing and in such form as the Central Arbitration Committee may require;

(b) may not be made after the end of a prescribed period beginning with the day on which the access request is given.

(6) In considering an application for a determination under this section, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the application;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.

(7) A determination under this section must—

(a) be in writing, and

(b) state the reasons for the determination.

(8) Section 70ZF makes further provision about determinations under this section.

70ZF Determinations by the Central Arbitration Committee: further provision

(1) Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.

(2) The access principles are—

(a) officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;

(b) an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;

(c) physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;

(d) communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;

(e) access should be refused entirely only where it is reasonable in all the circumstances to do so.

(3) The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—

(a) would not unreasonably interfere with an employer’s business;

(b) would constitute reasonable steps that an employer should take to facilitate access;

(c) it would be reasonable for a union to comply with.

(4) The Secretary of State may prescribe—

(a) circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;

(b) circumstances in which the Central Arbitration Committee must make such a determination.

(5) The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—

(a) the description of business carried on by the employer;

(b) the number of workers employed by the employer;

(c) the number of workers employed by the employer, or of a particular description, that are members of the union;

(d) a description of workplace;

(e) a description of workers;

(f) the ability of the employer to facilitate access;

(g) avoiding prejudice to the prevention or detection of offences;

(h) national security.

(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.

Variation and revocation of access agreements E+W+S

70ZG Variation and revocation of access agreements

(1) The parties to an access agreement may at any time vary or revoke the agreement.

(2) A variation or revocation of an access agreement must be in writing.

(3) An access agreement that is varied under this section continues to have effect as an access agreement for the purposes of this Chapter.

(4) The effect of an access agreement being revoked is that it ceases to be an access agreement for the purposes of this Chapter.

(5) A variation or revocation of an access agreement takes effect—

(a) only if the parties jointly notify the Central Arbitration Committee of the variation or revocation in the prescribed form and manner;

(b) only in respect of times after the day on which the Central Arbitration Committee is so notified.

Enforcement of access agreements E+W+S

70ZH Enforcement of access agreements: initial complaint

(1) A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—

(a) the other party has breached the agreement;

(b) a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.

(2) A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.

(3) On a complaint under subsection (1), the Central Arbitration Committee may—

(a) vary the agreement;

(b) make a declaration that the complaint is or is not well-founded;

(c) if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.

(4) An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.

(5) An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.

(6) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(7) For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.

70ZI Enforcement of access agreements: subsequent complaint

(1) This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.

(2) A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—

(a) that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;

(b) where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);

(c) that the person has breached an order under section 70ZH(3)(c).

(3) In subsection (2), “the relevant period” means the period of 12 months beginning with the date of the declaration.

(4) A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.

(5) On a complaint about a person under subsection (2), the Central Arbitration Committee may—

(a) make a declaration that the complaint is or is not well-founded;

(b) if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.

(6) An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.

(7) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(8) A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.

(9) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).

(10) For the purposes of this section, a reference to conduct includes a reference to a person not doing something.

70ZJ Power to make provision about amounts payable under section 70ZI

(1) The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—

(a) must be at least a prescribed amount;

(b) may not exceed a prescribed amount.

(2) An amount may be prescribed under subsection (1)(a) or (b)—

(a) as a fixed amount;

(b) by reference to one or more prescribed factors;

(c) as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.

(3) The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—

(a) the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);

(b) whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;

(c) whether the liable party is of a prescribed description;

(d) in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;

(e) in the case of a liable party that is an employer—

(i) the number of workers employed by the liable party, or

(ii) the number of workers of a prescribed description employed by the liable party;

(f) in the case of a liable party that is a trade union, the number of members that the liable party has.

(4) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).

70ZK Enforcement of access agreements: supplementary provision

(1) An access agreement—

(a) is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

(b) in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

(2) Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

(3) A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

(4) In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the complaint;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

(5) The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

General limitations on access agreements etc E+W+S

70ZL General limitations on access agreements etc

(1) Nothing in this Chapter requires or authorises any of the following (each, a “prohibited activity”)—

(a) physical entry by any person into a dwelling;

(b) a disclosure of personal data without the consent of the data subject;

(c) a disclosure of information that would contravene the data protection legislation (but, in determining whether a disclosure would do so, the provisions of this Chapter are to be taken into account).

(2) Accordingly—

(a) a term of an access agreement entered into under section 70ZD that requires or authorises a prohibited activity is of no effect for the purposes of this Chapter;

(b) the Central Arbitration Committee may not specify as a term of an access agreement under section 70ZE any term that would require or authorise a prohibited activity;

(c) the Central Arbitration Committee may not exercise any function under sections 70ZH to 70ZK so as to require or authorise a prohibited activity.

(3) In this section—

(a) “consent” has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);

(b) “personal data”, “data subject”, “the data protection legislation” and “the UK GDPR” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Appeals to the Employment Appeal Tribunal E+W+S

70ZM Appeals to the Employment Appeal Tribunal

(1) An appeal lies to the Employment Appeal Tribunal on any question of law arising from any determination, declaration or order of, or arising in any proceedings before, the Central Arbitration Committee under this Chapter.

(2) Where the Central Arbitration Committee makes an order under section 70ZI(5)(b) for a person to pay an amount to the Central Arbitration Committee, the person may appeal against the order.

(3) On an appeal under subsection (2), the Employment Appeal Tribunal may—

(a) quash the order;

(b) make an order requiring the person to pay a reduced amount to the Central Arbitration Committee;

(c) dismiss the appeal.

(4) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (3)(b).

Regulations E+W+S

70ZN Regulations under this Chapter

Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.”

(3) In section 263 (proceedings of the Central Arbitration Committee)—

(a) in subsection (4), omit “or, in Scotland, an oversman”;

(b) after subsection (6) insert—

“(6A) In relation to the discharge of the Committee’s functions under section 70ZE—

(a) section 263ZA and subsection (6) apply, and

(b) subsections (1) to (5) do not apply.”;

(c) in subsection (7), before “Schedule A1” insert “section 70ZH or 70ZI or”;

(d) after subsection (7) insert—

“(8) The reference in subsection (7) to the Committee’s functions under Schedule A1 does not include a reference to its functions under paragraph 166 of that Schedule.”

(4) After section 263 insert—

“263ZA Proceedings of the Committee under section 70ZE

(1) For the purpose of discharging its functions under section 70ZE in any particular case, the Central Arbitration Committee is to consist of—

(a) one member of the Committee, or

(b) a panel of three members of the Committee,

as the chairman of the Committee may direct.

(2) In deciding what direction to make under subsection (1), the chairman of the Committee must have regard to the complexity of the case, with a view to directing that the Committee is to consist of one member only in cases which the chairman considers are less complex.

(3) For those purposes, the chairman must in particular—

(a) consider whether any terms proposed as terms on which officials of a qualifying trade union are to have access are prescribed under section 70ZF(3), and

(b) consider whether, if any of those terms are so prescribed, that fact reduces the complexity of the case, having regard to any other terms so proposed.

(4) In subsection (3), “qualifying trade union” and “access” have the same meaning as in Chapter 5ZA of Part 1 (see section 70ZA).

(5) The chairman of the Committee may amend a direction under subsection (1) at any time.

(6) If a direction under subsection (1) is amended—

(a) the amendment does not affect anything done by the Committee before the amendment;

(b) anything done by the Committee before the amendment is to be treated as having been done by the Committee as it is constituted after the amendment.

(7) If the Committee consists of one member of the Committee—

(a) the member is to be appointed by the chairman of the Committee;

(b) the member is not required to be the chairman or a deputy chairman of the Committee;

(c) the member may at the member’s discretion sit in private where it appears expedient to do so.

(8) If the Committee consists of a panel of three members of the Committee—

(a) the panel is to be appointed by the chairman of the Committee;

(b) the panel is to consist of the following members—

(i) the chairman or a deputy chairman of the Committee;

(ii) a member of the Committee whose experience is as a representative of employers;

(iii) a member of the Committee whose experience is as a representative of workers;

(c) the panel is to be chaired by the chairman or the deputy chairman of the Committee;

(d) the panel may at the discretion of its chairman sit in private where it appears expedient to do so.

(9) If—

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel have the same opinion,

the question is to be decided according to that opinion.

(10) If—

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel do not have the same opinion,

the chairman of the panel may decide the question acting with the full powers of an umpire.

(11) Subject to the provisions of this section, the Committee may determine its own procedure.”

(5) In section 263A (proceedings of the Central Arbitration Committee under Schedule A1)—

(a) for the heading substitute “Proceedings of the Committee: other special cases”;

(b) in subsection (1), for “under Schedule A1” substitute “in relation to which this section applies (see section 263(7))”;

(c) in subsection (6), omit “or, in Scotland, an oversman”;

(d) omit subsection (8).

(6) In section 264 (awards of the Central Arbitration Committee)—

(a) in the heading, after “Awards” insert “etc”;

(b) in subsection (1), after “award,” insert “in any determination, declaration, order or other decision of the Committee under Chapter 5ZA of Part 1,”;

(c) after subsection (2) insert—

“(2A) Subsection (2) does not apply in relation to Chapter 5ZA of Part 1.”

(7) In Schedule 1 to the Employment Relations Act 2004 (minor and consequential amendments), omit paragraph 15.

Commencement Information

I99 S. 59 not in force at Royal Assent, see s. 159(3)

I100 S. 59(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(19)(a)

I101 S. 59(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(19)(b)

Trade union recognition E+W+S

60 Trade union recognition E+W+S

Schedule 6 amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition).

Commencement Information

I102 S. 60 not in force at Royal Assent, see s. 159(3)

I103 S. 60 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(20)

Trade union finances E+W+S

61 Political funds: requirement to pass political resolution E+W+S

In section 73 of the Trade Union and Labour Relations (Consolidation) Act 1992 (passing and effect of political resolution)—

(a) omit subsection (3);

(b) in subsection (4), for “before the end of that period” substitute “a political resolution (“the old resolution”) is in force and”.

Commencement Information

I104 S. 61 in force at 18.2.2026, see s. 159(2)(a)

62 Requirement to contribute to political fund E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.

(3) For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—

“84 Contributors to political fund

(1) For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).

(2) An “opt-out notice” is a notice that the member opts out of being a contributor.

(3) An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.

(4) In subsection (3), “the relevant day” means—

(a) in a case where—

(i) a political resolution is passed on a ballot held at a time when no such resolution is in force, and

(ii) the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,

the day on which the opt-out notice is given;

(b) in any other case, the earlier of—

(i) a day specified in, or determined in accordance with, the rules of the union, and

(ii) 1 January in the year following the year in which the opt-out notice is given.

(5) A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).

(6) A member of a trade union may give an opt-out notice or a withdrawal notice—

(a) by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;

(b) by sending it by email to an address that the union has told its members can be used for sending such notices;

(c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;

(d) by such other electronic means as may be prescribed.

(7) The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i).

(8) The Secretary of State—

(a) may from time to time revise guidance published under subsection (7);

(b) must publish any revisions of that guidance.

84A Opt-out information notices

(1) A trade union must give an opt-out information notice to each member of the union—

(a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b) within the period of eight weeks beginning with the end of—

(i) the period of ten years beginning with the day on which a political resolution is passed, and

(ii) each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2) An “opt-out information notice” is a notice stating that—

(a) each member of the union has the right not to be a contributor to the political fund of the union, and

(b) a member may exercise that right by giving an opt-out notice under section 84.

(3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a) the opt-out information notice, or

(b) if there is more than one form of opt-out information notice, each form of notice.

(6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit;

(b) must give the union and the member making the complaint an opportunity to make written representations;

(c) may give the union and the member making the complaint an opportunity to make oral representations.

(9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.”

(4) In section 86 (employer not to deduct contributions where member gives certificate), in subsection (1), for “, he is not a contributor to the fund,” substitute “—

(a) the member is not a contributor to the fund, or

(b) the member has given the union an opt-out notice but it does not yet have effect,”.

(5) In section 94 (overseas members of trade union)—

(a) in subsection (1), at the end of paragraph (a) insert “, and

(b) rules made by the union for the purpose of complying with section 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members.”;

(b) in subsection (2), after “rules” insert “; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members.”

(6) In section 299 (index of defined expressions), in the entry for “contributor”, for “84(5)” substitute “84(1)”.

(7) In consequence of the amendments made by subsections (2) to (6), in the Trade Union Act 2016—

(a) in section 11, omit subsections (1), (2) and (5) to (8);

(b) in Schedule 4—

(i) in paragraph 7, omit sub-paragraph (3);

(ii) omit paragraph 9.

Commencement Information

I105 S. 62 in force at 18.2.2026, see s. 159(2)(b) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 4)

63 Deduction of trade union subscriptions from wages in public sector E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) omit section 116B (restriction on deduction of union subscriptions from wages in public sector) and the italic heading before it;

(b) in section 296 (meaning of “worker” and related expressions), in subsection (3), omit “116B(10),”.

(2) In consequence of the amendments made by subsection (1), omit section 15 of the Trade Union Act 2016.

Commencement Information

I106 S. 63 in force at 18.2.2026, see s. 159(2)(c) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 5)

Facilities provided to trade union representatives and members E+W+S

64 Facilities provided to trade union officials and learning representatives E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In section 168 (time off for carrying out trade union duties)—

(a) after subsection (3) insert—

“(3A) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for carrying out the duties or undergoing the training for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.”;

(b) for subsection (4) substitute—

“(4) An employee may present a complaint to an employment tribunal that the employer has failed—

(a) to permit the employee to take time off, or

(b) to provide the employee with facilities,

as required by this section.

(5) On a complaint under subsection (4)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.”

(3) In section 168A (time off for union learning representatives)—

(a) after subsection (8) insert—

“(8A) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities for the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.”;

(b) for subsection (9) substitute—

“(9) An employee may present a complaint to an employment tribunal that the employer has failed—

(a) to permit the employee to take time off, or

(b) to provide the employee with facilities,

as required by this section.

(10) On a complaint under subsection (9)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.”

(4) In section 172 (remedies), in subsection (2), omit “in failing to permit time off to be taken by the employee”.

(5) In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after “time off” insert “and facilities”.

(6) In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a), after “time off” insert “and facilities”.

(7) In section 10 of the Employment Relations Act 1999 (right to be accompanied), in subsection (7), for “and (4)” substitute “, (4) and (5)”.

Commencement Information

I107 S. 64 not in force at Royal Assent, see s. 159(3)

I108 S. 64 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(21)

65 Facilities for equality representatives E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (10).

(2) After section 168A insert—

“168B Time off for union equality representatives

(1) An employer must permit an employee who is—

(a) a member of an independent trade union recognised by the employer, and

(b) an equality representative of the trade union,

to take time off during the employee’s working hours for any of the following purposes.

(2) The purposes are—

(a) carrying out activities for the purpose of promoting the value of equality in the workplace;

(b) arranging learning or training on matters relating to equality in the workplace;

(c) providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace;

(d) consulting with the employer on matters relating to equality in the workplace;

(e) obtaining and analysing information relating to equality in the workplace;

(f) preparing for any of the things mentioned in paragraphs (a) to (e).

(3) Subsection (1) applies only if—

(a) the trade union has given the employer notice in writing that the employee is an equality representative of the union, and

(b) the training condition is met in relation to the employee.

(4) The training condition is met if—

(a) the employee has undergone sufficient training to enable the employee to carry on activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,

(b) the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or

(c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.

(5) Only one notice under subsection (4)(b) may be given in respect of any one employee.

(6) References in subsection (4) to sufficient training to carry out activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(7) If an employer is required to permit an employee to take time off under subsection (1), the employer must also permit the employee to take time off during the employee’s working hours for the following purposes—

(a) undergoing training which is relevant to the employee’s functions as an equality representative, and

(b) where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).

(8) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(9) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities in relation to the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.

(10) An employee may present a complaint to an employment tribunal that the employer has failed—

(a) to permit the employee to take time off, or

(b) to provide the employee with facilities,

as required by this section.

(11) On a complaint under subsection (10)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.

(12) For the purposes of this section—

(a) a person is an equality representative of a trade union if the person is appointed or elected as such in accordance with its rules;

(b) “equality”, in relation to a workplace, means—

(i) the elimination of discrimination, harassment and victimisation, each of which is to be read in accordance with the Equality Act 2010, and of any other conduct that is prohibited by or under that Act;

(ii) the advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(iii) the fostering of good relations between persons who share a relevant protected characteristic and persons who do not share it;

(c) “relevant protected characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;

(d) a reference to qualifying members of the trade union is a reference to members of the trade union—

(i) who are employees of the employer of a description in respect of which the union is recognised by the employer, and

(ii) in relation to whom it is the function of the equality representative to act as such.”

(3) In section 169 (payment for time off)—

(a) in the heading, for “section 168” substitute “sections 168 to 168B”;

(b) in subsection (1), for “or 168A” substitute “, 168A or 168B”.

(4) In section 170 (time off for trade union activities)—

(a) in subsection (2A), after “learning representative” insert “or an equality representative”;

(b) in subsection (2B), after “learning representative” insert “or an equality representative”;

(c) in subsection (2C)—

(i) after “applies” insert “—

(a) in relation to a learning representative,”;

(ii) at the end insert—

“(b) in relation to an equality representative, if the equality representative would be entitled to time off under subsection (1) of section 168B for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.”;

(d) in subsection (5)—

(i) in paragraph (a), after “learning representative” insert “or an equality representative”;

(ii) omit the “and” at the end of paragraph (a);

(iii) after paragraph (b) insert “, and

(c) a person who is an equality representative of a trade union acts as such if the person carries on the activities mentioned in section 168B(2) in that capacity.”

(5) In section 171 (time off: time limit for proceedings), in subsection (1), after “168A,” insert “168B,”.

(6) In section 172 (time off: remedies), in subsection (1), after “168A” insert “, 168B”.

(7) In section 173 (interpretation and other supplementary provisions)—

(a) in subsection (1), after “168A” insert “, 168B”;

(b) in subsection (2), after “168A,” insert “168B,”;

(c) in subsection (3), after “168A” insert “or 168B”.

(8) In section 199 (issue of Codes of Practice by ACAS), in subsection (1), after “learning representatives” insert “or equality representatives”.

(9) In section 200 (procedure for issue of Code by ACAS), in subsection (3)—

(a) omit the “or” at the end of paragraph (b);

(b) after paragraph (b) insert—

“(ba) on the time off and facilities to be permitted to a trade union equality representative in accordance with section 168B (time off for training and carrying out functions as an equality representative),

(bb) on the training that is sufficient to enable a trade union equality representative to carry on the activities mentioned in section 168B(2) (activities for which time off is to be permitted), or”.

(10) In section 203 (issue of Codes of Practice by Secretary of State), in subsection (1)(b), after “learning representatives” insert “or equality representatives”.

(11) In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), after “168A,” insert “168B,”.

(12) In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), after “168A,” insert “168B,”.

Commencement Information

I109 S. 65 not in force at Royal Assent, see s. 159(3)

I110 S. 65 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(22)

66 Facility time: publication requirements and reserve powers E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) omit section 172A (publication requirements in relation to facility time);

(b) omit section 172B (reserve powers in relation to facility time).

(2) In consequence of the amendments made by subsection (1), omit sections 13 and 14 of the Trade Union Act 2016.

Commencement Information

I111 S. 66 in force at 18.2.2026, see s. 159(2)(d) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 6)

Blacklists E+W+S

67 Blacklists: additional powers E+W+S

(1) Section 3 of the Employment Relations Act 1999 (blacklists) is amended as follows.

(2) In subsection (1)(b), omit “by employers or employment agencies”.

(3) After subsection (2) insert—

“(2A) The Secretary of State may make regulations prohibiting—

(a) the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;

(b) the sale or supply of such lists with a view to being used for those purposes.”

(4) In subsection (3)—

(a) before paragraph (a) insert—

“(za) make provision for a person who causes another person to do something to be treated as doing that thing;”;

(b) in paragraph (e), after “subsection (1)” insert “or (2A)”.

Commencement Information

I112 S. 67 in force at 18.2.2026, see s. 159(2)(e)

Industrial action: ballots E+W+S

Prospective

68 Industrial action ballots: turnout threshold E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).

(2) In section 226 (requirement of ballot before action by trade union), in subsection (2)(a)—

(a) insert “and” at the end of sub-paragraph (ii);

(b) omit sub-paragraph (iia) (and the “and” after it).

(3) In section 231 (information for members as to result of ballot)—

(a) omit paragraph (a);

(b) insert “and” at the end of paragraph (d);

(c) for paragraph (e) (and the “and” after it) substitute—

“(e) the number of spoiled voting papers.”;

(d) omit paragraph (f).

(4) Omit section 297A (meaning of “voting”).

(5) In section 299 (index of defined expressions), omit the entry for “voting”.

(6) In consequence of the amendments made by subsections (2) to (5)—

(a) in the Trade Union Act 2016—

(i) omit section 2;

(ii) in Schedule 4, omit paragraphs 12 and 17;

(b) in section 69 of this Act, omit subsection (3)(a).

Commencement Information

I113 S. 68 not in force at Royal Assent, see s. 159(3)

69 Industrial action ballots: support thresholds E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

(2) In section 226 (requirement of ballot before action by trade union)—

(a) in subsection (2)(a)(iii), for “the required number of persons (see subsections (2A) to (2C))” substitute “the majority voting in the ballot”;

(b) omit subsections (2A) to (2F).

(3) In section 231 (information for members as to result of ballot)—

(a) insert “and” at the end of paragraph (e);

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

(4) In consequence of the amendments made by subsection (2), omit section 3 of the Trade Union Act 2016.

Commencement Information

I114 S. 69 in force at 18.2.2026, see s. 159(2)(f) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 7)

70 Industrial action ballots: information to be included in notices to employers E+W+S

In section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice of ballot and sample voting paper for employers)—

(a) in subsection (2)(c)—

(i) in sub-paragraph (i), for the words from “figures” (in the first place it occurs) to “arrived at” substitute “number mentioned in subsection (2B)”;

(ii) in sub-paragraph (ii), for “figures and that explanation” substitute “that number”;

(b) for subsection (2B) substitute—

“(2B) The number is the total number of employees concerned.”;

(c) in subsection (2C)—

(i) in paragraph (b), omit the words from “and the number” to “categories”;

(ii) in paragraph (c), omit the words from “and the number” to “workplaces”;

(d) in subsection (2D), for “figures” substitute “the number”.

Commencement Information

I115 S. 70 in force at 18.2.2026, see s. 159(2)(g)

71 Industrial action ballots: information to be included on voting paper E+W+S

(1) In section 229 of the Trade Union and Labour Relations (Consolidation) Act 1992 (information to be included on voting paper), omit subsections (2B) to (2D).

(2) In consequence of the amendment made by subsection (1), omit section 5 of the Trade Union Act 2016.

Commencement Information

I116 S. 71 in force at 18.2.2026, see s. 159(2)(h) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 8)

72 Period after which industrial action ballot ceases to be effective E+W+S

In section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992 (period after which industrial action ballot ceases to be effective), in subsection (1), for the words from “period” to the end substitute “period of 12 months beginning with the date of the ballot”.

Commencement Information

I117 S. 72 in force at 18.2.2026, see s. 159(2)(i) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 9)

73 Electronic balloting E+W+S

(1) In the Trade Union Act 2016, omit section 4 (provision for electronic balloting for industrial action: review and piloting scheme).

(2) Subsection (1) 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).

Commencement Information

I118 S. 73 in force at 18.2.2026, see s. 159(2)(j)

Notice to employers of industrial action E+W+S

74 Notice to employers of industrial action E+W+S

(1) In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice to employers of industrial action)—

(a) in subsection (3B), omit paragraph (b) (but not the “and” after it);

(b) in subsection (3C)(b), omit the words from “and the number” to “categories”;

(c) in subsection (4), for paragraph (b) and the words after paragraph (b) substitute—

“(b) ending with the tenth day before the day, or before the first of the days, specified in the relevant notice.”

(2) In consequence of the amendment made by subsection (1)(c), omit section 8 of the Trade Union Act 2016.

Commencement Information

I119 S. 74 in force at 18.2.2026, see s. 159(2)(k) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 10)

Industrial action: picketing E+W+S

75 Union supervision of picketing E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) in section 219 (protection from certain tort liabilities), in subsection (3), for the words from “unless” to the end substitute “unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing)”;

(b) omit section 220A (union supervision of picketing).

(2) In consequence of the amendments made by subsection (1), omit section 10 of the Trade Union Act 2016.

Commencement Information

I120 S. 75 in force at 18.2.2026, see s. 159(2)(l)

Protection for taking industrial action E+W+S

76 Protection against detriment for taking industrial action E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

(2) In Part 5 (industrial action), after section 236 insert—

“Protection against detriment E+W+S

236A Detriment on grounds of industrial action

(1) A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so.

(2) For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort.

(3) But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place.

(4) Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description).

(5) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239).

(6) A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section.

(7) A worker or former worker has no other remedy for infringement of the right conferred by this section.

(8) In this section and sections 236B to 236D—

• “employer” means—

  (a)

  in relation to a worker, the person for whom the worker works;

  (b)

  in relation to a former worker, the person for whom the former worker worked;

• “worker” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);

• “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

236B Time limit for proceedings

(1) An employment tribunal may not consider a complaint under section 236A unless it is presented—

(a) before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2) For the purposes of subsection (1)—

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

(b) a failure to act is to be treated as done when it was decided on.

(3) For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—

(a) when the employer does an act inconsistent with doing the failed act, or

(b) if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

236C Consideration of complaint

On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.

236D Remedies

(1) Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.

(2) The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure.

(3) The loss is to be taken to include—

(a) any expenses reasonably incurred by the complainant in consequence of the act or failure, and

(b) loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure.

(4) In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland.

(5) Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.”

(3) In section 296 (meaning of “worker”), in subsection (3), for “and 151(1B)” substitute “, 151(1B) and 236A(8)”.

(4) In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), for “or 192” substitute “, 192 or 236A”.

(5) In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), for “and 170” substitute “, 170 and 236A”.

Commencement Information

I121 S. 76 not in force at Royal Assent, see s. 159(3)

I122 S. 76(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(23)(a)

I123 S. 76(1)(2) in force at 18.2.2026 in so far as not already in force by S.I. 2026/3, reg. 3(7)

I124 S. 76(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(23)(b)

I125 S. 76(3)-(5) in force at 18.2.2026 by S.I. 2026/3, reg. 3(7)

77 Protection against dismissal for taking industrial action E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (4).

(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.

(3) In section 238A (protection for employees taking part in official industrial action)—

(a) in subsection (2), omit paragraph (b) (and the “and” before it);

(b) omit subsections (3) to (7D);

(c) omit subsection (9).

(4) Omit section 238B (conciliation and mediation: supplementary provisions).

(5) In consequence of the amendments made by subsections (2) to (4), in the Employment Relations Act 2004—

(a) omit section 26 (dismissal where employees locked out);

(b) omit section 27 (date of dismissal);

(c) omit section 28 (dismissal after end of protected period);

(d) in Schedule 1 (minor and consequential amendments), omit paragraph 13.

Commencement Information

I126 S. 77 not in force at Royal Assent, see s. 159(3)

I127 S. 77 in force at 18.2.2026 by S.I. 2026/3, reg. 3(8) (with Sch. 2 para. 11)

Strikes: minimum service levels E+W+S

78 Repeal of provision about minimum service levels E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, omit sections 234B to 234G (minimum service levels for certain services).

(2) Accordingly, in that Act—

(a) in section 219 (protection from tort liabilities), in subsection (4), for the words from “to”, in the first place it occurs, to “steps);” substitute “to—

(a) sections 222 to 225 (action excluded from protection),

(b) section 226 (requirement of ballot before action by trade union), and

(c) section 234A (requirement of notice to employer of industrial action);”;

(b) in section 234A (notice to employers of industrial action), in subsection (3)—

(i) at the end of paragraph (a), insert “and”;

(ii) omit paragraph (ba) and the “and” before it;

(c) omit the italic heading before section 234B;

(d) for the italic heading before section 235 substitute “Sections 226 to 234A: meaning of “contract of employment””;

(e) in section 235 (construction of references to contract of employment)—

(i) in the heading, at the end insert “in sections 226 to 234A”;

(ii) for “to 234G” substitute “to 234A”;

(f) in section 238A (unfair dismissal: participation in official industrial action)—

(i) in subsection (2), insert “and” at the end of paragraph (a) and omit paragraph (aa) (and the “and” after it);

(ii) for subsection (9) substitute—

“(9) In this section “date of dismissal” has the meaning given by section 238(5).”;

(g) in section 246 (minor definitions), for “where section 229(2A) applies (see that section and 234G(2))” substitute “for the purposes of section 229(2) (see section 229(2A))”;

(h) in section 299 (index of defined expressions)—

(i) in the entry for “contract of employment”, for “234G” substitute “234A”;

(ii) in the entry for “not protected”, for “, 234A and 234E” substitute “and 234A”;

(iii) omit the entries for “minimum service regulations (in Part 5)”, “relevant service (in Part 5)” and “work notice (in Part 5)”.

(3) The Strikes (Minimum Service Levels) Act 2023 is repealed.

Commencement Information

I128 S. 78 in force at Royal Assent, see s. 159(1)(c)

Certification Officer E+W+S

79 Annual returns: removal of provision about industrial action E+W+S

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 32ZA (details of industrial action etc to be included in annual return).

(2) In consequence of the amendment made by subsection (1), omit section 7 of the Trade Union Act 2016.

Commencement Information

I129 S. 79 not in force at Royal Assent, see s. 159(3)

I130 S. 79 in force at 18.2.2026 by S.I. 2026/3, reg. 3(9) (with savings and transitional provisions in Sch. 2 para. 12)

80 Annual returns: removal of provision about political expenditure E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) Omit section 32ZB (details of political expenditure to be included in annual return).

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 131 (administrative provisions applying to employers’ associations), in subsection (1), omit “, section 32ZB”.

(6) In section 135 (federated employers’ associations), in subsection (3), omit “, section 32ZB”.

(7) In consequence of the amendments made by subsections (2) to (6), omit section 12 of the Trade Union Act 2016.

Textual Amendments

F1 S. 80(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(b), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14)

F2 S. 80(4) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(b), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14)

Commencement Information

I131 S. 80 in force at 18.2.2026, see s. 159(2)(m) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 13)

81 Removal of powers to enforce requirements relating to annual returns E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).

(2) Omit section 32ZC (enforcement of sections 32ZA and 32ZB).

(3) In section 45 (rights of union members: offences), in subsection (1), for the words from “section 32” to “sections 32A” substitute “sections 32”.

(4) In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “, 32ZC”.

(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) to (5)—

(a) omit section 18 of the Trade Union Act 2016;

(b) in section 80 of this Act, omit subsections (3) and (4).

Commencement Information

I132 S. 81 not in force at Royal Assent, see s. 159(3)

I133 S. 81 in force at 18.2.2026 by S.I. 2026/3, reg. 3(10) (with savings and transitional provisions in Sch. 2 para. 14)

82 Removal of investigatory powers E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

(2) In section 25 (duties with respect to register of members’ names and addresses: remedies), omit subsection (6A).

(3) In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “or paragraph 5 of Schedule A3”.

(4) In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “or under paragraph 5 of Schedule A3”.

(5) Omit section 256C (investigatory powers).

(6) Omit Schedule A3 (Certification Officer: investigatory powers).

(7) In consequence of the amendments made by subsections (2) to (6)—

(a) in section 43 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, omit subsection (4);

(b) in the Trade Union Act 2016—

(i) in section 17, omit subsections (1) and (2);

(ii) omit Schedule 1;

(iii) in Schedule 4, omit paragraphs 2 and 3(b).

Commencement Information

I134 S. 82 in force at 18.2.2026, see s. 159(2)(n) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 15)

83 Powers to be exercised only on application E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (9).

(2) In section 45C (duty to secure union positions not held by certain offenders: remedies and enforcement)—

(a) in subsection (1), omit the words from “; but the Certification Officer” to the end;

(b) in subsection (2A)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(3) In section 54 (elections for union positions: remedies), in subsection (1), omit the words after paragraph (b).

(4) In section 55 (elections for union positions: powers of Certification Officer)—

(a) in the heading, for “Powers of” substitute “Application to”;

(b) in subsection (1)—

(i) omit “, either”;

(ii) omit paragraph (b) and the “or” before it;

(c) in subsection (2)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(5) In section 72A (application of funds in breach of section 71: remedies)—

(a) in subsection (1), omit the words from “; but the Certification Officer” to the end;

(b) in subsection (2A)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(6) In section 79 (remedy for failure to comply with political ballot rules), in subsection (1), omit the words from “; but the Certification Officer” to the end.

(7) In section 80 (remedy for failure to comply with political ballot rules: powers of Certification Officer)—

(a) in the heading, for “Powers of” substitute “Application to”;

(b) in subsection (1)—

(i) omit “either”;

(ii) omit “or without any such application having been made”;

(c) in subsection (2)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(8) In section 82 (rules as to political fund)—

(a) in subsection (2), omit the words from “; but the Officer” to the end;

(b) in subsection (3)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(9) In section 103 (passing of amalgamation or transfer resolution: powers of Certification Officer)—

(a) in the heading, for “Powers of” substitute “Complaint to”;

(b) in subsection (1), omit the words from “; but the Officer” to the end;

(c) in subsection (3A)—

(i) in paragraph (b), omit “(if any)”;

(ii) in paragraph (c), omit “(if any)”.

(10) In consequence of the amendments made by subsections (2) to (9), in the Trade Union Act 2016—

(a) in section 17(3), for the words from “to enable the Certification Officer” to “the Officer” substitute “in relation to the powers of the Certification Officer”;

(b) in Schedule 2—

(i) in the heading of the Schedule, omit “without application”;

(ii) in paragraph 3, omit sub-paragraph (2);

(iii) in paragraph 6, omit sub-paragraph (2).

Commencement Information

I135 S. 83 in force at 18.2.2026, see s. 159(2)(o) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 16)

84 Removal of power to impose financial penalties E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

(2) Omit section 256D (power to impose financial penalties).

(3) Omit Schedule A4 (Certification Officer: power to impose financial penalties).

(4) In consequence of the amendments made by subsections (2) and (3), in the Trade Union Act 2016—

(a) in section 19, omit subsections (1) to (3);

(b) omit Schedule 3.

Commencement Information

I136 S. 84 in force at 18.2.2026, see s. 159(2)(p) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 17)

Prospective

85 Removal of power to impose levy E+W+S

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

(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) and (3), omit section 20 of the Trade Union Act 2016.

Commencement Information

I137 S. 85 not in force at Royal Assent, see s. 159(3)

86 Appeals to the Employment Appeal Tribunal E+W+S

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

(2) In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), after “question” insert “of law”.

(3) In section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55), after “question” insert “of law”.

(4) In section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1), after “question” insert “of law”.

(5) In section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103), after “question” insert “of law”.

(6) In section 108C (appeal from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1), after “question” insert “of law”.

Commencement Information

I138 S. 86 in force at 18.2.2026, see s. 159(2)(q) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 18)

General E+W+S

87 Employment outside Great Britain E+W+S

In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

(a) in subsection (1), before “works” insert “ordinarily”;

(b) in subsection (1A), before “works” insert “ordinarily”.

Commencement Information

I139 S. 87 in force at 18.2.2026, see s. 159(2)(r)

88 Regulations subject to affirmative resolution procedure E+W+S

In section 293 of the Trade Union and Labour Relations (Consolidation) Act 1992 (regulations), for subsection (3) substitute—

“(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations to which subsection (5) applies (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(5) This subsection applies to regulations prescribing anything for the purposes of—

(a) section 70ZC (access agreements: response period and negotiation period);

(b) section 70ZE (access agreements: period to make application to Central Arbitration Committee);

(c) section 70ZF (access agreements: determinations by Central Arbitration Committee);

(d) section 70ZJ (enforcement of access agreements: amounts payable for breach);

(e) section 236A (detriment for taking industrial action).

(6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I140 S. 88 not in force at Royal Assent, see s. 159(3)

I141 S. 88 in force at 6.1.2026 by S.I. 2026/3, reg. 2(24)

89 Devolved Welsh authorities E+W+S

In consequence of provision made by this Part—

(a) in the Trade Union and Labour Relations (Consolidation) Act 1992—

(i) omit section 297B (devolved Welsh authorities);

(ii) in section 299 (index of defined expressions), omit the entry for “devolved Welsh authority”;

(b) in the Trade Union (Wales) Act 2017 (anaw 4), omit section 1 (amendments to the Trade Union and Labour Relations (Consolidation) Act 1992).

Commencement Information

I142 S. 89 in force at 18.2.2026, see s. 159(2)(s)

Part 5 U.K. Enforcement of labour market legislation

General U.K.

90 Enforcement of labour market legislation by Secretary of State U.K.

(1) The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule 7 (but see also section 92).

(2) For the purposes of enabling the Secretary of State to perform that function, this Part confers powers on—

(a) the Secretary of State, and

(b) enforcement officers.

(3) In this Part “enforcement officer” means a person appointed by the Secretary of State under this section.

(4) The powers of an enforcement officer include power to exercise any of the Secretary of State’s enforcement functions, other than the function under subsection (1).

(5) Accordingly, in the case of the exercise by an enforcement officer of an enforcement function of the Secretary of State, any reference in an enactment to the Secretary of State in connection with that function is to be read as, or as including, a reference to that officer or any other enforcement officer.

(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) does not limit the Secretary of State’s powers under—

(a) section 116 (power to bring proceedings in employment tribunal), or

(b) section 117 (power to provide legal assistance).

(8) Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence.

Commencement Information

I143 S. 90 not in force at Royal Assent, see s. 159(3)

I144 S. 90(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(25)(a)

I145 S. 90(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(25)(b)

91 Enforcement functions of Secretary of State U.K.

(1) Any reference in this Part to an enforcement function of the Secretary of State is a reference to—

(a) any function of the Secretary of State under this Part,

(b) any function of the Secretary of State under any provision of relevant labour market legislation, or

(c) any other function of the Secretary of State that is exercisable for the purposes of enforcing any relevant labour market legislation.

(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;

(b) any function under section 92 (delegation of functions);

(c) any function under section 93 (Advisory Board);

(d) any function under section 94 or 95 (strategies and reports);

(e) any function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);

(f) any function under Part 1 of Schedule 11 (transfer schemes);

(g) any power to give directions or make subordinate legislation.

Commencement Information

I146 S. 91 not in force at Royal Assent, see s. 159(3)

I147 S. 91 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(26)

Prospective

92 Delegation of functions U.K.

(1) The Secretary of State may make arrangements with a public authority—

(a) for the authority to exercise any delegable function of the Secretary of State to the extent specified in the arrangements;

(b) for officers or other staff of the authority to be appointed as enforcement officers.

(2) The following functions are “delegable functions”—

(a) any enforcement function of the Secretary of State;

(b) any function of the Secretary of State by virtue of section 116 (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).

(3) Accordingly, in the case of the exercise of a function by a public authority in accordance with arrangements under this section, any reference in an enactment to the Secretary of State in connection with that function is to be read as a reference to that authority.

(4) Arrangements under this section may provide for payments to be made by the Secretary of State in respect of the performance of any function to which the arrangements relate.

(5) Arrangements under this section do not prevent the Secretary of State from performing a function to which the arrangements relate.

(6) In this section “public authority” means a person certain of whose functions are functions of a public nature.

Commencement Information

I148 S. 92 not in force at Royal Assent, see s. 159(3)

Prospective

Advisory Board U.K.

93 Advisory Board U.K.

(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(1).

(2) The Board is to consist of not fewer than nine members appointed by the Secretary of State.

(3) Each member of the Board is to hold and vacate office in accordance with the terms and conditions of the member’s appointment.

(4) The members of the Board must include an equal number of each of the following—

(a) persons appearing to the Secretary of State to represent the interests of trade unions;

(b) persons appearing to the Secretary of State to represent the interests of employers;

(c) persons appearing to the Secretary of State to be independent experts.

(5) For the purposes of subsection (4)(c) an “independent expert” is a person who—

(a) is not a person falling within paragraph (a) or (b) of subsection (4), and

(b) has expertise that is relevant to the Secretary of State’s function under section 90(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), 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 and 117 (powers in relation to civil proceedings).

Commencement Information

I149 S. 93 not in force at Royal Assent, see s. 159(3)

Prospective

Strategies and reports U.K.

94 Labour market enforcement strategy U.K.

(1) The Secretary of State must, before the beginning of each relevant three-year period (see subsection (6)), prepare and publish a labour market enforcement strategy for that period.

(2) A labour market enforcement strategy is a document that—

(a) sets out the Secretary of State’s assessment of—

(i) the scale and nature of non-compliance with relevant labour market legislation during the period of three years ending immediately before the strategy period, and

(ii) the likely scale and nature of such non-compliance during the strategy period,

(b) contains a proposal for the strategy period setting out how enforcement functions of the Secretary of State are to be exercised, and

(c) deals with any other matters which the Secretary of State considers appropriate.

(3) The Secretary of State—

(a) may, at any time during the strategy period, revise the labour market enforcement strategy, and

(b) must publish any revised labour market enforcement strategy.

(4) In preparing or revising a labour market enforcement strategy, the Secretary of State must consult the Advisory Board.

(5) The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of any strategy published under this section.

(6) In this section—

• “relevant three-year period” means—

  (a)

  the period of three years beginning with the next 1 April after the day on which this section comes into force;

  (b)

  each successive period of three years;

• “strategy period”, in relation to a labour market enforcement strategy, means the period to which the strategy relates.

Commencement Information

I150 S. 94 not in force at Royal Assent, see s. 159(3)

95 Annual reports U.K.

(1) As soon as reasonably practicable after the end of each financial year, the Secretary of State must prepare and publish an annual report for that year.

(2) The annual report must include the following—

(a) an assessment of the extent to which enforcement functions of the Secretary of State were exercised in accordance with the applicable strategy during the year;

(b) an assessment of the extent to which the applicable strategy had an effect on the scale and nature of non-compliance with relevant labour market legislation during the year.

(3) Before publishing an annual report under this section, the Secretary of State must consult the Advisory Board.

(4) The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of every annual report published under this section.

(5) In this section—

• “the applicable strategy”, in relation to a financial year, means any labour market enforcement strategy published under section 94 that has effect for that year;

• “financial year” means—

  (a)

  the period beginning with the day on which this section comes into force and ending with the following 31 March, and

  (b)

  each successive period of 12 months.

Commencement Information

I151 S. 95 not in force at Royal Assent, see s. 159(3)

Prospective

Powers to obtain documents or information U.K.

96 Power to obtain documents or information U.K.

(1) The Secretary of State may by notice require a person—

(a) to attend at a specified time and place and to provide information by answering questions;

(b) to provide specified information, or information of a specified description, by a specified date;

(c) to provide specified documents, or documents of a specified description, by a specified date.

In this subsection “specified” means specified in the notice.

(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)(a), the person is able to provide information which is necessary for any enforcement purpose;

(b) in the case of a requirement under subsection (1)(b) or (c)—

(i) it is necessary to obtain the information or document (as the case may be) for any enforcement purpose, and

(ii) the person is able to provide it.

(3) In this section “enforcement purpose” means—

(a) the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function;

(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)(c), the purpose of ascertaining whether the documents may be required as evidence in proceedings for any non-compliance with relevant labour market legislation.

Commencement Information

I152 S. 96 not in force at Royal Assent, see s. 159(3)

97 Power to enter premises in order to obtain documents, etc U.K.

(1) An enforcement officer may, for any enforcement purpose—

(a) enter any premises, and

(b) exercise any powers within subsection (2).

This is subject to section 98 (which provides that a warrant is necessary to enter a dwelling).

(2) The powers referred to in subsection (1)(b) are—

(a) to inspect or examine any documents on the premises;

(b) to require any person on the premises to produce any documents which the officer has reasonable grounds to believe are on the premises and within the person’s possession or control;

(c) to have access to, and check the operation of, any computer or other equipment used in connection with the processing or storage of any information or documents.

(3) The officer may only exercise a power conferred by this section at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

(4) An enforcement officer may seize any document produced, inspected or examined under this section.

(5) In this section—

• “enforcement purpose” means—

  (a)

  the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function;

  (b)

  the purpose of determining whether there has been any non-compliance with relevant labour market legislation;

  (c)

  the purpose of ascertaining whether there are documents on the premises which may be required as evidence in proceedings for any non-compliance with relevant labour market legislation;

• “equipment” includes software.

Commencement Information

I153 S. 97 not in force at Royal Assent, see s. 159(3)

98 Power to enter dwelling subject to warrant U.K.

(1) An enforcement officer may not by virtue of section 97 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—

(a) that the officer has reasonable grounds to believe that—

(i) there are documents in the dwelling which for any enforcement purpose the officer wishes to inspect, examine or seize, or

(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) is satisfied.

(3) The conditions are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the dwelling;

(b) that it is not practicable to communicate with any person entitled to grant access to the documents or equipment;

(c) that entry to the dwelling is unlikely to be granted unless a warrant is produced;

(d) that the purpose of entry may be frustrated or seriously prejudiced unless an enforcement officer arriving at the dwelling can secure immediate entry to it.

(4) In this section—

• “enforcement purpose” has the same meaning as in section 97;

• “justice” means—

  (a)

  in relation to England and Wales, a justice of the peace;

  (b)

  in relation to Scotland, a sheriff or summary sheriff;

  (c)

  in relation to Northern Ireland, a lay magistrate.

(5) For further provision about warrants under this section, see section 131 and Schedule 8.

Commencement Information

I154 S. 98 not in force at Royal Assent, see s. 159(3)

99 Supplementary powers in relation to documents U.K.

(1) A power conferred by section 96 or 97 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.

(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, or

(b) inspected, examined or produced under section 97.

Commencement Information

I155 S. 99 not in force at Royal Assent, see s. 159(3)

100 Retention of documents U.K.

(1) This section applies to any document which—

(a) is provided in response to a requirement under section 96, or

(b) is seized under section 97.

(2) The document may be retained so long as is necessary in all the circumstances and in particular—

(a) for use as evidence at a trial for a labour market offence, or

(b) for forensic examination or for investigation in connection with a labour market offence.

(3) No document may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.

Commencement Information

I156 S. 100 not in force at Royal Assent, see s. 159(3)

Prospective

Other powers to investigate non-compliance U.K.

101 Powers of enforcement officers under Police and Criminal Evidence Act 1984 U.K.

For provision enabling enforcement officers in England and Wales to exercise powers under the Police and Criminal Evidence Act 1984 in relation to the investigation of labour market offences, see section 114B of that Act.

Commencement Information

I157 S. 101 not in force at Royal Assent, see s. 159(3)

102 Offences relating to gangmasters: power to enter premises with warrant U.K.

(1) In this section—

(a) “relevant contravention” means a contravention of section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities), so far as it applies in relation to England and Wales and Scotland;

(b) references to an enforcement officer do not include an enforcement officer who is authorised by virtue of section 114B of the Police and Criminal Evidence Act 1984 to exercise any power under Part 2 of that Act in relation to a relevant contravention.

(2) If a justice is satisfied that there are reasonable grounds for an enforcement officer to enter relevant premises for the purpose of determining whether there has been a relevant contravention, and is also satisfied—

(a) that admission to the premises has been refused, or that a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier,

(b) that an application for admission, or the giving of such a notice, would defeat the object of the entry,

(c) that the case is one of extreme urgency, or

(d) that the premises are unoccupied or the occupier is temporarily absent,

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) 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(2) or (4),

(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)(d) 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)(d) 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—

• “justice” means—

  (a)

  in relation to England and Wales, a justice of the peace;

  (b)

  in relation to Scotland, the sheriff, a summary sheriff or a justice of the peace;

• “relevant premises” means any premises which an enforcement officer has reasonable grounds to believe are—

  (a)

  premises where a person acting as a gangmaster, or a person supplied with workers or services by a person acting as a gangmaster, carries on business, or

  (b)

  premises which such a person uses in connection with the person’s business;

• “worker” has the same meaning as in the Gangmasters (Licensing) Act 2004 (see section 26 of that Act).

(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 and Schedule 8.

Commencement Information

I158 S. 102 not in force at Royal Assent, see s. 159(3)

Notices of underpayment U.K.

103 Power to give notice of underpayment U.K.

(1) Where it appears to the Secretary of State that—

(a) on any day (“the relevant day”), a sum in respect of—

(i) one or more periods ending before the relevant day, or

(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)), and

(b) any period for payment of that sum to be made has ended without the sum having been paid to the underpaid individual,

the Secretary of State may give a notice of underpayment to the liable party.

(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.

(3) Subsection (1) is subject to—

(a) subsection (6), and

(b) section 105 (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 (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 (power to bring proceedings in employment tribunal), and

(b) the proceedings have not been finally determined or discontinued.

(7) In this Part “statutory pay provision” means a provision of relevant labour market legislation that—

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

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

Commencement Information

I159 S. 103 not in force at Royal Assent, see s. 159(3)

I160 S. 103(1)(2)(7) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(27)

104 Calculation of the required sum U.K.

(1) For the purposes of section 103(2), 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) apply, the sum determined in accordance with the regulations.

This is subject to subsection (4).

(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) 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) “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.

Commencement Information

I161 S. 104 not in force at Royal Assent, see s. 159(3)

I162 S. 104 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(28)

Prospective

105 Period to which notice of underpayment may relate U.K.

(1) A notice of underpayment may not relate to any sum that became due under or by virtue of a statutory pay provision before the beginning of the claim period.

(2) The “claim period”, in relation to a notice of underpayment, is the period of six years ending with the day on which the notice is given.

(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)—

(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) 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) 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(3) (claim period for replacement notices of underpayment).

Commencement Information

I163 S. 105 not in force at Royal Assent, see s. 159(3)

Prospective

106 Notices of underpayment: further provision U.K.

(1) Where a notice of underpayment relates to more than one underpaid individual, the notice may identify the individuals by name or by description.

(2) A notice of underpayment must specify, for each underpaid individual to whom it relates—

(a) the relevant day in relation to the individual;

(b) the sum due to the individual on that day and how that sum was calculated;

(c) the period or periods, or event or events, in respect of which it was due;

(d) the statutory pay provision under or by virtue of which it was due;

(e) the fact that any period for payment of that sum to be made ended without the sum having been paid;

(f) the required sum in respect of the individual and (if different from the sum mentioned in paragraph (b)) how that sum was calculated.

Commencement Information

I164 S. 106 not in force at Royal Assent, see s. 159(3)

Prospective

107 Penalties for underpayment U.K.

(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(1) (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) and (5) (but see subsection (6)).

(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(2)(b)).

(5) But if the amount determined under subsection (4) 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) 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—

(a) so as to substitute a different percentage for a percentage for the time being specified in this section;

(b) so as to substitute a different amount for an amount for the time being specified in this section;

(c) so as to specify different percentages or amounts for different purposes.

(8) Regulations under subsection (7) are subject to the affirmative resolution procedure.

Commencement Information

I165 S. 107 not in force at Royal Assent, see s. 159(3)

108 Further provision about penalties U.K.

(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) may be amended or revoked by a further direction.

(3) A notice of underpayment that imposes a requirement to pay a penalty must—

(a) specify the amount of the penalty,

(b) state how that amount was calculated, and

(c) specify the date by which the penalty must be paid.

(4) In a case where a notice of underpayment imposes a requirement on a person to pay a penalty, if the person, before the end of the period of 14 days beginning with the day on which the notice is given—

(a) pays (or has paid) the required sum specified in the notice of underpayment, and

(b) pays at least half the penalty,

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 is to be paid into the Consolidated Fund.

Commencement Information

I166 S. 108 not in force at Royal Assent, see s. 159(3)

I167 S. 108(1)(2) in force at 6.1.2026 by S.I. 2026/3, reg. 2(29)

Prospective

109 Suspension of penalty where criminal proceedings have been brought, etc U.K.

(1) Subsection (3) 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

(b) it appears to the Secretary of State that—

(i) relevant criminal proceedings have been brought, or

(ii) relevant criminal proceedings may be brought.

(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).

(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)(b)(i), 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)(b)(ii)—

(i) that relevant criminal proceedings will not be brought, or

(ii) that relevant criminal proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct.

(5) Where a penalty activation notice is given, the requirement to pay the penalty has effect as if the notice of underpayment had been given on the day on which the penalty activation notice was given.

(6) The Secretary of State must give the person a notice withdrawing the requirement to pay the penalty if it appears to the Secretary of State that the person has been convicted of a labour market offence in respect of the relevant conduct.

Commencement Information

I168 S. 109 not in force at Royal Assent, see s. 159(3)

Prospective

110 Appeals against notices of underpayment U.K.

(1) A person to whom a notice of underpayment is given may appeal to a tribunal against any one or more of the following—

(a) the decision to give the notice;

(b) any requirement imposed by the notice to pay a sum to an individual;

(c) any requirement imposed by the notice to pay a penalty.

(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)(a) 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(1)(b);

(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) or (7) of section 105 (period to which notice may relate).

(4) An appeal under subsection (1)(b) 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(1)(b);

(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) or (7) of section 105;

(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, the notice contravenes subsection (2) of that section.

(5) An appeal under subsection (1)(c) 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(1);

(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)(a), it must cancel the notice.

(7) Where, in a case where subsection (6) does not apply, the tribunal allows an appeal under subsection (1)(b) or (c)—

(a) the tribunal must rectify the notice, and

(b) the notice of underpayment, as rectified, has effect as if it had been given on the day on which the tribunal makes its determination.

(8) In this section—

• “the specified day”, in relation to an individual, means the day specified in accordance with section 106(2)(a) in relation to the individual;

• “the specified provision”, in relation to an individual, means the statutory pay provision specified in accordance with section 106(2)(d) in relation to the individual;

• “tribunal” means—

  (a)

  an employment tribunal, in relation to England and Wales or Scotland;

  (b)

  an industrial tribunal, in relation to Northern Ireland.

Commencement Information

I169 S. 110 not in force at Royal Assent, see s. 159(3)

Prospective

111 Withdrawal of notice of underpayment U.K.

(1) Where—

(a) a notice of underpayment has been given to a person (and not already withdrawn or cancelled), and

(b) it appears to the Secretary of State that the notice incorrectly includes or omits any requirement or is incorrect in any particular,

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—

(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)(a) “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) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).

Commencement Information

I170 S. 111 not in force at Royal Assent, see s. 159(3)

Prospective

112 Replacement notice of underpayment U.K.

(1) If the Secretary of State—

(a) gives a notice of withdrawal to a person under section 111, and

(b) is of the opinion referred to in section 103(1) 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(1)) is the period—

(a) beginning with the claim period for the original notice, and

(b) ending with the day on which the replacement notice is given.

Accordingly, the replacement notice may relate to sums that became due after the day on which the original notice was given.

(4) The replacement notice must—

(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.

(5) Failure to comply with subsection (4) does not make the replacement notice ineffective.

(6) Where a replacement notice is withdrawn under section 111, no further replacement notice may be given under subsection (1) 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.

Commencement Information

I171 S. 112 not in force at Royal Assent, see s. 159(3)

Prospective

113 Effect of replacement notice of underpayment U.K.

(1) This section applies where a notice of underpayment is withdrawn under section 111 and a replacement notice is given in accordance with section 112.

(2) If an appeal has been made under section 110 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

(b) the person given the notice may exercise the right of appeal under that section in respect of the replacement notice only if the earlier appeal is withdrawn.

(3) If a sum was paid by or recovered from the person by way of penalty under the original notice—

(a) an amount equal to that sum (or, if more than one, the total of those sums) is to be treated as having been paid in respect of the penalty imposed by the replacement notice, and

(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)(b) “the appropriate rate” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.

Commencement Information

I172 S. 113 not in force at Royal Assent, see s. 159(3)

Prospective

114 Enforcement of requirement to pay sums due to individuals U.K.

(1) In a case where it appears to the Secretary of State that the liable party has failed to comply with a requirement in a notice of underpayment to pay a sum to an underpaid individual, the Secretary of State may apply to the court for an order under this section.

(2) An application under this section may be made only if—

(a) the relevant 28-day period has ended, and

(b) the liable party’s appeal rights are exhausted (see subsection (5)).

(3) If, on an application under this section, the court is satisfied that—

(a) the notice was given to the liable party and has not been withdrawn, and

(b) the liable party has failed to comply with a requirement imposed by the notice to pay a sum to an underpaid individual,

the court must order the liable party to pay the sum to the underpaid individual within the period specified in the order.

(4) This section does not affect any right of an underpaid individual to recover any sums owed by the liable party to the individual.

(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 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) of that section.

(6) In this section—

• “the court” means—

  (a)

  the county court, in relation to England and Wales;

  (b)

  the sheriff or a summary sheriff, in relation to Scotland;

  (c)

  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(7)(b) applies, the rectified notice) is given.

Commencement Information

I173 S. 114 not in force at Royal Assent, see s. 159(3)

Prospective

115 Enforcement of requirement to pay penalty U.K.

(1) In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.

(2) In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.

(4) Where action is taken under this section for the recovery of a penalty, the penalty—

(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(5) In this section “penalty” means a penalty payable under a notice of underpayment.

Commencement Information

I174 S. 115 not in force at Royal Assent, see s. 159(3)

Powers relating to civil proceedings U.K.

Prospective

116 Power to bring proceedings in employment tribunal U.K.

(1) In a case where—

(a) a worker has the right under any enactment to bring proceedings about a matter in an employment tribunal in England and Wales or Scotland, and

(b) it appears to the Secretary of State that the worker is not going to bring proceedings about that matter,

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) does not apply to—

(a) any right to bring proceedings about a matter in respect of which a notice of underpayment under section 103 has been given;

(b) any right arising under or by virtue of the Agricultural Sector (Wales) Act 2014 (anaw 6) or the Agricultural Wages (Scotland) Act 1949.

(3) Where by virtue of this section the Secretary of State brings proceedings in place of a worker—

(a) the proceedings are to be proceeded with as if they had been brought by the worker, and

(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), 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.

(6) The Secretary of State is not liable to any worker for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the Secretary of State’s functions by virtue of this section.

(7) For the purposes of this section—

(a) any reference to a right to bring proceedings under an enactment is to such a right however expressed, and includes any right to present a complaint or make any other description of claim or application;

(b) any reference to the Secretary of State includes an enforcement officer.

Commencement Information

I175 S. 116 not in force at Royal Assent, see s. 159(3)

Prospective

117 Power to provide legal assistance U.K.

(1) The Secretary of State may assist a person who is or may become party to civil proceedings in England and Wales or Scotland relating to employment or trade union law or the law of labour relations.

(2) In giving assistance under this section the Secretary of State may provide or arrange for the provision of—

(a) legal advice;

(b) legal representation;

(c) any other form of assistance.

(3) But the Secretary of State may not provide, or arrange for the provision of, facilities for the settlement of a dispute.

(4) Where proceedings relate or may relate partly to employment or trade union law or the law of labour relations (“employment-related matters”) and partly to other matters—

(a) assistance may be given under this section in respect of any aspect of the proceedings, and

(b) if the proceedings cease to relate to employment-related matters—

(i) assistance may nevertheless continue to be given under this section in respect of the proceedings, but

(ii) the fact that assistance has been given under this section in respect of the proceedings does not require such assistance to continue to be given.

(5) This section does not affect any restriction imposed in respect of representation—

(a) by virtue of an enactment, or

(b) in accordance with the practice of a court or tribunal.

(6) A legislative provision which requires insurance or an indemnity in respect of advice given in connection with a settlement agreement does not apply to advice provided by the Secretary of State under this section.

Commencement Information

I176 S. 117 not in force at Royal Assent, see s. 159(3)

118 Recovery of costs of legal assistance U.K.

(1) Subsection (2) applies where—

(a) the Secretary of State has assisted a person under section 117 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).

(2) The Secretary of State’s expenditure in giving the assistance—

(a) is to be charged on sums paid to the person by way of costs or expenses, and

(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) 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), 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), 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) 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) are subject to the negative resolution procedure.

Commencement Information

I177 S. 118 not in force at Royal Assent, see s. 159(3)

I178 S. 118(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(30)(a)

I179 S. 118(5)(6) in force at 6.1.2026 by S.I. 2026/3, reg. 2(30)(b)

I180 S. 118(7) in force at 6.1.2026 by S.I. 2026/3, reg. 2(30)(c)

Prospective

Labour market enforcement undertakings U.K.

119 Power to request LME undertaking U.K.

(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).

(2) The Secretary of State may give a notice to the person—

(a) identifying the labour market offence which the Secretary of State believes has been or is being committed;

(b) giving the Secretary of State’s reasons for the belief;

(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).

Commencement Information

I181 S. 119 not in force at Royal Assent, see s. 159(3)

120 Measures in LME undertakings U.K.

(1) An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—

(a) the measure falls within subsection (2) or (3) (or both), and

(b) the Secretary of State considers that the measure is just and reasonable.

(2) A measure falls within this subsection if it is for the purpose of—

(a) preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or

(b) bringing to the attention of persons likely to be interested in the matter—

(i) the existence of the LME undertaking,

(ii) the circumstances in which it was given, and

(iii) any action taken (or not taken) by the subject in order to comply with the undertaking.

(3) A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.

(5) The Secretary of State may not—

(a) invite a person to give an LME undertaking, or

(b) agree to the form of an undertaking,

unless the Secretary of State believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (6).

(6) That purpose is preventing or reducing the risk of the subject—

(a) committing a further labour market offence under the relevant enactment, or

(b) continuing to commit the labour market offence.

(7) An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.

(8) In this section “the relevant enactment” means the enactment under which the Secretary of State believes the labour market offence concerned has been or is being committed.

Commencement Information

I182 S. 120 not in force at Royal Assent, see s. 159(3)

121 Duration of LME undertakings U.K.

(1) An LME undertaking has effect from—

(a) the time when it is accepted by the Secretary of State, or

(b) any later time specified in the LME undertaking for this purpose.

(2) An LME undertaking has effect for the period specified in the LME undertaking.

(3) The maximum period for which an LME undertaking may have effect is two years.

(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(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—

(a) the subject;

(b) any other persons likely to be interested in the matter.

Commencement Information

I183 S. 121 not in force at Royal Assent, see s. 159(3)

122 Means of giving notice under section 119 U.K.

(1) A notice may be given under section 119 to a person by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) subject to subsection (6), sending it to the person by electronic means.

(2) A notice to a body corporate may be given to any officer of that body.

(3) A notice to a partnership may be given to any partner.

(4) A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.

(5) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

(a) in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;

(b) in the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;

(c) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.

(6) A notice may be sent to a person by electronic means only if—

(a) the person has indicated that notices under section 119 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.

(7) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

(8) In this section—

• “electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;

• “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Commencement Information

I184 S. 122 not in force at Royal Assent, see s. 159(3)

Prospective

Labour market enforcement orders U.K.

123 Power to make LME order on application U.K.

(1) The appropriate court may, on an application by the Secretary of State under section 124, 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

(b) considers that it is just and reasonable to make the order.

(2) A labour market enforcement order (an “LME order”) is an order which—

(a) prohibits or restricts the person in relation to whom it is made (the “respondent”) from doing anything set out in the order;

(b) requires the respondent to do anything set out in the order.

(See also section 126.)

(3) An application for an LME order under this section is—

(a) in England and Wales, to be made by complaint;

(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) In this section “the appropriate court”—

(a) in a case where the conduct constituting the labour market offence took place, or is taking place, primarily in England and Wales, means a magistrates’ court;

(b) in a case where that conduct took place, or is taking place, primarily in Scotland, means the sheriff or a summary sheriff;

(c) in a case where that conduct took place, or is taking place, primarily in Northern Ireland, means a court of summary jurisdiction.

Commencement Information

I185 S. 123 not in force at Royal Assent, see s. 159(3)

124 Applications for LME orders U.K.

(1) The Secretary of State may apply for an LME order to be made under section 123 in relation to a person (the “proposed respondent”) if—

(a) the Secretary of State has given the proposed respondent a notice under section 119, and

(b) the proposed respondent—

(i) refuses to give an LME undertaking, or

(ii) otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the Secretary of State.

(2) The Secretary of State may also apply for an LME order if the proposed respondent—

(a) has given an LME undertaking to the Secretary of State, and

(b) has failed to comply with the undertaking.

(3) In subsection (1) “the negotiation period” means—

(a) the period of 14 days beginning with the day after the day on which the notice mentioned in paragraph (a) of that subsection was given, or

(b) a longer period agreed between the Secretary of State and the proposed respondent.

Commencement Information

I186 S. 124 not in force at Royal Assent, see s. 159(3)

125 Power to make LME order on conviction U.K.

(1) This section applies where a court deals with a person in respect of a conviction for a labour market offence.

(2) The court may make an LME order in relation to the person if the court considers it is just and reasonable to do so.

(3) An LME order must not be made under this section except—

(a) in addition to a sentence imposed in respect of the offence concerned, or

(b) in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.

Commencement Information

I187 S. 125 not in force at Royal Assent, see s. 159(3)

126 Measures in LME orders U.K.

(1) An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).

(2) A measure falls within this subsection if it is for the purpose of—

(a) preventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, or

(b) bringing to the attention of persons likely to be interested in the matter—

(i) the existence of the LME order,

(ii) the circumstances in which it was made, and

(iii) any action taken (or not taken) by the respondent in order to comply with the order.

(3) A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.

(5) Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.

(6) In this section “the relevant enactment” means the enactment under which the labour market offence concerned has been or is being committed.

Commencement Information

I188 S. 126 not in force at Royal Assent, see s. 159(3)

127 Further provision about LME orders U.K.

(1) An LME order has effect for the period specified in the LME order.

(2) The maximum period for which an LME order may have effect is two years.

(3) An LME order may not be made against an individual who is under the age of 18.

(4) If a court makes an LME order, the court may also—

(a) release the respondent from any LME undertaking given in relation to the labour market offence concerned;

(b) discharge any other LME order which is in force against the respondent and which was made by—

(i) that court, or

(ii) any other court in the same part of the United Kingdom as that court.

Commencement Information

I189 S. 127 not in force at Royal Assent, see s. 159(3)

128 Variation and discharge of LME orders U.K.

(1) On an application under this section, the appropriate court may by order vary or discharge an LME order.

(2) An application for the variation or discharge of an LME order may be made by—

(a) the respondent, or

(b) the Secretary of State.

(3) An application for an order under this section is—

(a) in England and Wales, to be made by complaint;

(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(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 or 125), means a magistrates’ court;

(b) in the case of an LME order made in Scotland, means the sheriff or a summary sheriff;

(c) in the case of an LME order made in Northern Ireland, means a court of summary jurisdiction.

Commencement Information

I190 S. 128 not in force at Royal Assent, see s. 159(3)

129 LME orders: appeals U.K.

(1) A respondent may appeal against—

(a) the making of an LME order under section 123;

(b) the making of, or refusal to make, an order under section 128.

(2) An appeal under subsection (1) is to be made—

(a) where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;

(b) where the order was made or refused by the sheriff or a summary sheriff, to the Sheriff Appeal Court;

(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), 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) remains an order of the court that first made it for the purposes of section 128.

(5) A respondent may appeal against the making of an LME order under section 125 as if the order were a sentence passed on the respondent for the labour market offence.

Commencement Information

I191 S. 129 not in force at Royal Assent, see s. 159(3)

Prospective

Safeguards etc U.K.

130 Evidence of authority U.K.

(1) This section applies where a person is proposing to exercise—

(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 (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.

Commencement Information

I192 S. 130 not in force at Royal Assent, see s. 159(3)

131 Warrants U.K.

(1) A warrant under section 98 or 102 may be executed by any enforcement officer.

(2) A warrant under section 98 or 102 may authorise persons to accompany any enforcement officer who is executing it.

(3) A person authorised under subsection (2) 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 contains further provision about—

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

(b) warrants issued under section 98 or 102.

(6) The entry of premises under a warrant issued under section 98 or 102 is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).

Commencement Information

I193 S. 131 not in force at Royal Assent, see s. 159(3)

132 Items subject to legal privilege U.K.

(1) Nothing in this Part requires a person to produce any document, or provide any information, which the person would be entitled to refuse to produce or provide—

(a) in proceedings in the High Court on the grounds of legal professional privilege, or

(b) in proceedings in the Court of Session on the grounds of confidentiality of communications.

(2) In subsection (1) “communications” means—

(a) communications between a professional legal adviser and the adviser’s client, or

(b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Commencement Information

I194 S. 132 not in force at Royal Assent, see s. 159(3)

133 Privilege against self-incrimination U.K.

(1) This section applies where a person provides information in response to a requirement under section 96.

(2) In any criminal proceedings against the person—

(a) no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b) no question relating to the information may be asked by or on behalf of the prosecution.

(3) Subsection (2) 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) does not apply if the proceedings are for—

(a) an offence under section 140 (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);

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations);

(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).

Commencement Information

I195 S. 133 not in force at Royal Assent, see s. 159(3)

134 Information relating to the intelligence services, etc U.K.

(1) A power conferred by section 96 or 97 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) 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) 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—

(a) national security,

(b) the prevention or detection of serious crime, or

(c) the economic well-being of the United Kingdom.

(4) A certificate issued under this section in relation to a power may impose conditions on the exercise of the power.

(5) Except as provided for by subsection (1), nothing in this Part requires any person to—

(a) produce any document containing intelligence service information, or

(b) provide any information that is intelligence service information.

(6) For the purposes of this section—

(a) “crime” means conduct which—

(i) constitutes a criminal offence, or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence;

(b) crime is “serious” if—

(i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or

(ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose;

(c) “intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.

Commencement Information

I196 S. 134 not in force at Royal Assent, see s. 159(3)

Disclosure of information U.K.

135 Disclosure of information U.K.

(1) In this section—

• “civil proceedings function” means a function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);

• “enforcement function” means—

  (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);

• “enforcing authority” means the Secretary of State or an enforcement officer.

(2) A person may disclose information to an enforcing authority if the disclosure is made for the purposes of the exercise of an enforcement function or a civil proceedings function.

(3) Information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function—

(a) may be used by an enforcing authority in connection with the exercise of an enforcement function or civil proceedings function;

(b) may be used by the Secretary of State in connection with a function of the Secretary of State under this Part.

(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 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.

(7) Regulations under subsection (6) are subject to the affirmative resolution procedure.

(8) Sections 136 to 138 contain further provision about disclosure of information under this section.

Commencement Information

I197 S. 135 not in force at Royal Assent, see s. 159(3)

I198 S. 135(6)(7) in force at 6.1.2026 by S.I. 2026/3, reg. 2(31)

Prospective

136 Disclosure of information: supplementary provision U.K.

(1) A disclosure of information which is authorised by section 135 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 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);

(b) the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(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 does not limit the circumstances in which information may be disclosed apart from that section.

Commencement Information

I199 S. 136 not in force at Royal Assent, see s. 159(3)

Prospective

137 Restriction on disclosure of HMRC information U.K.

(1) HMRC information may not be disclosed by an enforcing authority without authorisation from the Commissioners for His Majesty’s Revenue and Customs (“the Commissioners”).

(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) and (2) do not apply to national minimum wage information.

(4) If a person contravenes subsection (1) or (2) by disclosing revenue and customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

(5) In this section—

• “enforcing authority” has the same meaning as in section 135;

• “HMRC information” means information disclosed to an enforcing authority under section 135 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;

• “revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005.

Commencement Information

I200 S. 137 not in force at Royal Assent, see s. 159(3)

Prospective

138 Restriction on disclosure of intelligence service information U.K.

(1) Section 135(2) does not authorise a person to disclose information to an enforcing authority where—

(a) the person is serving in an intelligence service, or

(b) the information is intelligence service information.

But this does not affect the disclosures which a person serving in an intelligence service may make in accordance with intelligence service disclosure arrangements (see subsection (4)).

(2) Intelligence service information may not be disclosed by an enforcing authority without authorisation from the appropriate service chief.

(3) If an enforcing authority has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.

(4) In this section—

• “appropriate service chief” means—

  (a)

  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;

  (b)

  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;

  (c)

  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;

• “intelligence service disclosure arrangements” means—

  (a)

  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;

  (b)

  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;

  (c)

  arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;

• “intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.

Commencement Information

I201 S. 138 not in force at Royal Assent, see s. 159(3)

Prospective

Offences U.K.

139 Offence of failing to comply with LME order U.K.

(1) A person in relation to whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

Commencement Information

I202 S. 139 not in force at Royal Assent, see s. 159(3)

140 Offence of providing false information or documents U.K.

(1) A person commits an offence if—

(a) the person produces, or knowingly causes or allows to be produced, any information or document in response to a requirement reasonably made by a person in the exercise of a power conferred by this Part,

(b) the information or document is false in a material respect, and

(c) the person knows that it is or is reckless as to whether it is.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;

(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)(a) “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;

(b) in the case of an offence committed after that time, 51 weeks.

Commencement Information

I203 S. 140 not in force at Royal Assent, see s. 159(3)

141 Providing false information or documents: national security etc defence U.K.

(1) A person in relation to whom a certificate is issued by the Secretary of State for the purposes of this section is not liable for the commission of an offence under section 140 (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 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,

(b) for the purposes of preventing or detecting serious crime, or

(c) in the interests of the economic well-being of the United Kingdom.

(3) A certificate under this section may be revoked by the Secretary of State at any time.

(4) For the purposes of subsection (2)(b)—

(a) “crime” means conduct which—

(i) constitutes a criminal offence, or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and

(b) crime is “serious” if—

(i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or

(ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

Commencement Information

I204 S. 141 not in force at Royal Assent, see s. 159(3)

142 Offence of obstruction U.K.

(1) A person commits an offence if the person—

(a) intentionally obstructs a person who is acting in the exercise of an enforcement function, or

(b) without reasonable excuse, fails to comply with any requirement imposed by a person who is acting in the exercise of an enforcement function.

(2) In subsection (1) “enforcement function” means—

(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 (power to bring proceedings in employment tribunal).

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;

(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.

(4) In subsection (3)(a) “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;

(b) in the case of an offence committed after that time, 51 weeks.

(5) Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

Commencement Information

I205 S. 142 not in force at Royal Assent, see s. 159(3)

Recovery of enforcement costs U.K.

143 Power to recover costs of enforcement U.K.

(1) The Secretary of State may by regulations make provision requiring a relevant person, or a relevant person of a specified description, to pay a charge as a means of recovering any enforcement costs incurred in relation to the person.

(2) For the purposes of this section—

• “enforcement costs”, in relation to a relevant person, means any costs incurred in connection with the exercise of an enforcement function of the Secretary of State in relation to the person;

• “relevant person” means a person who has failed to comply with any relevant labour market legislation;

• “specified” means specified in the regulations.

(3) Regulations under this section may—

(a) provide that the amount of a charge is—

(i) a fixed amount, or

(ii) an amount calculated by reference to an hourly rate;

(b) provide for the amount of the charge to be determined by the Secretary of State in accordance with the regulations.

(4) The regulations may in particular—

(a) provide that the amount of a charge is to be determined by the Secretary of State in accordance with a scheme made and published by the Secretary of State, and

(b) make provision about such schemes, including the principles governing such schemes.

(5) The provision that may be made by regulations under this section includes, among other things—

(a) provision for charges to be payable only in specified circumstances;

(b) provision about reductions, exemptions and waivers;

(c) provision about how and when charges are to be paid;

(d) provision about the collection or recovery of payments;

(e) provision for the charging of interest on unpaid charges;

(f) provision about the resolution of disputes relating to the payment of charges, including provision for the making of appeals to a court or tribunal.

(6) Regulations under this section are subject to the negative resolution procedure.

Commencement Information

I206 S. 143 not in force at Royal Assent, see s. 159(3)

I207 S. 143 in force at 6.1.2026 by S.I. 2026/3, reg. 2(32)

Supplementary U.K.

Prospective

144 Offences by bodies corporate U.K.

(1) If an offence under this Part committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In subsection (1) “officer”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body;

(b) a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Commencement Information

I208 S. 144 not in force at Royal Assent, see s. 159(3)

Prospective

145 Application of this Part to partnerships U.K.

(1) If an offence under this Part committed by a partner (“P”) of a partnership which is not regarded as a legal person is shown—

(a) to have been committed with the consent or connivance of another partner, or

(b) to be attributable to any neglect on the part of another partner,

that other partner, as well as P, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Proceedings for an offence under this Part alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.

(3) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and

(b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

(ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;

(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) A fine imposed on a partnership on its conviction of an offence under this Part is to be paid out of the funds of the partnership.

(5) If an offence under this Part committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In subsections (1) and (5) “partner” includes a person purporting to act as a partner.

(7) For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.

Commencement Information

I209 S. 145 not in force at Royal Assent, see s. 159(3)

Prospective

146 Application of this Part to unincorporated associations U.K.

(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of this Part.

(2) A case falls within this subsection if it relates to a labour market offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.

(3) Proceedings for an offence under this Part alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.

(4) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the association were a body corporate, and

(b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

(ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;

(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5) A fine imposed on the association on its conviction of an offence under this Part is to be paid out of the funds of the association.

(6) If an offence under this Part committed by an unincorporated association is proved—

(a) to have been committed with the consent or connivance of an officer of the association, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6) “officer”, in relation to any association, means—

(a) an officer of the association or a member of its governing body;

(b) a person purporting to act in such a capacity.

Commencement Information

I210 S. 146 not in force at Royal Assent, see s. 159(3)

Prospective

147 Application of this Part to the Crown and Parliament U.K.

(1) Subject to the provisions of section 134 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.

(3) No contravention by the Crown of any provision made by this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Despite subsection (3), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

(5) If the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.

(6) No power of entry conferred by this Part may be exercised in relation to—

(a) land belonging to His Majesty in right of His private estates, or

(b) premises occupied for the purposes of either House of Parliament.

(7) In subsection (6)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

Commencement Information

I211 S. 147 not in force at Royal Assent, see s. 159(3)

Prospective

148 Abolition of existing enforcement authorities U.K.

(1) The following are abolished—

(a) the Gangmasters and Labour Abuse Authority;

(b) the Director of Labour Market Enforcement.

(2) Accordingly—

(a) in the Gangmasters (Licensing) Act 2004, omit section 1 (the Gangmasters and Labour Abuse Authority);

(b) in Part 1 of the Immigration Act 2016 (labour market and illegal working), omit section 1 (Director of Labour Market Enforcement).

Commencement Information

I212 S. 148 not in force at Royal Assent, see s. 159(3)

149 Consequential and transitional provision U.K.

(1) Schedule 10 contains consequential amendments relating to this Part.

(2) Part 1 of Schedule 11 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.

Commencement Information

I213 S. 149 not in force at Royal Assent, see s. 159(3)

I214 S. 149(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(33)(a)

I215 S. 149(2) in force at 6.1.2026 by S.I. 2026/3, reg. 2(33)(b)

Interpretation of this Part U.K.

Prospective

150 Meaning of “non-compliance with relevant labour market legislation” U.K.

(1) For the purposes of this Part, each of the following constitutes “non-compliance with relevant labour market legislation”—

(a) failure to comply with any requirement, restriction or prohibition imposed by or under a provision of relevant labour market legislation;

(b) breach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;

(c) the commission of a labour market offence.

(2) For the purposes of this Part, any requirement to pay a relevant sum within the meaning of Part 2A of the Employment Tribunals Act 1996 is to be treated as a requirement imposed by or under that Part; and a reference to enforcing that Part is to be read accordingly.

Commencement Information

I216 S. 150 not in force at Royal Assent, see s. 159(3)

151 Interpretation: general U.K.

(1) In this Part—

• “the Advisory Board” means the Advisory Board established under section 93;

• “ancillary offence”, in relation to an offence under any provision of relevant labour market legislation, means—

  (a)

  an offence of attempting or conspiring to commit such an offence;

  (b)

  an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence;

  (c)

  an offence of inciting a person to commit such an offence;

  (d)

  an offence of aiding, abetting, counselling or procuring the commission of such an offence;

• “business” includes—

  (a)

  a trade or profession, and

  (b)

  any activity carried on by a body of persons (whether corporate or unincorporated);

• “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));

• “employer” has the meaning given by subsection (2);

• “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—

  (a)

  an enactment contained in subordinate legislation,

  (b)

  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,

  (c)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

  (d)

  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;

• “enforcement officer” has the meaning given by section 90(3);

• “GCHQ” has the same meaning as in the Intelligence Services Act 1994;

• “intelligence service” means—

  (a)

  the Security Service;

  (b)

  the Secret Intelligence Service;

  (c)

  GCHQ;

• “labour market offence” means—

  (a)

  an offence under any provision of relevant labour market legislation, or

  (b)

  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(1);

• “LME order” has the meaning given by section 123(2);

• “LME undertaking” has the meaning given by section 119(3);

• “non-compliance with relevant labour market legislation” has the meaning given by section 150; 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(2);

• “premises” has the meaning given by subsection (3);

• “the relevant day”, in relation to a notice of underpayment, has the meaning given by section 103(1);

• “relevant labour market legislation” means the labour market legislation listed in Part 1 of Schedule 7;

• “respondent”, in relation to an LME order, has the meaning given by section 123(2);

• “statutory pay provision” has the meaning given by section 103(7);

• “subject”, in relation to an LME undertaking, has the meaning given by section 119(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(1);

• “worker” (except in section 102) has the meaning given by subsection (5).

(2) In this Part “employer” means any of the following—

(a) an employer within the meaning of section 230(4) of the Employment Rights Act 1996 or Article 3(4) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

(b) a person who is an employer for the purposes of Part 4A of the Employment Rights Act 1996 in relation to a worker mentioned in section 43K(2) of that Act;

(c) a person who is an employer for the purposes of Part 5A of the Employment Rights (Northern Ireland) Order 1996 in relation to a worker mentioned in Article 67K(2) of that Order;

(d) a person who is the principal for the purposes of section 47A or 63A of the Employment Rights Act 1996 or Article 70A or 91A of the Employment Rights (Northern Ireland) Order 1996 (right to time off for young person for study or training);

(e) a person who is—

(i) an employer for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,

(ii) an employer in relation to a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or

(iii) an employer in relation to a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;

(f) in relation to an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996—

(i) a person who is the hirer within the meaning of any Part of Schedule A1 to that Act (agency workers: guaranteed hours and rights relating to shifts);

(ii) a work-finding agency within the meaning of Schedule A1 to that Act (see section 27BV(4) of that Act);

(iii) a relevant person within the meaning of section 47I of that Act (agency workers and Schedule A1 rights);

(g) in relation to an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350)—

(i) the hirer within the meaning of the relevant Regulations;

(ii) (where the worker is not actually employed by the temporary work agency) the temporary work agency within the meaning of the relevant Regulations;

(h) in relation to an individual seeking to be employed by a person as a worker, that person.

(3) In this Part “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any tent or movable structure;

(c) any offshore installation;

(d) any renewable energy installation.

(4) In subsection (3)—

• “offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;

• “renewable energy installation” has the meaning given by section 104 of the Energy Act 2004.

(5) In this Part “worker” means any of the following—

(a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996 or Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

(b) an individual who is not a worker as defined by section 230(3) of the Employment Rights Act 1996 but who is a worker for the purposes of Part 4A of that Act (see section 43K(1) of that Act);

(c) an individual who is not a worker as defined by Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 but who is a worker for the purposes of Part 5A of that Order (see Article 67K(1) of that Order);

(d) an individual who—

(i) is a worker for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,

(ii) works under a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or

(iii) works under a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;

(e) an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996;

(f) an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350);

(g) an individual seeking to be employed by a person as a worker.

Commencement Information

I217 S. 151 not in force at Royal Assent, see s. 159(3)

I218 S. 151(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(34)(a)

I219 S. 151(2)(5) in force at 6.1.2026 by S.I. 2026/3, reg. 2(34)(b)

Part 6 U.K. Miscellaneous and general

Prospective

Tribunals U.K.

152 Increase in time limits for making claims U.K.

Schedule 12 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.

Commencement Information

I220 S. 152 not in force at Royal Assent, see s. 159(3)

Regulations etc under Employment Rights Act 1996 U.K.

153 Orders and regulations under Employment Rights Act 1996: procedure U.K.

In section 236 of the Employment Rights Act 1996 (orders and regulations), after subsection (4) insert—

“(4A) A statutory instrument containing an order or regulations under this Act to which subsection (3) applies may include an order or regulations under this Act to which subsection (3) would not otherwise apply.

(4B) In such a case, the statutory instrument is to be proceeded with as if all of the orders and regulations contained in it were orders or regulations to which subsection (3) applies.”

Commencement Information

I221 S. 153 not in force at Royal Assent, see s. 159(3)

I222 S. 153 in force at 6.1.2026 by S.I. 2026/3, reg. 2(35)

Final provisions U.K.

154 Power to make consequential amendments U.K.

(1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

(2) The power to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before, or in the same session of Parliament as, this Act.

(3) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

(c) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

(4) Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.

(5) Any other regulations under this section are subject to the negative resolution procedure.

Commencement Information

I223 S. 154 in force at Royal Assent, see s. 159(1)(d)

155 Power to make transitional or saving provision U.K.

(1) The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

(2) Regulations under this section may (among other things)—

(a) make provision in addition to, or different from, that made by this Act;

(b) make any adaptations of any provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.

Commencement Information

I224 S. 155 in force at Royal Assent, see s. 159(1)(d)

156 Regulations U.K.

(1) Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2) For provision about the making of regulations under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (which provides for such regulations to be made by Scottish statutory instrument).

(3) Regulations under this Act may—

(a) make different provision for different purposes or different areas;

(b) contain supplementary, incidental, consequential, transitional or saving provision.

(4) Subsection (3) does not apply to regulations under section 159 (see instead subsection (4) of that section).

(5) Where regulations under this Act are subject to the “negative resolution procedure”—

(a) in the case of regulations of the Secretary of State, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) in the case of regulations of the Welsh Ministers, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c) in the case of regulations of the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6) Where regulations under this Act are subject to the “affirmative resolution procedure”—

(a) in the case of regulations of the Secretary of State, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;

(b) in the case of regulations of the Welsh Ministers, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

(c) in the case of regulations of the Scottish Ministers, the regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7) Any provision that may be included by a person in an instrument under this Act subject to the negative resolution procedure may be made by the person by regulations subject to the affirmative resolution procedure.

Commencement Information

I225 S. 156 in force at Royal Assent, see s. 159(1)(d)

157 Financial provision U.K.

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a person holding office under His Majesty or by a government department, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement Information

I226 S. 157 in force at Royal Assent, see s. 159(1)(d)

158 Extent U.K.

(1) Except as set out below—

(a) Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;

(b) in Part 3—

(i) Chapter 1 extends to England and Wales;

(ii) Chapter 2 extends to England and Wales and Scotland;

(iii) Chapter 3 extends to England and Wales, Scotland and Northern Ireland;

(c) Part 5 and this Part extend to England and Wales, Scotland and Northern Ireland.

(2) Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern Ireland only.

(3) Section 32 (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.

(4) Except as set out in subsection (5), 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 (increase in time limits for making claims)—

(a) the amendments made by paragraph 9(3) and (4) extend to Northern Ireland only;

(b) the amendments made by paragraphs 10, 12 and 13 extend to England and Wales and Scotland only.

Commencement Information

I227 S. 158 in force at Royal Assent, see s. 159(1)(d)

159 Commencement U.K.

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 19 (review of extent of right to time off for public duties);

(b) section 37 (guidance about the employment of children on heritage railways);

(c) section 78 (repeal of provision about minimum service levels);

(d) sections 154 to 158, this section and section 160.

(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 (political funds: requirement to pass political resolution);

(b) section 62 (requirement to contribute to political fund);

(c) section 63 (deduction of trade union subscriptions from wages in public sector);

(d) section 66 (facility time: publication requirements and reserve powers);

(e) section 67 (blacklists: additional powers);

(f) section 69 (industrial action ballots: support thresholds);

(g) section 70 (industrial action ballots: information to be included in notices to employers);

(h) section 71 (industrial action ballots: information to be included on voting paper);

(i) section 72 (period after which industrial action ballot ceases to be effective);

(j) section 73 (electronic balloting);

(k) section 74 (notice to employers of industrial action);

(l) section 75 (union supervision of picketing);

(m) section 80 (union annual returns: removal of provision about political expenditure);

(n) section 82 (Certification Officer: removal of investigatory powers);

(o) section 83 (Certification Officer: powers to be exercised only on application);

(p) section 84 (Certification Officer: removal of power to impose financial penalties);

(q) section 86 (Certification Officer: appeals to the Employment Appeal Tribunal);

(r) section 87 (employment outside Great Britain);

(s) section 89 (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) may make different provision for different purposes or different areas.

(5) In deciding whether and when to make regulations under subsection (3) bringing section 68 (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) bringing section 68 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) “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).

Commencement Information

I228 S. 159 in force at Royal Assent, see s. 159(1)(d)

160 Short title U.K.

This Act may be cited as the Employment Rights Act 2025.

Commencement Information

I229 S. 160 in force at Royal Assent, see s. 159(1)(d)