Employment Rights Act 2025

Schedules

Prospective

Section 4

Schedule 1 E+W+S Agency workers: guaranteed hours and rights relating to shifts

Commencement Information

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

Before Schedule 1 to the Employment Rights Act 1996 insert—

Section 27BV

“Schedule A1 E+W+S Agency workers: guaranteed hours and rights relating to shifts

Part 1 E+W+S Right to guaranteed hours

Right for qualifying agency workers to be offered guaranteed hours

1 (1) A hirer must make a guaranteed hours offer to an agency worker in accordance with paragraph 2 after the end of every period—

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

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

(2) Paragraph 5 makes provision for exceptions to this duty, including in certain cases where the agency worker stops working for and under the supervision and direction of the hirer.

(3) An agency worker is a qualifying agency worker of a hirer in relation to a reference period if—

(a) during the reference period the agency worker worked for and under the supervision and direction of the hirer for a number of hours (the “reference period hours”),

(b) the reference period hours satisfy such conditions as to number, regularity or otherwise as are specified, and

(c) when the agency worker worked the reference period hours, it was not as an excluded agency worker.

(4) In relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, 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 an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, means the period—

(a) beginning with—

(i) where the agency worker is working for and under the supervision and direction of the hirer on the day on which sub-paragraph (1) comes into force (“the commencement day”), the commencement day, or

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

(b) ending with the specified day.

(6) A “subsequent reference period”, in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, means a period beginning and ending with the specified days.

(7) For the purposes of this Part of this Schedule—

(a) references to a “hirer” are to a person for and under the supervision and direction of whom agency workers are supplied to work,

(b) references to a “qualifying agency worker” are to an agency worker who is a qualifying agency worker of a hirer in relation to a reference period by virtue of sub-paragraph (3), and

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

(8) Nothing in this Part of this Schedule prevents a hirer from making one or more other offers to a qualifying agency worker to enter into a worker’s contract, at the same time as making a guaranteed hours offer.

(9) Regulations made under sub-paragraph (3)(b), (5) or (6) may, in particular, include provision to take account of time when an agency worker does not work for a specified reason.

(10) Before making—

(a) the first regulations to be made under sub-paragraph (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 sub-paragraph (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.

(11) In this paragraph, “excluded agency worker” means an agency worker who is of a specified description.

Requirements relating to a guaranteed hours offer

2 (1) An offer by a hirer to a qualifying agency worker is a guaranteed hours offer for the purposes of this Part of this Schedule if it is an offer to enter into a worker’s contract and the worker’s contract will require the hirer to provide the qualifying agency worker with work, and the qualifying agency 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 a hirer to a qualifying agency worker is a guaranteed hours offer for the purposes of this Part of this Schedule only if it also satisfies the condition in sub-paragraph (3).

(3) The condition referred to in sub-paragraph (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 agency worker worked the reference period hours in the relevant reference period.

(4) Where no regulations are in force under sub-paragraph (2) that apply in relation to an offer by a hirer to a qualifying agency worker, the offer is a guaranteed hours offer for the purposes of this Part of this Schedule 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 agency worker during a reference period;

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

(6) A guaranteed hours offer—

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

(b) must propose terms and conditions of employment relating to pay that comply with paragraph 3, and

(c) must propose terms and conditions of employment relating to additional matters—

(i) that, taken as a whole, are no less favourable than the terms and conditions relating to additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, or

(ii) where paragraph 4 applies, that comply with sub-paragraph (2) of that paragraph.

(7) For the purposes of sub-paragraph (6)(a) it is reasonable for a worker’s contract to be entered into, between a hirer and a qualifying agency worker, as a limited-term contract only if—

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

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

(8) Before making the first regulations to be made under sub-paragraph (7)(c) the Secretary of State must consult—

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

(b) such persons representing the interests of hirers to whom agency workers are supplied to do seasonal work as the Secretary of State considers appropriate, and

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

(9) For the purposes of sub-paragraphs (6)(b) and (10), terms and conditions of employment relate to “pay” if they relate to any sums payable to a worker in connection with the worker’s employment, including any fee, bonus, commission, holiday pay or other emolument referable to the employment, whether payable under contract or otherwise.

(10) For the purposes of sub-paragraph (6)(c), terms and conditions of employment relate to “additional matters” if—

(a) they are not terms and conditions that are required by or under sub-paragraphs (1) and (2) or sub-paragraphs (1) and (4);

(b) they do not relate to length of employment;

(c) they do not relate to pay.

(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 paragraph, “reference period hours”, in relation to a qualifying agency worker and a relevant reference period, has the same meaning as in paragraph 1(3).

Requirements relating to a guaranteed hours offer: terms and conditions relating to pay

3 (1) Terms and conditions of employment relating to pay that are proposed by a guaranteed hours offer made by a hirer to a qualifying agency worker in respect of a relevant reference period comply with this paragraph if any of conditions A to D is met in relation to those terms and conditions.

(2) Condition A is that the terms and conditions of employment relating to pay are no less favourable than the most favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period.

(3) Condition B is that—

(a) the terms and conditions of employment relating to pay do not meet condition A but are no less favourable than the least favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, and

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

(4) Condition C is that the terms and conditions of employment relating to pay are no less favourable than—

(a) where there was only one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period, the terms and conditions of employment relating to pay that the comparable worker had at the end of that period, or

(b) where there was more than one such comparable worker, the most favourable terms and conditions of employment relating to pay that a comparable worker had at the end of the relevant reference period.

(5) Condition D is that, where there was more than one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period—

(a) the terms and conditions of employment relating to pay do not meet condition C but are no less favourable than the terms and conditions of employment relating to pay that at least one comparable worker had at the end of the relevant reference period, and

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

(6) If a hirer relies on any of sub-paragraphs (3) to (5) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give a notice to the qualifying agency worker that—

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

(b) where sub-paragraph (3)(b) or (5)(b) applies, explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

(7) A notice under sub-paragraph (6) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see paragraph 2(11)).

(8) For the purposes of this paragraph a worker is a “comparable worker”, in relation to an agency worker who works for and under the supervision and direction of a hirer, if—

(a) the worker is employed by the hirer to do the same or broadly similar work as the agency worker, having regard, where relevant, to whether the worker and the agency worker have a similar level of qualification and skills, and

(b) the worker is employed by the hirer to work at the same place as the agency worker or, where there is no worker employed by the hirer at that place who does the same or broadly similar work as the agency worker, at any other place.

(9) Paragraph 2(9) (when terms and conditions of employment relate to pay) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(b) and (10).

(10) References in this paragraph to terms and conditions relating to pay that an agency worker had when working for and under the supervision and direction of a hirer are references to any sums payable to the agency worker in connection with that work, including any fee, bonus, commission, holiday pay or other emolument referable to the work, whether payable under contract or otherwise.

Requirements relating to a guaranteed hours offer: supplementary

4 (1) This paragraph applies where, during the relevant reference period, the terms and conditions relating to additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer were not the same throughout the relevant reference period.

(2) Where this paragraph applies, the guaranteed hours offer may propose terms and conditions of employment relating to additional matters that, taken as a whole, are less favourable than the most favourable terms and conditions relating to additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer 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 additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, and

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

(3) If a hirer relies on sub-paragraph (2) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give to the qualifying agency worker a notice that—

(a) states that the hirer 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 sub-paragraph (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see paragraph 2(11)).

(5) Paragraph 2(10) (when terms and conditions of employment relate to additional matters) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(c).

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

5 (1) The duty imposed by paragraph 1(1) on a hirer in relation to a qualifying agency worker does not apply if, during the relevant reference period or the offer period, the qualifying agency worker stops working for and under the supervision and direction of the hirer in relevant circumstances.

(2) A guaranteed hours offer made by a hirer to a qualifying agency worker is to be treated as having been withdrawn if, during the response period, the qualifying agency worker stops working for and under the supervision and direction of the hirer in relevant circumstances.

(3) Relevant circumstances occur where—

(a) the qualifying agency worker declines to continue working under the supervision and direction of the hirer other than in circumstances in which the qualifying agency worker is entitled to do so without notice by reason of the hirer’s conduct;

(b) the hirer tells the work-finding agency, or other person, that has been supplying the qualifying agency worker to the hirer to stop supplying the qualifying agency worker and—

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

(ii) in the circumstances (including the size and administrative resources of the hirer’s undertaking) the hirer has acted reasonably in treating the reason (or the principal reason) as a sufficient reason for telling the work-finding agency, or other person, to stop supplying the qualifying agency worker.

(4) In sub-paragraph (3)(b), “qualifying reason”, in relation to a qualifying agency worker, means a reason falling within sub-paragraph (5) or some other substantial reason of a kind such as to justify telling a work-finding agency, or other person, to stop supplying an agency worker doing work of the kind which the qualifying agency worker was supplied to the hirer to do.

(5) A reason falls within this sub-paragraph if it—

(a) relates to the capability or qualifications of the qualifying agency worker to do work of the kind which the qualifying agency worker was supplied to the hirer to do,

(b) relates to the conduct of the qualifying agency worker, or

(c) is that the qualifying agency worker could not continue to do work of the kind which the qualifying agency worker was supplied to the hirer to do without contravention (whether on the part of the qualifying agency worker, on the part of the hirer or on the part of the work-finding agency or other person that supplied the qualifying agency worker) of a duty or restriction imposed by or under any legislation.

(6) The Secretary of State may by regulations make provision for the duty imposed by paragraph 1(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 sub-paragraph (6) the Secretary of State must, in particular, have regard to—

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

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

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

(9) Where, by virtue of regulations under sub-paragraph (6)—

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

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

the hirer must give a notice to the qualifying agency 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 sub-paragraph (9) must be given by a hirer to a qualifying agency worker—

(a) where it is required to be given by virtue of paragraph (a) of that sub-paragraph, 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 sub-paragraph, 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 sub-paragraph (8) or (9) must be given;

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

(12) In this paragraph—

• “capability”, in relation to a qualifying agency worker, means the qualifying agency worker’s capability assessed by reference to skill, aptitude, health or any other physical or mental quality;

• “the offer period”, in relation to a qualifying agency worker and the hirer for and under the supervision and direction of whom the agency worker worked, 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 agency worker by the hirer, or

  (b)

  if no guaranteed hours offer is made before the day specified under paragraph 2(11)(a) as the last day on which the hirer may make such an offer to the qualifying agency worker, that last day;

• “qualifications”, in relation to a qualifying agency worker, means any degree, diploma or other academic, technical or professional qualification relevant to the work which the qualifying agency worker is supplied to the hirer to do;

• “the response period”, in relation to a guaranteed hours offer made to a qualifying agency 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.

Acceptance or rejection of a guaranteed hours offer

6 (1) Where a hirer makes a guaranteed hours offer to a qualifying agency worker and the offer is not treated as having been withdrawn by virtue of paragraph 5(2) or regulations under paragraph 5(6), the qualifying agency worker may, by giving notice to the hirer before the end of the response period, accept or reject the offer.

(2) Where a qualifying agency worker gives notice under sub-paragraph (1) accepting an offer, the qualifying agency worker and the hirer that made the offer 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.

(3) But a qualifying agency worker and a hirer may agree, for the purposes of sub-paragraph (2), that the worker’s contract is to be treated as being entered into on a later day than the day mentioned in that sub-paragraph.

(4) Where, by virtue of sub-paragraphs (2) and (3), a qualifying agency worker and a hirer are treated as entering into a worker’s contract on a day, and accordingly from that day the qualifying agency worker becomes a worker and the hirer becomes that worker’s employer, Chapter 2 of Part 2A applies in relation to that worker and that employer as if in section 27BA (employer’s duty to make a guaranteed hours offer) subsections (4)(a) and (5) (which provide for the initial reference period to be a reference period and define the initial reference period) were omitted.

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

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

(a) the form and manner in which notice under sub-paragraph (1) must be given by a qualifying agency worker to a hirer;

(b) when notice given by a qualifying agency worker to a hirer under sub-paragraph (1) is to be treated as having been given.

(7) In this paragraph, “the response period” has the same meaning as in paragraph 5.

(8) Where—

(a) a hirer 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 hirer withdraws the offer by giving notice under that section,

sub-paragraph (1) of this paragraph ceases to apply in relation to the offer when the notice is given.

Information about rights conferred by Part 1 of Schedule A1

7 (1) Where—

(a) a work-finding agency has a worker’s contract or an arrangement with an agency worker 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, and

(b) it is reasonable to consider that the agency worker might become a qualifying agency worker of a hirer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in paragraph 1),

the work-finding agency must take reasonable steps, within the initial information period, to ensure that the agency worker is aware of specified information relating to the rights conferred on agency workers by this Part of this Schedule.

(2) A work-finding agency that is subject to the duty in sub-paragraph (1) in relation to an agency worker must take reasonable steps to ensure that, after the end of the initial information period, the agency worker continues to have access to the specified information referred to in that sub-paragraph at all times when—

(a) the worker’s contract or (as the case may be) the arrangement so referred to continues to be in force, and

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

(3) “The initial information period”, 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, means the period of two weeks beginning with—

(a) where the worker’s contract or arrangement is in force on the day on which paragraph 1(1) comes into force (“the commencement day”), the commencement day, or

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

(4) But where, on the day referred to in sub-paragraph (3)(a) or (b), it was not reasonable to consider that the agency worker might become a qualifying agency worker of a hirer in relation to any reference period, sub-paragraph (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.

Complaints to employment tribunals against a hirer: grounds

8 (1) An agency worker may present a complaint to an employment tribunal that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

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

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

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) the offer that the hirer has made to the agency worker in relation to that reference period to enter into a worker’s contract is not a guaranteed hours offer as described in—

(i) where regulations are in force under sub-paragraph (2) of paragraph 2 that apply in relation to the offer, sub-paragraphs (1) and (3) of that paragraph (read with any regulations in force under sub-paragraph (5)(a) or (b) of that paragraph), or

(ii) where no regulations are in force under sub-paragraph (2) of paragraph 2 that apply in relation to the offer, sub-paragraphs (1) and (4) of that paragraph (read with any regulations in force under sub-paragraph (5)(a) of that paragraph).

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

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) the guaranteed hours offer that the hirer has made to the agency worker in relation to that reference period does not comply with paragraph 2(6).

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

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

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

(i) limited (by whatever means) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer, or

(ii) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

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

(5) An agency worker may present a complaint to an employment tribunal that the duty imposed by paragraph 1(1) would have applied to a hirer in relation to the agency worker and a particular reference period if the hirer had not, during that reference period—

(a) limited (by whatever means) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer, or

(b) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and a work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of preventing the agency worker from satisfying, in relation to that reference period, the condition in paragraph 1(3)(a) or (b).

(6) A complaint under sub-paragraph (2), (3) or (4)—

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

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

(i) treated as having been withdrawn by virtue of paragraph 5(2) or regulations under paragraph 5(6), or

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

(7) An agency worker may present a complaint to an employment tribunal that a hirer—

(a) has failed to give to the agency worker a notice under paragraph 5(8) or (9);

(b) has given to the agency worker a notice under paragraph 5(8) or (9)(b) in circumstances in which the hirer should not have done so;

(c) has given to the agency worker a notice in purported compliance with paragraph 5(9) that does not refer to any provision of the regulations or refers to the wrong provision.

(8) In this paragraph, “the last day of the offer period”, in relation to a reference period, means the day specified under paragraph 2(11)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

Complaints to employment tribunals against a work-finding agency: grounds

9 (1) An agency worker may present a complaint to an employment tribunal, against a relevant work-finding agency, that—

(a) the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a particular reference period, but

(b) during that reference period the relevant work-finding agency—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer, or

(ii) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of enabling the hirer to comply with the duty by making an offer to the agency worker on terms requiring the hirer to provide, and the agency worker to do, less work than would otherwise have been the case.

(2) An agency worker may present a complaint to an employment tribunal, against a relevant work-finding agency, that the duty imposed by paragraph 1(1) would have applied to a hirer in relation to the agency worker and a particular reference period if the relevant work-finding agency 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 that the agency worker was requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer, or

(b) caused the agency worker to be requested or required, by virtue of a worker’s contract or arrangement between the agency worker and the relevant work-finding agency, to work for and under the supervision and direction of the hirer in the way that the agency worker was,

for the sole or main purpose of preventing the agency worker from satisfying, in relation to that reference period, the condition in paragraph 1(3)(a)or (b).

(3) A complaint under sub-paragraph (1)—

(a) may be presented whether or not an offer has been made by the hirer to the agency worker and, if it has, whether or not the offer has been accepted by the agency worker, but

(b) where an offer has been made, may not be presented where the offer is—

(i) treated as having been withdrawn by virtue of paragraph 5(2) or regulations under paragraph 5(6), or

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

(4) For the purposes of sub-paragraphs (1) and (2), references to a “relevant work-finding agency”, in relation to an agency worker, a hirer and a reference period, are to a work-finding agency with which the agency worker had a worker’s contract or arrangement by virtue of which the agency worker was (or could have been) supplied to work for and under the supervision and direction of the hirer during the reference period in question.

(5) An agency worker may present a complaint to an employment tribunal that a work-finding agency has failed to comply with—

(a) the duty imposed by paragraph 7(1);

(b) the duty imposed by paragraph 7(2).

Complaints to employment tribunals: time limits

10 (1) An employment tribunal must not consider a complaint under paragraph 8(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 paragraph 8(8)).

(2) An employment tribunal must not consider a complaint under paragraph 8(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 paragraph 8(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 paragraph 8(5) or 9(2) 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 paragraph 8(8)) if the duty in paragraph 1(1) had applied.

(5) An employment tribunal must not consider a complaint under paragraph 8(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 paragraph 5(8) and (10)).

(6) An employment tribunal must not consider a complaint under paragraph 8(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 paragraph 9(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 paragraph 8(8)).

(8) An employment tribunal must not consider a complaint under paragraph 9(5)(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 paragraph 7(3)and (4)).

(9) An employment tribunal must not consider a complaint under paragraph 9(5)(b) unless it is presented before the end of the period of six months beginning with the day on which the agency worker first becomes aware of the failure to which the complaint relates.

(10) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under paragraph 8 or 9 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.

(11) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraphs (1) to (9).

Remedies

11 (1) Where an employment tribunal finds a complaint under paragraph 8 or 9 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 respondent to the agency worker.

(2) The amount of compensation under sub-paragraph (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 agency worker for any financial loss sustained by the agency 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 sub-paragraph (2), “the permitted maximum” is—

(a) where the complaint is under paragraph 8(1), (2), (3) or (7) or 9(5), such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under paragraph 8(4) or (5) or 9(1) or (2), such amount as the Secretary of State may specify in regulations.

(5) For the purposes of determining the permitted maximum for an award of compensation to be paid by a hirer (where the complaint is under paragraph 8(1), (2), (3) or (7))—

(a) the amount of a week’s pay is (subject to paragraph (b)) the amount of average weekly remuneration received by the agency worker for working for and under the supervision and direction of the hirer in the reference period in question;

(b) the amount of a week’s pay is not to exceed the amount specified in section 227(1) (as amended from time to time).

(6) For the purposes of determining the permitted maximum for an award of compensation to be paid by a work-finding agency (where the complaint is under paragraph 9(5))—

(a) the amount of a week’s pay is (subject to paragraph (b)) the amount of average weekly remuneration received by the agency worker, in the relevant period, for working for and under the supervision and direction of a hirer (or, if more than one, all of the hirers taken together) by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker;

(b) the amount of a week’s pay is not to exceed the amount specified in section 227(1) (as amended from time to time);

(c) “the relevant period” means—

(i) where the worker’s contract or arrangement between the agency worker and the work-finding agency ceased to be in force on or before the date the complaint was presented to the employment tribunal, the period of 12 weeks (or, if it was not in force for 12 weeks, the shorter period for which it was in force) ending with the latest day before the last day on which it was in force on which the agency worker worked for and under the supervision and direction of the hirer, or (if more than one) one of the hirers, referred to in paragraph (a);

(ii) where the worker’s contract or arrangement between the agency worker and the work-finding agency did not so cease to be in force, the period of 12 weeks (or, if it had not then been in force for 12 weeks, the shorter period for which it had been in force) ending with the latest day before the date on which the complaint was presented to the employment tribunal on which the agency worker worked for and under the supervision and direction of the hirer, or (if more than one) one of the hirers, referred to in paragraph (a);

(d) Chapter 2 of Part 14 does not apply (and this paragraph applies instead), where the agency worker to whom compensation is to be paid is an employee of the work-finding agency.

Power to change the effect of Part 1 of Schedule A1

12 (1) The Secretary of State may by regulations make provision that, in relation to specified descriptions of agency workers, has the effect that—

(a) a hirer is not required by this Part of this Schedule to make a guaranteed hours offer, and

(b) a work-finding agency, or another person involved in the supply or payment of an agency worker, is instead required to make a corresponding or similar offer (and is liable to have a complaint against them presented to an employment tribunal on grounds corresponding or similar to those in paragraph 8).

(2) The provision referred to in sub-paragraph (1) may be made by amending this Act (or otherwise).

(3) Regulations under sub-paragraph (1) may make consequential provision, including provision amending—

(a) an Act of Parliament (including this Act);

(b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

(c) an Act of the Scottish Parliament.

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

Application of Part 2 of Schedule A1

13 (1) This Part of this Schedule applies in relation to a shift that would be (or would have been) worked, or is being worked, by an individual as an agency worker.

(2) But nothing in this Part of this Schedule applies in relation to a shift that would be (or would have been) worked, or is being worked, by an individual as an agency worker if, in relation to the agency worker, the shift is an excluded shift.

(3) For the purposes of this Part of this Schedule, “excluded shift”, in relation to an agency worker, means a shift of a specified description.

(4) Regulations under sub-paragraph (3) may, in particular, specify a description of shift by reference to—

(a) the amount payable for working the shift being more than a specified amount;

(b) the number of hours to be worked during the shift, whether alone or taken together with other shifts of a specified description, being more than a specified number;

(c) the shift corresponding to the time of a shift provided for by a worker’s contract between the agency worker and a work-finding agency or another person involved in the supply or payment of the agency worker (and where the regulations so specify a description of shift, the regulations may include provision similar or corresponding to section 27BJ(6)).

(5) In the application of this Part of this Schedule in relation to an agency worker and a shift, references to—

(a) “the work-finding agency” are to the work-finding agency with which the agency worker has a worker’s contract or an arrangement and by virtue of which the agency worker would work (or would have worked) or is working the shift;

(b) “the hirer” are to the person for and under the supervision and direction of whom the agency worker would work (or would have worked) or is working the shift.

Right to reasonable notice of a shift

14 (1) An agency worker is entitled to be given, by the work-finding agency or the hirer, reasonable notice of a shift that the agency worker is requested or required to work by virtue of the worker’s contract or arrangement that the agency worker has with the work-finding agency.

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

(3) In this paragraph and paragraphs 15 and 16, “notice of a shift” means notice of how many hours are to be worked during the shift and when the shift is to start and end.

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

15 (1) Sub-paragraph (2) applies in relation to an agency worker where—

(a) the agency worker has been given notice of a shift by the work-finding agency or the hirer, and

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

(2) The agency worker is entitled to be given, by the work-finding agency or the hirer, reasonable notice of—

(a) the cancellation of the shift;

(b) any change requested or required by virtue of the worker’s contract or arrangement that the agency worker has with the work-finding agency 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 paragraph 18).

(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 sub-paragraph (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 sub-paragraph (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 sub-paragraph (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.

Paragraphs 14 and 15: liability of work-finding agency and hirer

16 (1) The work-finding agency is liable for a breach of paragraph 14 or 15, in relation to an agency worker and a shift, to the extent that it is responsible for the breach.

(2) The hirer is liable for a breach of paragraph 14 or 15, in relation to an agency worker and a shift, to the extent that it is responsible for the breach.

(3) For the purposes of this Part of this Schedule, the hirer is not responsible for a breach of paragraph 14 or 15 in relation to an agency worker and a shift (and accordingly is not liable for the breach) if—

(a) the hirer gives notice to the work-finding agency of the shift or (as the case may be) of the cancellation of, or change to, the shift, and

(b) that notice is such as to enable the work-finding agency to give reasonable notice to the agency worker under paragraph 14 or 15.

(4) The Secretary of State may by regulations provide, in relation to an agency worker and a shift, that the work-finding agency is solely responsible for a breach of paragraph 14 or 15 (and accordingly is solely liable for the breach) where the hirer is a person of a specified description.

Paragraphs 14 to 16: supplementary

17 (1) Where an agency worker suggests working a shift and the work-finding agency or the hirer agrees to the suggestion—

(a) nothing in paragraph 14 applies in relation to the shift as suggested by the agency worker, but

(b) paragraph 15(2) applies (even though the conditions in paragraph 15(1) have not been met).

(2) In paragraphs 14 and 15, references to a request made to an agency worker to work a shift include a request (a “multi-worker request”) made to the agency worker and one or more others in circumstances where not all of those to whom the request is made are needed to work the shift.

(3) For the purposes of paragraph 15, where a multi-worker request has been made to an agency worker in relation to a shift, references to the cancellation of the shift include the agency worker not being needed to work the shift because one or more others have agreed to work it.

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

(a) the form and manner in which notices under paragraphs 14 to 16 must be given;

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

Interaction with Part 3 of Schedule A1

18 (1) Where a work-finding agency—

(a) is required to make a payment to an agency worker under paragraph 22(1) in relation to a shift that is cancelled, moved or curtailed at short notice, or

(b) would have been required to make such a payment in relation to the shift but for provision made under paragraph 24(1)(c),

nothing in paragraph 15(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 paragraph have the same meaning as in paragraph 22.

Complaints to employment tribunals

19 (1) An agency worker may present a complaint to an employment tribunal that the work-finding agency or the hirer is liable for a breach of paragraph 14 or 15 in relation to the agency worker and a shift.

(2) Where, in determining whether a complaint under this paragraph 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 paragraph unless it is presented before the end of the period of six months beginning with—

(a) where the complaint is that the work-finding agency or the hirer is liable for a breach of paragraph 14 in relation to the agency worker and a shift, the day on which the shift was due to start;

(b) where the complaint is that the work-finding agency or the hirer is liable for a breach of paragraph 15(2) in relation to the agency worker and 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 work-finding agency or the hirer is liable for a breach of paragraph 15(2) in relation to the agency worker and 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 sub-paragraph (3).

Remedies

20 (1) Where an employment tribunal finds a complaint under paragraph 19 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 respondent to the agency worker.

(2) The amount of compensation under sub-paragraph (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 agency worker for any financial loss sustained by the agency 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) Where an employment tribunal makes an award of compensation under sub-paragraph (1)(b) to an agency worker in relation to a shift and both the work-finding agency and the hirer are respondents, the amount of compensation payable by each respondent is to be such amount (if any) as the tribunal considers just and equitable having regard to the extent of each respondent’s responsibility for the breach to which the complaint relates.

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

Application of Part 3 of Schedule A1

21 (1) This Part of this Schedule applies in relation to a shift that would be (or would have been) worked, or is being worked, by an individual as an agency worker.

(2) In the application of this Part of this Schedule in relation to an agency worker and a shift, references to—

(a) “the work-finding agency” are to the work-finding agency with which the agency worker has a worker’s contract or an arrangement and by virtue of which the agency worker would work (or would have worked) or is working the shift;

(b) “the hirer” are to the person for and under the supervision and direction of whom the agency worker would work (or would have worked) or is working the shift.

Right to payment for a cancelled, moved or curtailed shift

22 (1) A work-finding agency must make a payment of a specified amount to an agency worker each time that, by virtue of the worker’s contract or arrangement that the agency worker has with the work-finding agency, there is a cancellation, movement or curtailment at short notice of a shift—

(a) that the agency worker has been informed they are required to work for the hirer (by virtue of that worker’s contract or arrangement),

(b) that the agency worker has been requested to work for the hirer (by virtue of that worker’s contract or arrangement) and the agency worker has agreed to work, or

(c) that the agency worker has suggested working for the hirer and it has been agreed (by virtue of that worker’s contract or arrangement) that the agency worker is to work,

(but see paragraph 24 for exceptions to this duty).

(2) A payment that a work-finding agency is required to make under sub-paragraph (1) must be made by no later than the specified day.

(3) For the purposes of this Part of this Schedule, “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.

(4) 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 to an agency worker for the purposes of this Part of this Schedule.

(5) For the purposes of this Part of this Schedule, 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.

(6) In this Part of this Schedule, references to a request made to an agency worker to work a shift include a request (a “multi-worker request”) made to the agency worker and one or more others in circumstances where not all of those to whom the request is made are needed to work the shift.

(7) For the purposes of this Part of this Schedule, where a multi-worker request has been made to an agency worker in relation to a shift, references to the cancellation of the shift include the agency worker not being needed to work the shift because one or more others have agreed to work it.

Regulations under paragraph 22: supplementary

23 (1) Regulations under paragraph 22(1) may not specify an amount to be paid to an agency 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 agency 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 agency 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 agency 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 agency 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 paragraph 22(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 paragraph 22(3) may not specify an amount of time that exceeds 7 days.

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

24 (1) The requirement to make a payment under paragraph 22(1) does not apply—

(a) in relation to the cancellation, movement or curtailment of a shift if, in relation to the agency worker, the shift is an excluded shift;

(b) in relation to the cancellation, movement or curtailment of a shift that an agency worker has been requested to work, unless the agency 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 (whether circumstances relating to the work-finding agency, the hirer or otherwise).

(2) In sub-paragraph (1)(a), “excluded shift”, in relation to an agency worker, means a shift of a specified description.

(3) Regulations under sub-paragraph (2) may, in particular, specify a description of shift by reference to—

(a) the amount payable for working the shift being more than a specified amount;

(b) the number of hours to be worked during the shift, whether alone or taken together with other shifts of a specified description, being more than a specified number;

(c) the shift corresponding to the time of a shift provided for by a worker’s contract between the agency worker and a work-finding agency or another person involved in the supply or payment of the agency worker (and where the regulations so specify a description of shift, the regulations may include provision similar or corresponding to section 27BP(4)).

(4) Where, by virtue of regulations made under sub-paragraph (1)(c), a work-finding agency is not required to make a payment to an agency worker in relation to a shift under paragraph 22(1), the work-finding agency must give a notice to the agency worker that—

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

(b) explains why the work-finding agency was entitled to rely on that provision so as not to make the payment to the agency worker under paragraph 22(1).

(5) But sub-paragraph (4)(b) does not require a work-finding agency to disclose—

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

(b) any information that is commercially sensitive;

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

(6) In sub-paragraph (5)(a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

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

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

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

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

(8) The duty in sub-paragraph (4) is to be taken not to have applied if—

(a) the work-finding agency or another person pays to the agency worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the work-finding agency would have been required to make to the agency worker under paragraph 22(1) in relation to the same number of hours but for regulations made under sub-paragraph (1)(c), and

(b) the payment is made on or before the day on which the payment under paragraph 22(1) would have had to be made if the work-finding agency had been required to make it.

(9) Sub-paragraph (4) of paragraph 25 applies for the purposes of sub-paragraph (8) of this paragraph as it applies for the purposes of sub-paragraphs (2) and (3) of that paragraph.

Contractual remuneration

25 (1) The right of an agency worker to receive a payment from a work-finding agency under paragraph 22(1) does not affect any right of the agency worker in relation to remuneration under a worker’s contract (whether with the work-finding agency or another person) (“contractual remuneration”).

(2) Any contractual remuneration paid to an agency worker in relation to a number of hours goes towards discharging any liability of the work-finding agency to make a payment to the agency worker under paragraph 22(1) in relation to the same hours.

(3) Any payment made by a work-finding agency to an agency worker under paragraph 22(1) in relation to a number of hours goes towards discharging any liability to pay contractual remuneration to the agency worker in relation to the same hours.

(4) For the purposes of sub-paragraphs (2) and (3), the hours to which a payment under paragraph 22(1) relates are—

(a) where a shift has been cancelled, the hours that would have been worked (by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker) 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 (by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker) 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 (by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker) 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 (by virtue of the worker’s contract or arrangement between the work-finding agency and the agency worker) if the shift had not been curtailed, or moved and curtailed.

Complaints to employment tribunal

26 (1) An agency worker may present a complaint to an employment tribunal that, in relation to a shift, the work-finding agency—

(a) has failed to make the whole or any part of a payment that the work-finding agency is liable to make to the agency worker under paragraph 22(1);

(b) has unreasonably failed to give to the agency worker a notice under paragraph 24(4);

(c) has given to the agency worker a notice in purported compliance with paragraph 24(4) that—

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

(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 sub-paragraph (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 paragraph 22(2)).

(3) An employment tribunal must not consider a complaint under sub-paragraph (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 paragraph 24(7)(b)).

(4) An employment tribunal must not consider a complaint under sub-paragraph (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 paragraph 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 sub-paragraphs (2) to (4).

(7) Where—

(a) an agency worker presents a complaint to an employment tribunal under sub-paragraph (1)(c) that, in relation to a shift, the work-finding agency has given to the agency worker a notice in purported compliance with paragraph 24(4) that refers to the wrong provision of the regulations or contains an explanation that is inadequate or untrue, and

(b) the work-finding agency claims that it was provided by the hirer with information for the purposes of the notice that was wrong, inadequate or untrue,

the work-finding agency may request the employment tribunal to direct that the hirer be added as a party to the proceedings.

(8) A request under sub-paragraph (7) must be granted if it is made before the hearing of the complaint begins, but may be refused if it is made after that time; and no such request may be made after the tribunal has made its decision as to whether the complaint is well-founded.

(9) The Secretary of State may by regulations provide that sub-paragraph (7) does not apply in relation to a hirer of a specified description.

Remedies

27 (1) Where an employment tribunal finds a complaint under paragraph 26(1)(a) well-founded, the tribunal must—

(a) make a declaration to that effect, and

(b) order the work-finding agency to pay to the agency worker the amount of the payment under paragraph 22(1) which it finds is due to the agency worker.

(2) Where an employment tribunal finds a complaint under paragraph 26(1)(b) or (c) well-founded, the tribunal—

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

(b) may order the work-finding agency to make a payment to the agency 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 sub-paragraph (2)(b) relating to a notice given in purported compliance with paragraph 24(4) if the tribunal makes an order under sub-paragraph (1)(b) relating to the same payment to which the notice related.

(4) In determining—

(a) whether to make an order under sub-paragraph (2)(b), and

(b) if so, how much to order the work-finding agency to pay,

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

(5) If, following the making of a request under paragraph 26(7), an employment tribunal has added the hirer as a party to the proceedings and the tribunal—

(a) finds the complaint under paragraph 26(1)(c) well-founded (so far as relating to the notice referring to the wrong provision of the regulations or containing an explanation that is inadequate or untrue),

(b) makes an award of compensation under sub-paragraph (2)(b), and

(c) also finds that the hirer did provide the work-finding agency with information for the purposes of the notice that was wrong, inadequate or untrue,

it may order that the compensation is to be paid by the hirer instead of by the work-finding agency, or partly by the hirer and partly by the work-finding agency (with the amount of the compensation payable by each being such amount as the tribunal considers just and equitable in the circumstances).

(6) Where an employment tribunal finds as described in sub-paragraph (5)(c), the hirer is to be treated for the purposes of section 12A and Part 2A of the Employment Tribunals Act 1996 (financial penalties) as an employer and as having breached the right of the agency worker to which the complaint under paragraph 26(1)(c) relates.

Recovery of payment by work-finding agency from hirer: pre-existing arrangements

28 (1) Where, in compliance with paragraph 22(1), a work-finding agency makes a payment to an agency worker in relation to a shift that the agency worker was to be, or was, supplied to work by virtue of a pre-existing arrangement involving the work-finding agency and the hirer, the work-finding agency is entitled to recover from the hirer the proportion of the payment (up to the full amount of it) that reflects the hirer’s responsibility for the shift having been cancelled, moved or curtailed at short notice.

(2) The Secretary of State may by regulations provide that sub-paragraph (1) does not apply in relation to a hirer of a specified description.

(3) A “pre-existing arrangement” means an arrangement—

(a) that was entered into on or before the last day of the period of two months beginning with the day on which the Employment Rights Act 2025 was passed, and

(b) that has not been modified by the work-finding agency and the hirer after the last day of that period.

(4) The reference in sub-paragraph (1) to a payment made in compliance with paragraph 22(1) includes a payment made by virtue of an order under paragraph 27(1)(b).

(5) Sub-paragraph (1) applies whether the agency worker was to be, or was, supplied to work for and under the supervision and direction of the hirer by the work-finding agency or by another person.”

Section 6

Schedule 2 E+W+S Consequential amendments relating to sections 1 to 5

Prospective

Insolvency Act 1986 E+W+S

1 In the Insolvency Act 1986, in Schedule 6 (categories of preferential debts), in paragraph 13(2), before paragraph (a) insert—

“(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift);”.

Commencement Information

I2 Sch. 2 para. 1 not in force at Royal Assent, see s. 159(3)

Employment Tribunals Act 1996 E+W+S

2 The Employment Tribunals Act 1996 is amended as follows.

Commencement Information

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

I4 Sch. 2 para. 2 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a)

3 (1) Section 12A (financial penalties) is amended as follows. E+W+S

(2) In subsection (11), in the definition of “employer”, after paragraph (a) insert—

“(aa)

in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

(ab)

in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule;

(ac)

in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule;

(ad)

in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section;”.

(3) In that subsection, in the definition of “worker”, for the words from “includes” to the end of the definition substitute “—

(a)

includes an individual seeking to be employed by a person as a worker;

(b)

in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

(c)

in relation to a right conferred by—

(i)

Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996,

(ii)

Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, or

includes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).”

Commencement Information

I5 Sch. 2 para. 3 not in force at Royal Assent, see s. 159(3)

4 (1) Section 16 (power to provide for recoupment of benefits) is amended as follows. E+W+S

(2) In subsection (1), after paragraph (d) insert—

“(da) payments under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996,”.

(3) At the end insert—

“(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part;

(b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.

(8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act—

(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.

(10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act—

(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter.

(12) In the application of this section to payments under paragraph 22(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.”

Commencement Information

I6 Sch. 2 para. 4 not in force at Royal Assent, see s. 159(3)

I7 Sch. 2 para. 4 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a)

5 E+W+S In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—

(a) after “23,” insert “27BG, 27BN, 27BT, 27BY(5),”;

(b) after “177 of” insert “, or paragraph 8, 9, 19 or 26 of Schedule A1 to,”.

Commencement Information

I8 Sch. 2 para. 5 not in force at Royal Assent, see s. 159(3)

Employment Rights Act 1996 E+W+S

6 The Employment Rights Act 1996 is amended as follows.

Commencement Information

I9 Sch. 2 para. 6 not in force at Royal Assent, see s. 159(3)

I10 Sch. 2 para. 6 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(b)

7 E+W+S In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in subsection (1)—

(a) after the paragraph (ce) inserted by the Neonatal Care (Leave and Pay) Act 2023 insert—

“(cf) a payment under section 27BP(1) of this Act (payment for a cancelled, moved or curtailed shift),”;

(b) after paragraph (cf) (inserted by paragraph (a)) insert—

“(cg) a payment under paragraph 22(1) of Schedule A1 to this Act (agency workers: payment for a cancelled, moved or curtailed shift),”;

(c) renumber the paragraph (ce) inserted by the Employment (Allocation of Tips) Act 2023 as paragraph (ch).

Commencement Information

I11 Sch. 2 para. 7 not in force at Royal Assent, see s. 159(3)

8 E+W+S In section 27A (exclusivity terms unenforceable in zero hours contracts), omit subsections (1) and (2).

Commencement Information

I12 Sch. 2 para. 8 not in force at Royal Assent, see s. 159(3)

9 E+W+S In section 27B (power to make further provision in relation to zero hours workers)—

(a) omit subsection (4);

(b) in subsection (6)(a) and (b) (inserted by section 8), for “prescribed” substitute “specified”;

(c) omit subsections (7) and (8).

Commencement Information

I13 Sch. 2 para. 9 not in force at Royal Assent, see s. 159(3)

10 E+W+S After section 47G insert—

“47H Zero hours workers and similar

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that the worker—

(a) accepted, or proposed to accept, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(b) rejected, or proposed to reject, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that the employer failed to comply with a duty imposed by section 27BJ or 27BK in relation to the shift,

(d) brought proceedings against the employer under—

(i) section 27BG,

(ii) section 27BN,

(iii) section 27BT, or

(iv) section 27BY(5), or

(e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the worker referred to the possibility of bringing such proceedings).

(2) The reference in subsection (1)(b) to a worker who rejected an offer includes a reference to a worker who is to be treated as having rejected an offer (see section 27BE(7)).

(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that—

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

(b) the employer believes that that duty so applies.

(5) This section does not apply where—

(a) the worker is an employee, and

(b) the detriment in question amounts to dismissal within the meaning of Part 10.

(6) References to “worker” and “employer” in this section, section 48(1BA) and section 49 so far as relating to a complaint under section 48(1BA) are to be read with the modifications set out in—

(a) section 27BJ(7), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BJ or 27BK;

(b) section 27BP(8), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BP(1) or 27BR(2).

(7) In this section “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”

Commencement Information

I14 Sch. 2 para. 10 not in force at Royal Assent, see s. 159(3)

11 E+W+S After section 47H (inserted by paragraph 10) insert—

“47I Agency workers and Schedule A1 rights

(1) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that the agency worker—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that there had been a failure to comply with a duty imposed by paragraph 14 or 15 of Schedule A1 in relation to the shift,

(d) brought proceedings under—

(i) paragraph 8 or 9 of Schedule A1,

(ii) paragraph 19 of Schedule A1,

(iii) paragraph 26 of Schedule A1, or

(iv) section 27BY(5), or

(e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the agency worker referred to the possibility of bringing such proceedings).

(2) The reference in subsection (1)(b) to an agency worker who rejected an offer includes a reference to an agency worker who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1).

(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the agency worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the agency worker and a particular reference period, or

(b) the relevant person believes that that duty so applies.

(5) This section does not apply where—

(a) the worker is an employee of the relevant person, and

(b) the detriment in question amounts to dismissal within the meaning of Part 10.

(6) For the purposes of this section, a person is a “relevant person”, in relation to an agency worker, if the person is (or has been)—

(a) a 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 another person;

(b) a person for and under the supervision and direction of whom the agency worker is (or is to be) supplied to work;

(c) a person who is (or is to be) involved in the supply of the agency worker to a person falling within paragraph (b) or the payment of the agency worker for work done for such a person.

(7) In this section—

• “agency worker” has the same meaning as in Part 2A (see section 27BV);

• “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

• “work-finding agency” has the same meaning as in Part 2A (see section 27BV).”

Commencement Information

I15 Sch. 2 para. 11 not in force at Royal Assent, see s. 159(3)

12 (1) Section 48 (enforcement) is amended as follows. E+W+S

(2) After subsection (1B) insert—

“(1BA) A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 47H.”

(3) After subsection (1BA) (inserted by sub-paragraph (2)) insert—

“(1BB) An agency worker (within the meaning of Part 2A) may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47I.”

(4) In subsection (2), for “or (1B)” substitute “, (1B) or (1BA)”.

(5) After subsection (2A) insert—

“(2B) On a complaint under subsection (1BB) it is for the relevant person (within the meaning of section 47I) to show the ground on which any act, or deliberate failure to act, was done.”

(6) In subsection (4), in the words after paragraph (b), after “hirer” insert “, or a relevant person (within the meaning of section 47I),”.

(7) In subsection (6), after “49” insert “, except so far as relating to an alleged detriment in contravention of section 47I,”.

Commencement Information

I16 Sch. 2 para. 12 not in force at Royal Assent, see s. 159(3)

13 (1) Section 49 (remedies) is amended as follows. E+W+S

(2) In subsection (1), for “or (1B)” substitute “, (1B) or (1BA)”.

(3) After subsection (1A) insert—

“(1B) Where an employment tribunal finds a complaint under section 48(1BB) 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 relevant person (within the meaning of section 47I) to the complainant in respect of the act or failure to act to which the complaint relates.”

(4) In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.

(5) In that subsection, after “(7A)” insert “and (7B)”.

(6) After subsection (7) insert—

“(7A) Where—

(a) the complaint is made under section 48(1BA),

(b) the detriment to which the worker is subjected is the termination of the worker’s contract, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for a reason specified in section 104BA.”

(7) After subsection (7A) (inserted by sub-paragraph (6)) insert—

“(7B) Where—

(a) the complaint is made under section 48(1BB),

(b) the detriment to which the agency worker is subjected is the termination of a worker’s contract between the agency worker and the relevant person, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the agency worker had been an employee and had been dismissed for a reason specified in section 104BB (and “agency worker” and “relevant person” have the same meaning in this subsection as in section 47I).”

Commencement Information

I17 Sch. 2 para. 13 not in force at Royal Assent, see s. 159(3)

14 E+W+S After section 104B insert—

“104BA Guaranteed hours

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) accepted, or proposed to accept, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1), or

(b) rejected, or proposed to reject, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1).

(2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see section 27BE(7)).

(3) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under section 27BG(4), (5) or (7)(b) or 27BY(5), or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings).

(In relation to other proceedings under section 27BG, see section 104.)

(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

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

(a) the duty imposed by section 27BA(1) applies to the employee’s employer in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of complying with that duty in relation to the employee and that reference period.

(6) In this section, “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”

Commencement Information

I18 Sch. 2 para. 14 not in force at Royal Assent, see s. 159(3)

15 E+W+S After section 104BA (inserted by paragraph 14) insert—

“104BB Guaranteed hours: agency workers

(1) An employee who is dismissed by a relevant person (who is their employer) is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, or

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1.

(2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1).

(3) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under paragraph 9(1) or (2) of Schedule A1, or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings).

(In relation to other proceedings under paragraph 9 of Schedule A1, see section 104.)

(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(5) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of that duty having to be complied with in relation to the employee and the reference period.

(6) In this section—

• “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

• “relevant person” means a person falling within subsection (6)(a) or (c) of section 47I.”

Commencement Information

I19 Sch. 2 para. 15 not in force at Royal Assent, see s. 159(3)

16 E+W+S In section 105 (redundancy)—

(a) after subsection (7B) insert—

“(7BZA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was—

(a) the reason specified in subsection (1)(a) or (5) of section 104BA,

(b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or

(c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).”;

(b) after subsection (7BZA) (inserted by paragraph (a)) insert—

“(7BZB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was—

(a) the reason specified in subsection (1)(a) or (5) of section 104BB,

(b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or

(c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).”

Commencement Information

I20 Sch. 2 para. 16 not in force at Royal Assent, see s. 159(3)

17 E+W+S In section 108 (qualifying period of employment), in subsection (3)—

(a) after paragraph (gh) insert—

“(gha) any of the following provisions of section 104BA applies—

(i) subsection (1)(a) or (5),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (3) (read with subsection (4) of that section),”;

(b) after paragraph (gha) (inserted by paragraph (a)) insert—

“(ghb) any of the following provisions of section 104BB applies—

(i) subsection (1)(a) or (5),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (3) (read with subsection (4) of that section),”.

Commencement Information

I21 Sch. 2 para. 17 not in force at Royal Assent, see s. 159(3)

18 E+W+S In section 184 (debts to which Part 12 of the Act (insolvency of employers) applies), in subsection (2), before paragraph (a) insert—

“(za) a payment under section 27BP(1) or paragraph 22(1) of Schedule A1,”.

Commencement Information

I22 Sch. 2 para. 18 not in force at Royal Assent, see s. 159(3)

19 E+W+S In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB”.

Commencement Information

I23 Sch. 2 para. 19 not in force at Royal Assent, see s. 159(3)

20 (1) Section 194 (House of Lords staff) is amended as follows. E+W+S

(2) After subsection (2)(a) insert—

“(aza) Part 2A, apart from Chapter 1 of that Part,”.

(3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

Commencement Information

I24 Sch. 2 para. 20 not in force at Royal Assent, see s. 159(3)

21 (1) Section 195 (House of Commons staff) is amended as follows. E+W+S

(2) After subsection (2)(a) insert—

“(aza) Part 2A, apart from Chapter 1 of that Part,”.

(3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

Commencement Information

I25 Sch. 2 para. 21 not in force at Royal Assent, see s. 159(3)

22 (1) Section 199 (mariners) is amended as follows. E+W+S

(2) In subsection (8), for paragraph (b) substitute—

“(b) Part 2,

(bza) Part 2A, apart from Chapter 1 of that Part,

(bzb) Parts 2B, 3 and 5,”.

(3) After subsection (8) insert—

“(9) In the application of subsection (7) to the provisions mentioned in subsection (8)(bza), the reference in subsection (7)(b) to a contract of employment is to be read as a reference to a worker’s contract.”

Commencement Information

I26 Sch. 2 para. 22 not in force at Royal Assent, see s. 159(3)

23 E+W+S In section 200 (police officers), in subsection (1)—

(a) after “8 to 10,” insert “Chapters 2 to 4 of Part 2A,”;

(b) after “47C,” insert “47H,”.

Commencement Information

I27 Sch. 2 para. 23 not in force at Royal Assent, see s. 159(3)

24 (1) Section 202 (national security restrictions on disclosure of information) is amended as follows. E+W+S

(2) In subsection (2), after paragraph (a) insert—

“(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),”.

(3) In subsection (2)(b), for “and 47C” substitute “, 47C, 47H and 47I”.

(4) In subsection (2)(g)(i)—

(a) for “or 103” substitute “, 103, 104BA or 104BB”;

(b) after “application” insert “in relation to rights conferred by Chapters 2 to 6 of Part 2A (including Schedule A1) or”.

(5) In subsection (2)(g)(ii), for “or (6)” substitute “, (6), (7BZA) or (7BZB)”.

Commencement Information

I28 Sch. 2 para. 24 not in force at Royal Assent, see s. 159(3)

25 (1) Section 205 (remedy for infringement of certain rights) is amended as follows. E+W+S

(2) In subsection (1), after “section 8,” insert “Chapters 2 to 4 of Part 2A,”.

(3) After subsection (1A) insert—

“(1B) In relation to the rights conferred by—

(a) Chapters 2 to 4 of Part 2A, and

(b) section 47H,

the reference in subsection (1) to an employee has effect as a reference to a worker, read (where relevant) in accordance with section 27BJ(7) or 27BP(8) (as the case may be).”

(4) After subsection (2) insert—

“(3) The remedy of an agency worker (within the meaning of Part 2A) for infringement of any of the rights conferred by Parts 1 to 3 of Schedule A1 and section 47I is, where provision is made for a complaint to an employment tribunal, by way of such a complaint and not otherwise.”

Commencement Information

I29 Sch. 2 para. 25 not in force at Royal Assent, see s. 159(3)

26 (1) Section 206 (institution or continuance of tribunal proceedings) is amended as follows. E+W+S

(2) In subsection (2), after paragraph (a) insert—

“(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),”.

(3) After subsection (9) insert—

“(10) In the application of this section and section 207 in relation to Chapter 2, 3 or 4 of Part 2A, or Chapter 6 of Part 2A so far as relating to Chapter 2 of that Part, references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.

(11) In the application of this section and section 207 in relation to Chapter 3 or 4 of Part 2A, references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part.

(12) In the application of this section and section 207 in relation to Chapter 5 of Part 2A (including Schedule A1), or Chapter 6 of Part 2A so far as relating to Part 1 of Schedule A1—

(a) references to an employer are to be read as if they were references to—

(i) a hirer, or

(ii) a work-finding agency, and

(b) references to an employee are to be read as if they were references to an agency worker,

within the meaning of Chapter 5 of Part 2A (including Schedule A1).

(13) In the application of this section and section 207 in relation to section 47H—

(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.

(14) In the application of this section and section 207 in relation to section 47I—

(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A.”

Commencement Information

I30 Sch. 2 para. 26 not in force at Royal Assent, see s. 159(3)

27 E+W+S In section 225 (calculation date for purposes of working out a week’s pay), before subsection (1) insert—

“(A1) Where the calculation is for the purposes of section 27BI, the calculation date is—

(a) where the complaint is under section 27BG(1), (2), (3) or (7), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract;

(b) where the complaint is under section 27BG(8)—

(i) the date on which the complaint was presented to the employment tribunal, or

(ii) if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed.

(B1) Where the calculation is for the purposes of section 27BI as applied by section 27BY(6)(a) in relation to a complaint under section 27BY(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.”

Commencement Information

I31 Sch. 2 para. 27 not in force at Royal Assent, see s. 159(3)

I32 Sch. 2 para. 27 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(c)

28 E+W+S In section 227 (maximum amount of week’s pay), in subsection (1), before paragraph (zza) insert—

“(zzza) an award of compensation under section 27BI(1)(b),”.

Commencement Information

I33 Sch. 2 para. 28 not in force at Royal Assent, see s. 159(3)

29 E+W+S In section 235 (definitions for purposes of the Act)—

(a) in subsection (1), in paragraph (b) of the definition of “week”, after “86” insert “and paragraph 11 of Schedule A1”;

(b) in subsection (2A) (definition of “limited-term contract”), after “contract of employment” insert “or other worker’s contract”;

(c) in subsection (2B) (definition of “limiting event”), in the words before paragraph (a), after “contract of employment” insert “or other worker’s contract”.

Commencement Information

I34 Sch. 2 para. 29 not in force at Royal Assent, see s. 159(3)

I35 Sch. 2 para. 29 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(d)

30 E+W+S In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure)—

(a) after “27B,” insert “27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ,”;

(b) after “209,” insert “or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1,”.

Commencement Information

I36 Sch. 2 para. 30 not in force at Royal Assent, see s. 159(3)

I37 Sch. 2 para. 30 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(e)

Prospective

Bankruptcy (Scotland) Act 2016 E+W+S

31 In the Bankruptcy (Scotland) Act 2016 (asp 21), in Schedule 3 (preferred debts), in paragraph 10(2)—

(a) before paragraph (a) insert—

“(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift),”;

(b) in paragraph (a), for “the Employment Rights Act 1996” substitute “that Act”.

Commencement Information

I38 Sch. 2 para. 31 not in force at Royal Assent, see s. 159(3)

Prospective

Section 25(5)

Schedule 3 E+W+S Minor and consequential amendments relating to section 25

Employment Rights Act 1996 E+W+S

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

(2) In section 92 (right to written statement of reasons for dismissal), in subsection (3), for “two years” substitute “six months”.

(3) In section 108 (qualifying period of employment), in subsection (3)—

(a) after paragraph (h) insert—

“(ha) section 4(3)(b) of the Rehabilitation of Offenders Act 1974 (read with any order made under section 4(4) of that Act) applies,”;

(b) omit paragraphs (k) and (o).

(4) In section 117 (enforcement of order for reinstatement or re-engagement and compensation), in subsection (2), for “Subject to section 124, the” substitute “The”.

(5) In section 118 (compensation: general), in subsection (1)(b), omit “124,”.

(6) In section 123 (compensatory award), in subsection (1), omit “124,”.

(7) In section 205A (employee shareholders), in subsection (10), for the words from “where” to the end substitute “where—

(a) the dismissal is by reason of any requirement or recommendation that is referred to in section 64(2), or

(b) the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee’s political opinions or affiliations.”

(8) In section 209 (powers to amend Act)—

(a) in subsection (2)—

(i) in paragraph (e), omit “section 124(1), (2) and (5),”;

(ii) in paragraph (j), omit “, 124(2)”;

(b) in subsection (5), omit “92(3),”.

(9) In section 226 (rights on termination), in subsection (3), for “, 121 or 124” substitute “or 121”.

(10) In section 236 (orders and regulations), in subsection (3), omit “124(2),”.

Commencement Information

I39 Sch. 3 para. 1 not in force at Royal Assent, see s. 159(3)

Employment Relations Act 1999 E+W+S

2 (1) The Employment Relations Act 1999 is amended as follows.

(2) In section 34 (indexation of amounts, etc)—

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

(b) omit subsections (4) to (4B).

(3) In section 37, omit subsection (1).

Commencement Information

I40 Sch. 3 para. 2 not in force at Royal Assent, see s. 159(3)

Enterprise and Regulatory Reform Act 2013 E+W+S

3 In the Enterprise and Regulatory Reform Act 2013, omit section 15 (power to increase or decrease limit of compensatory award).

Commencement Information

I41 Sch. 3 para. 3 not in force at Royal Assent, see s. 159(3)

Coronavirus Act 2020 E+W+S

4 In Schedule 7 to the Coronavirus Act 2020, omit paragraph 17.

Commencement Information

I42 Sch. 3 para. 4 not in force at Royal Assent, see s. 159(3)

Power to make further consequential amendments E+W+S

5 (1) The provision that may be made under section 154 (power to make consequential amendments) by any regulations that amend a relevant provision in consequence of the repeal of section 124 of the Employment Rights Act 1996 by section 25(3) includes (among other things)—

(a) provision amending section 34 of the Employment Relations Act 1999 for the purpose of applying that section to a relevant sum;

(b) provision conferring power on the Secretary of State by regulations to vary a relevant limit, in the same manner and to the same extent as the power conferred by section 15 of the Enterprise and Regulatory Reform Act 2013 to vary the limit imposed by section 124(1) of the Employment Rights Act 1996 (but see sub-paragraph (4));

(c) provision that is consequential on provision within paragraph (a) or (b).

(2) For the purposes of this paragraph—

(a) “relevant provision” means—

(i) a provision listed in sub-paragraph (3), or

(ii) any other provision that limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996;

(b) “relevant sum” means a sum specified in a relevant provision, in consequence of the repeal of that section, for the purposes of limiting the amount of compensation payable by virtue of the provision;

(c) “relevant limit” means a limit on the amount of compensation payable by virtue of a relevant provision that is specified in the provision in consequence of that repeal;

(d) the reference in sub-paragraph (1)(b) to section 15 of the Enterprise and Regulatory Reform Act 2013 is a reference to that section as it had effect immediately before the coming into force of paragraph 3.

(3) The provisions referred to in sub-paragraph (2)(a)(i) (each of which limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996) are—

(a) section 67 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right not to be unjustifiably disciplined by trade union: remedies for infringement);

(b) section 140 of that Act (remedies for refusal of employment, etc on grounds related to union membership);

(c) section 176 of that Act (right not to be excluded or expelled from trade union: remedies);

(d) paragraph 160 of Schedule A1 to that Act (trade union recognition: enforcement of right not to be subjected to detriment);

(e) section 49 of the Employment Rights Act 1996 (protection from suffering detriment in employment: remedies), so far as relating to subsection (5A), (7), (7A) or (7B) of that section;

(f) section 24 of the National Minimum Wage Act 1998 (enforcement of right not to be subjected to detriment), so far as relating to employment tribunals in Great Britain;

(g) section 56 of the Pensions Act 2008 (pension scheme membership: enforcement of right not to be subjected to detriment);

(h) regulation 4 of the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (S.I. 2015/2021) (enforcement of right not to be subjected to detriment);

(i) regulation 9 of the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 (S.I. 2022/1145) (enforcement of right not to be subjected to detriment).

(4) The power that may be conferred by provision made by virtue of sub-paragraph (1)(b) includes power to specify different amounts in relation to different descriptions of persons by whom compensation is payable by virtue of a relevant provision.

(5) The power to make regulations under section 154 is to be regarded as including power to make provision amending section 49(7A) or (7B) of the Employment Rights Act 1996, as inserted by paragraph 13 of Schedule 2, in consequence of the repeal of section 124 of the Employment Rights Act 1996 regardless of whether that repeal comes into force before or after the day on which that paragraph is brought into force for any purpose.

Commencement Information

I43 Sch. 3 para. 5 not in force at Royal Assent, see s. 159(3)

Prospective

Section 38

Schedule 4 E+W Pay and conditions of school support staff in England

The School Support Staff Negotiating Body E+W

1 In the Education Act 2002, after Part 8 insert—

“Part 8A E+W School support staff in England

The School Support Staff Negotiating Body E+W

148A The School Support Staff Negotiating Body

(1) There is to be an unincorporated body of persons known as the School Support Staff Negotiating Body (“the SSSNB”).

(2) The SSSNB has the functions conferred on it by this Part.

(3) Schedule 12A makes further provision about the SSSNB.

148B Matters within the SSSNB’s remit

(1) For the purposes of this Part, the matters within the SSSNB’s remit are matters relating to the following—

(a) the remuneration of school support staff;

(b) terms and conditions of employment of school support staff;

(c) the training of school support staff;

(d) career progression for school support staff.

(2) The Secretary of State may by regulations provide that, for the purposes of subsection (1)—

(a) a payment or entitlement of a prescribed kind is, or is not, to be treated as remuneration;

(b) a prescribed matter is, or is not, to be treated as relating to terms and conditions of employment of school support staff;

(c) a prescribed matter is, or is not, to be treated as relating to the training of school support staff;

(d) a prescribed matter is, or is not, to be treated as relating to career progression for school support staff.

148C Meaning of “school support staff”

(1) This section has effect for the purposes of this Part.

(2) “School support staff” means persons who meet the conditions in subsections (3) and (4).

(3) The condition in this subsection is that the person—

(a) is employed by a local authority in England, or the governing body of a school maintained by a local authority in England, under a contract of employment providing for the person to work wholly at one or more schools maintained by a local authority in England, or

(b) is employed by the proprietor of an Academy under a contract of employment which—

(i) provides for the person to work wholly at one or more Academies, or

(ii) provides for the person to carry out work of a prescribed description for the purposes of one or more Academies.

(4) The condition in this subsection is that the person is not—

(a) a school teacher, or

(b) a person of a prescribed description.

(5) In this section “school teacher” means—

(a) a person who is a school teacher for the purposes of section 122, or

(b) a qualified teacher who is employed by the proprietor of an Academy to work as a teacher.

Consideration of matters by the SSSNB E+W

148D Referral of matter to the SSSNB for consideration: general

(1) The Secretary of State may refer a matter within the SSSNB’s remit to the SSSNB for consideration by it.

(2) For provision about referrals of matters relating to—

(a) the remuneration of school support staff, or

(b) terms and conditions of employment of school support staff,

see section 148E (and sections 148H to 148J).

(3) For provision about referrals of matters relating to the training or career progression of school support staff, see section 148F.

148E Referral of matters relating to remuneration or conditions of employment

(1) This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to—

(a) the remuneration of school support staff, or

(b) terms and conditions of employment of school support staff.

(2) The Secretary of State may specify—

(a) factors to which the SSSNB must have regard in considering the matter;

(b) a date by which the SSSNB must comply with subsection (4).

(3) The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a).

(4) When it has considered the matter, the SSSNB must—

(a) if it has reached an agreement about the matter, submit the agreement to the Secretary of State;

(b) if it has been unable to reach an agreement about the matter, notify the Secretary of State of that fact.

(5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter—

(a) withdraw or vary the reference of the matter;

(b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

148F Referral of matters relating to training or career progression

(1) This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to the training or career progression of school support staff.

(2) The Secretary of State may specify—

(a) factors to which the SSSNB must have regard in considering the matter;

(b) a date by which the SSSNB must comply with subsection (4).

(3) The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a).

(4) When it has considered the matter, the SSSNB must submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State.

(5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter—

(a) withdraw or vary the reference of the matter;

(b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

148G Consideration of matters by the SSSNB without a referral

(1) The SSSNB may, with the agreement of the Secretary of State, consider a matter within its remit, even if the matter has not been referred to it by the Secretary of State under section 148D.

(2) If—

(a) the matter relates to the remuneration of school support staff, or terms and conditions of employment of school support staff, and

(b) the SSSNB reaches an agreement about the matter,

it may submit the agreement to the Secretary of State.

(3) If the matter relates to training or career progression of school support staff, the SSSNB may submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State.

Powers of Secretary of State on submission of SSSNB agreement E+W

148H Agreement submitted by the SSSNB under section 148E or 148G

(1) This section applies if the SSSNB submits an agreement to the Secretary of State under section 148E(4)(a) or 148G(2).

(2) The Secretary of State may—

(a) make regulations ratifying the agreement (see section 148M), or

(b) if the Secretary of State thinks that it would be inappropriate to make regulations ratifying the agreement, refer the agreement back to the SSSNB for reconsideration (see section 148I).

(3) Regulations under subsection (2)(a) may ratify the agreement—

(a) in full, or

(b) to the extent prescribed in the regulations.

Reconsideration by the SSSNB E+W

148I Reconsideration of agreement by the SSSNB

(1) This section applies if, under section 148H(2)(b) or section 148J(2)(b), the Secretary of State refers an agreement back to the SSSNB for reconsideration.

(2) The Secretary of State may specify—

(a) factors to which the SSSNB must have regard in the reconsideration;

(b) a date by which the SSSNB must comply with subsection (4).

(3) The SSSNB must reconsider the agreement, having regard to any factors specified under subsection (2)(a).

(4) After completing its reconsideration, the SSSNB must—

(a) if it has agreed revisions to the agreement, submit to the Secretary of State a new version of the agreement incorporating the revisions;

(b) if it has not agreed revisions to the agreement, submit the existing version of the agreement to the Secretary of State.

(5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to an agreement referred back to it for reconsideration—

(a) withdraw the reference of the agreement;

(b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

148J Powers of Secretary of State following reconsideration under section 148I

(1) This section applies if the SSSNB submits an agreement about a matter to the Secretary of State under section 148I.

(2) The Secretary of State may—

(a) make regulations ratifying the agreement—

(i) in full, or

(ii) to the extent prescribed in the regulations;

(b) refer the agreement back to the SSSNB for reconsideration (see section 148I);

(c) make regulations requiring prescribed persons to have regard to the agreement in exercising prescribed functions;

(d) by regulations make provision, in relation to a matter to which the agreement relates, otherwise than in the terms of the agreement (see section 148N).

This is subject to subsections (3) and (4).

(3) The Secretary of State may refer an agreement about a matter back to the SSSNB for reconsideration only if it appears to the Secretary of State that the condition in subsection (5) is met.

(4) The Secretary of State may make regulations under subsection (2)(d) in relation to a matter only if it appears to the Secretary of State that—

(a) the condition in subsection (5) is met, and

(b) there is an urgent need to make provision in relation to the matter.

(5) The condition is that one or more of the following applies—

(a) the agreement does not properly address the matter;

(b) it is not practicable to implement the agreement;

(c) the SSSNB failed in reconsidering the agreement to have regard to factors specified under section 148I(2)(a).

Additional powers of Secretary of State E+W

148K Powers of Secretary of State in absence of SSSNB agreement

(1) Subsection (2) applies if—

(a) the SSSNB notifies the Secretary of State under section 148E(4)(b) that it has been unable to reach an agreement on a matter referred to it, or

(b) the SSSNB fails to comply with section 148E(4) in relation to a matter by any date specified under section 148E(2)(b).

(2) The Secretary of State may—

(a) if a date has been specified under paragraph (b) of section 148E(2) in relation to the matter, specify a later date under that paragraph, or

(b) if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to the matter (see section 148N).

(3) Subsection (4) applies if the SSSNB fails to comply with section 148I(4) in relation to an agreement by any date specified under section 148I(2)(b).

(4) The Secretary of State may—

(a) if a date has been specified under paragraph (b) of section 148I(2) in relation to the SSSNB’s reconsideration of the agreement, specify a later date under that paragraph, or

(b) if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to a matter to which the agreement relates (see section 148N).

(5) Before making any regulations under subsection (2)(b) or (4)(b), the Secretary of State must consult the SSSNB.

148L Powers of Secretary of State where SSSNB fails to submit report

(1) This section applies if the SSSNB fails to comply with section 148F(4) in relation to a matter by any date specified under section 148F(2)(b).

(2) The Secretary of State may—

(a) specify a later date under section 148F(2)(b), or

(b) if it appears to the Secretary of State appropriate to do so, issue guidance under section 148P in relation to the matter without waiting for the SSSNB to submit a report about it.

Regulations E+W

148M Effect of regulations ratifying agreement

(1) This section applies if the Secretary of State makes regulations ratifying (to any extent) an agreement submitted by the SSSNB.

(2) If the agreement relates to a person’s remuneration, the person’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 person’s employment has effect as a term of the person’s contract of employment.

(4) A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

(5) Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

(6) Subsections (2) to (5)—

(a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the person’s detriment;

(b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.

148N Effect of regulations making provision otherwise than in terms of agreement

(1) This section applies if the Secretary of State makes regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b).

(2) The regulations must either—

(a) require prescribed persons, in exercising prescribed functions, to have regard to the regulations, or

(b) provide that the regulations are to have effect for determining the terms and conditions of employment of persons to whom the regulations apply.

(3) If the regulations make provision within subsection (2)(b), subsections (4) to (7) apply (but see subsection (8)).

(4) If the regulations relate to a person’s remuneration, the person’s remuneration is to be determined and paid in accordance with the regulations.

(5) A provision of the regulations that relates to any other term or condition of a person’s employment has effect as a term of the person’s contract of employment.

(6) A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(7) Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(8) Subsections (4) to (7)—

(a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the person’s detriment;

(b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.

148O Regulations: supplementary

(1) Regulations under this Part may make provision that has retrospective effect.

(2) Regulations under this Part may make provision by reference to—

(a) an agreement submitted to the Secretary of State by the SSSNB, or

(b) any other document.

(3) If regulations under this Part make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.

(4) A reference in section 148N(4) to (8) to regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b), or to a provision of such regulations, includes a reference to a provision of a document referred to by such regulations.

Guidance E+W

148P Guidance

(1) The SSSNB may, with the approval of the Secretary of State, issue guidance relating to—

(a) an agreement that has been ratified by regulations under this Part;

(b) an agreement to which regulations under section 148J(2)(c) require persons to have regard.

(2) The Secretary of State may issue guidance relating to—

(a) an agreement that has been ratified by regulations under this Part;

(b) an agreement to which regulations under section 148J(2)(c) require persons to have regard;

(c) regulations made under section 148J(2)(d) or 148K(2)(b) or (4)(b);

(d) any matter relating to training or career progression of school support staff (but see subsection (3)).

(3) The Secretary of State may issue guidance under subsection (2)(d) about a matter only if—

(a) the SSSNB has submitted a report about the matter to the Secretary of State under section 148F(4) or 148G(3), and

(b) the Secretary of State has had regard to the report and any recommendations it makes.

This is subject to section 148L (power to issue guidance where the SSSNB fails to submit a report by the specified date).

(4) In exercising functions in respect of school support staff, each of the following is to have regard to guidance issued under this section—

(a) a local authority in England;

(b) the governing body of a school maintained by a local authority in England;

(c) the proprietor of an Academy.

Supplementary and general E+W

148Q Agreements of SSSNB not to be collective agreements, etc

(1) Nothing done by the SSSNB, or by members of the SSSNB 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.

(2) Accordingly, any reference to a collective agreement within the meaning of that Act does not include an agreement which the SSSNB reaches under this Part.

148R Interpretation of this Part

(1) In this Part—

• “Academy” and “Academy arrangements” have the same meaning as in the Academies Act 2010 (but see subsection (2));

• “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996;

• “school maintained by a local authority” means any of the following—

  (a)

  a community, foundation or voluntary school;

  (b)

  a community or foundation special school;

  (c)

  a maintained nursery school;

  (d)

  a pupil referral unit;

• “school support staff” has the meaning given by section 148C;

• “the SSSNB” means the School Support Staff Negotiating Body.

(2) In this Part—

(a) a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts, and

(b) a reference to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996.

(3) Any reference in this Part 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

I44 Sch. 4 para. 1 not in force at Royal Assent, see s. 159(3)

2 In the Education Act 2002, after Schedule 12 insert—

Section 148A(3)

“Schedule 12A E+W The School Support Staff Negotiating Body

Constitution

1 (1) The SSSNB is to be constituted in accordance with arrangements made by the Secretary of State.

(2) Before making or revising arrangements under sub-paragraph (1), the Secretary of State must consult—

(a) the prescribed school support staff organisations, and

(b) the prescribed school support staff employer organisations.

(3) References in this Schedule to the SSSNB’s constitutional arrangements are to arrangements made under sub-paragraph (1).

(4) References in this Schedule to the prescribed organisations are to the organisations prescribed under sub-paragraph (2).

(5) Before making any regulations prescribing an organisation under sub-paragraph (2)(a), the Secretary of State must consult the Trades Union Congress.

Membership

2 (1) The SSSNB’s constitutional arrangements must provide for the members of the SSSNB to include persons representing the interests of—

(a) the prescribed organisations;

(b) the Secretary of State.

(2) The arrangements may also provide for the members of the SSSNB to include other persons who do not represent the interests of—

(a) school support staff organisations, or

(b) school support staff employer organisations.

3 (1) The SSSNB’s constitutional arrangements must provide for the members of the SSSNB to include a person appointed to chair the SSSNB.

(2) The arrangements must provide for that person to be a person who, in the opinion of the Secretary of State, does not represent the interests of—

(a) a school support staff organisation,

(b) a school support staff employer organisation,

(c) the Secretary of State, or

(d) any other person or organisation represented on the SSSNB.

Proceedings

4 (1) The SSSNB’s constitutional arrangements may not provide for a member of the SSSNB to be entitled to vote in respect of its proceedings unless the member is a person representing the interests of any of the prescribed organisations.

(2) Subject to sub-paragraph (1), the arrangements may make provision about the proceedings of the SSSNB (including provision allowing the SSSNB to determine its own proceedings).

Administrative support

5 The SSSNB’s constitutional arrangements may make provision about the provision of administrative support by the Secretary of State to the SSSNB.

Annual reports

6 (1) The SSSNB’s constitutional arrangements must provide for the SSSNB to prepare a report, in respect of each successive period of 12 months beginning with the day on which it is established, about the performance of its functions in that period.

(2) The arrangements may—

(a) require the SSSNB to send copies of the report to specified persons;

(b) require the SSSNB otherwise to publish the report in a specified manner.

In this sub-paragraph “specified” means specified in the arrangements.

Fees and expenses

7 The SSSNB’s constitutional arrangements may make provision about—

(a) the payment of fees by the Secretary of State to the person appointed to chair the SSSNB;

(b) the payment by the Secretary of State of expenses incurred by the SSSNB.

Interpretation

8 In this Schedule—

• “school support staff organisation” means an organisation that, in the opinion of the Secretary of State, represents the interests of school support staff;

• “school support staff employer organisation” means an organisation that, in the opinion of the Secretary of State, represents the interests of employers of school support staff.”

Commencement Information

I45 Sch. 4 para. 2 not in force at Royal Assent, see s. 159(3)

Consequential amendments E+W

3 In the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place insert—

• “Person appointed to chair the School Support Staff Negotiating Body.”

Commencement Information

I46 Sch. 4 para. 3 not in force at Royal Assent, see s. 159(3)

4 In Schedule 2 to the Education Act 2002 (effect on staffing of suspension of delegated budget)—

(a) after paragraph 10 insert—

“10A Paragraph 8 has effect subject to—

(a) any provision made by regulations under section 148H(2)(a) or 148J(2)(a);

(b) any provision made by regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b), where the regulations provide that they are to have effect for determining the terms and conditions of employment of persons to whom they apply.”;

(b) omit paragraph 11.

Commencement Information

I47 Sch. 4 para. 4 not in force at Royal Assent, see s. 159(3)

Pre-commencement consultation E+W

5 If, before the coming into force of paragraph 2 (which inserts Schedule 12A to the Education Act 2002), any consultation takes place which would have satisfied the requirement for consultation under paragraph 1(5) of that Schedule to any extent if it had been in force, that requirement is to be taken as having been satisfied to that extent.

Commencement Information

I48 Sch. 4 para. 5 not in force at Royal Assent, see s. 159(3)

Prospective

Section 56

Schedule 5 U.K. Seafarers’ wages and working conditions

Amendment of Seafarers’ Wages Act 2023 U.K.

1 The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with paragraphs 2 to 23.

Commencement Information

I49 Sch. 5 para. 1 not in force at Royal Assent, see s. 159(3)

Part 1 of the Act: relevant services U.K.

2 For the italic heading before section 1 substitute—

“Part 1

Relevant services”.

Commencement Information

I50 Sch. 5 para. 2 not in force at Royal Assent, see s. 159(3)

3 In section 1 (services to which this Act applies)—

(a) for the heading substitute “Relevant services”;

(b) in subsection (1), for “This Act applies to” substitute “In this Act, “relevant service” means”;

(c) in subsection (2), for “this Act does not apply to” substitute ““relevant service” does not include”;

(d) for subsection (4) substitute—

“(4) In this Act, “ship”—

(a) includes—

(i) any kind of vessel used in navigation, and

(ii) hovercraft;

(b) includes a ship which is registered in a State other than the United Kingdom.”

Commencement Information

I51 Sch. 5 para. 3 not in force at Royal Assent, see s. 159(3)

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

4 After section 1 insert—

“Part 2

Remuneration of seafarers

Chapter 1

Non-qualifying seafarers”.

Commencement Information

I52 Sch. 5 para. 4 not in force at Royal Assent, see s. 159(3)

5 In section 2 (non-qualifying seafarers), in paragraph (a), for “service to which this Act applies” substitute “relevant service”.

Commencement Information

I53 Sch. 5 para. 5 not in force at Royal Assent, see s. 159(3)

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

6 For the italic heading before section 3 substitute—

“Chapter 2

National minimum wage equivalence declarations”.

Commencement Information

I54 Sch. 5 para. 6 not in force at Royal Assent, see s. 159(3)

7 In section 3 (request for declaration)—

(a) in the heading, after “for” insert “equivalence”;

(b) in subsection (1)—

(i) for “Act applies” substitute “Chapter applies (see subsection (4A))”;

(ii) at the end insert “(see section 19 for the meaning of “relevant year”)”;

(c) after subsection (4) insert—

“(4A) This Chapter applies to a relevant service, subject to provision made by remuneration regulations in reliance on section 4A(6).”;

(d) omit subsections (5) and (6).

Commencement Information

I55 Sch. 5 para. 7 not in force at Royal Assent, see s. 159(3)

8 In section 4 (nature of declaration)—

(a) in the heading, after “of” insert “equivalence”;

(b) after subsection (5) insert—

“(5A) For the meaning of “UK work”, see section 19.

(5B) For the meaning of “national minimum wage equivalent”, see section 4D(1).”;

(c) omit subsections (6) to (10).

Commencement Information

I56 Sch. 5 para. 8 not in force at Royal Assent, see s. 159(3)

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

9 After section 4 insert—

“Chapter 3 U.K. Remuneration regulations and declarations

Remuneration regulations U.K.

4A Remuneration regulations

(1) Regulations may specify requirements relating to the remuneration of non-qualifying seafarers in respect of their work carried out in relation to the provision of a relevant service (whether or not in the territorial waters of the United Kingdom).

(2) In this Act, regulations under subsection (1) are referred to as “remuneration regulations”.

(3) Remuneration regulations may relate to remuneration in respect of only some of the work carried out in relation to the provision of a relevant service, and may frame such provision by reference to the waters in which the work is carried out or in any other way.

(4) Remuneration regulations may apply to—

(a) all relevant services, or

(b) one or more relevant services of a specified description.

(5) For the purposes of subsection (4)(b), a service may be described by reference to (among other things) the route operated by the service.

(6) Remuneration regulations may provide that Chapter 2 does not apply to any extent to a relevant service to which the regulations apply.

Remuneration declarations U.K.

4B Request for remuneration declaration

(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which remuneration regulations apply will enter, or have entered, its harbour on at least—

(a) 120 occasions, or

(b) if remuneration regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant year”).

(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a remuneration declaration in respect of the service for the relevant year.

(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

4C Nature of remuneration declaration

(1) A remuneration declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that—

(a) in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b) in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b) in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) in so much of the relevant year as has already occurred—

(i) there have been no non-qualifying seafarers working on ships providing the service, or

(ii) non-qualifying seafarers working on ships providing the service have been remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them, and

(b) in what remains of the relevant year—

(i) there will be no non-qualifying seafarers working on ships providing the service, or

(ii) non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that—

(a) in the relevant year there were no non-qualifying seafarers working on ships providing the service, or

(b) in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

Chapter 4 U.K. Chapters 2 and 3: supplementary regulations

4D Regulations about national minimum wage equivalent etc

(1) For the purposes of this Part, the national minimum wage equivalent is an hourly rate specified in regulations.

(2) Regulations may make provision for determining for the purposes of this Part—

(a) the hourly rate at which a non-qualifying seafarer is remunerated in any period in respect of any work, and

(b) whether, or the extent to which, a non-qualifying seafarer’s work in relation to a relevant service is UK work.

(3) Regulations under subsection (2)(a) may in particular make—

(a) any provision referred to in section 2(2) to (6) of the National Minimum Wage Act 1998;

(b) provision relating to currency conversion.

(4) Subsection (5) applies for the purposes of—

(a) section 4, and

(b) remuneration regulations that are framed by reference to the national minimum wage equivalent.

(5) The Secretary of State must in making regulations under this section seek to secure that a non-qualifying seafarer is remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.”

Commencement Information

I57 Sch. 5 para. 9 not in force at Royal Assent, see s. 159(3)

Part 3 of the Act: seafarers’ working conditions U.K.

10 After section 4D (inserted by paragraph 9 of this Schedule) insert—

“Part 3 U.K. Seafarers’ working conditions

Safe working regulations U.K.

4E Safe working regulations

(1) In this Part, “seafarer” means a person who works on a ship providing a relevant service.

(2) Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about—

(a) their maximum periods of work in a specified period;

(b) their minimum periods of rest in a specified period.

(3) Regulations may make provision for the purpose of managing and mitigating risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of a relevant service.

(4) Regulations under subsection (3) may, among other things—

(a) require the operator of a relevant service to produce a plan to manage and mitigate risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of the service (a “fatigue management plan”);

(b) make provision about the contents of such a plan by reference to a specified document as amended from time to time.

(5) Regulations may make provision for and in connection with the training of seafarers who carry out work relating to the provision of a relevant service, for the purpose of ensuring—

(a) the safety of the ship on which they work,

(b) the safety of things on the ship, or

(c) the health or safety of persons on the ship.

(6) In this Act, regulations under subsection (2), (3) or (5) are referred to as “safe working regulations”.

(7) Safe working regulations may impose requirements on the operator of a relevant service.

(8) Safe working regulations may apply to—

(a) all relevant services, or

(b) one or more relevant services of a specified description.

(9) For the purposes of subsection (8)(b), a service may be described by reference to (among other things) the route operated by the service.

Safe working declarations U.K.

4F Request for safe working declaration

(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which safe working regulations apply will enter, or have entered, its harbour on at least—

(a) 120 occasions, or

(b) if safe working regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant year”).

(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a safe working declaration in respect of the service for the relevant year.

(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

4G Nature of safe working declaration

(1) A safe working declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in the relevant year.

(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in what remains of the relevant year.

(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) the safe working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and

(b) the safe working conditions will be met in relation to the service in what remains of the relevant year.

(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the safe working conditions were met in relation to the service in the relevant year.

(6) For the purposes of this section the safe working conditions are met in relation to a service at a particular time if at that time—

(a) the service is operated in compliance with regulations under section 4E(2) or (3) that apply to the service,

(b) the service is operated in compliance with a fatigue management plan that is required for the service by regulations under section 4E(3) (see section 4E(4)), and

(c) the service is operated in compliance with regulations under section 4E(5) that apply to the service.

(7) References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.”

Commencement Information

I58 Sch. 5 para. 10 not in force at Royal Assent, see s. 159(3)

Part 4 of the Act: enforcement of Parts 2 and 3 U.K.

11 After section 4G (inserted by paragraph 10 of this Schedule) insert—

“Part 4

Enforcement of Parts 2 and 3

Offence of operating service inconsistently with declaration”.

Commencement Information

I59 Sch. 5 para. 11 not in force at Royal Assent, see s. 159(3)

12 In section 5 (offence of operating service inconsistently with declaration)—

(a) in subsection (1)—

(i) for “service to which this Act applies” substitute “relevant service”;

(ii) in paragraph (a), for “an equivalence declaration” substitute “a declaration”;

(b) in subsections (2), (3) and (4), omit “equivalence”.

Commencement Information

I60 Sch. 5 para. 12 not in force at Royal Assent, see s. 159(3)

13 (1) Section 6 (imposition of surcharges: failure to provide declaration in time) is amended as follows.

(2) In subsection (1)(a)—

(a) for “service to which this Act applies” substitute “relevant service”;

(b) for “an equivalence declaration” substitute “a declaration”.

(3) In subsection (1)(b), for “an equivalence declaration” substitute “the requested declaration”.

(4) In subsection (2)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

(5) In subsection (3)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

(6) In subsection (5)(a), for “an equivalence declaration” substitute “the requested declaration”.

(7) In subsection (5)(b), for “section 4(4) or (5).” substitute “—

(i) section 4(4) or (5),

(ii) section 4C(4) or (5), or

(iii) section 4G(4) or (5),

(whichever applies).”

(8) In subsection (6)—

(a) for “an equivalence declaration” substitute “a declaration”;

(b) in the definition of “prescribed period”, for “3(5)(a)” substitute “16A(1)(a)”;

(c) in the definition of “prescribed form and manner”, for “3(5)(b) and (c)” substitute “16A(1)(b) and (c)”.

Commencement Information

I61 Sch. 5 para. 13 not in force at Royal Assent, see s. 159(3)

14 In section 7 (imposition of surcharges: in-year declaration that is prospective only), in subsection (1)—

(a) in paragraph (a)—

(i) for “service to which this Act applies” substitute “relevant service”;

(ii) for “an equivalence declaration” substitute “a declaration”;

(b) in paragraph (b), for “3(5)” substitute “16A(1)”;

(c) in paragraph (c), for the words from “within subsection (3)” to the end substitute “—

(i) within subsection (3) of section 4 (and not also within subsection (4) of that section),

(ii) within subsection (3) of section 4C (and not also within subsection (4) of that section), or

(iii) within subsection (3) of section 4G (and not also within subsection (4) of that section),

(whichever applies).”

Commencement Information

I62 Sch. 5 para. 14 not in force at Royal Assent, see s. 159(3)

15 (1) Section 8 (imposition of surcharges: operating inconsistently with declaration) is amended as follows.

(2) In subsection (1)(a)—

(a) for “service to which this Act applies” substitute “relevant service”;

(b) for “an equivalence declaration” substitute “a declaration”.

(3) In subsection (3), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

(4) In subsection (4)(a)—

(a) for “service to which this Act applies” substitute “relevant service”;

(b) for “an equivalence declaration” substitute “a declaration”.

(5) In subsection (6), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

Commencement Information

I63 Sch. 5 para. 15 not in force at Royal Assent, see s. 159(3)

16 In section 11 (refusal of harbour access for failure to pay surcharge), in subsection (1), for “service to which this Act applies” substitute “relevant service”.

Commencement Information

I64 Sch. 5 para. 16 not in force at Royal Assent, see s. 159(3)

17 (1) Section 12 (provision of information by operators) is amended as follows.

(2) In subsection (1)—

(a) for “service to which this Act applies” substitute “relevant service”;

(b) in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

(3) In subsection (2)—

(a) in paragraph (b), at the beginning insert “for the purposes of Part 2,”;

(b) after paragraph (b) insert—

“(c) for the purposes of Part 3—

(i) information relating to the working pattern, working conditions or training of persons working on ships providing the service;

(ii) a fatigue management plan produced by the operator of the service (see section 4E(4)(a)).”

(4) In subsection (5), for “service to which this Act applies” substitute “relevant service”.

Commencement Information

I65 Sch. 5 para. 17 not in force at Royal Assent, see s. 159(3)

18 In section 13 (provision of information by harbour authorities), in subsection (2)(b), omit “equivalence”.

Commencement Information

I66 Sch. 5 para. 18 not in force at Royal Assent, see s. 159(3)

19 In section 14 (inspections), in subsection (2)—

(a) in paragraph (a), for “service to which this Act applies” substitute “relevant service”;

(b) in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

Commencement Information

I67 Sch. 5 para. 19 not in force at Royal Assent, see s. 159(3)

Part 5 of the Act: general and final provisions U.K.

20 After section 15 insert—

“Part 5

General and final provisions”.

Commencement Information

I68 Sch. 5 para. 20 not in force at Royal Assent, see s. 159(3)

21 After section 16 insert—

“16A Regulations about declarations

(1) Regulations may make provision—

(a) as to the period within which declarations are to be provided;

(b) as to the wording of declarations and the form in which they are to be provided;

(c) as to the manner in which declarations are to be provided.

(2) Regulations under subsection (1)(b) may specify a single form combining different kinds of declarations (but a requirement to provide a declaration in such a form does not require an operator of a service to provide a declaration which a harbour authority has not requested the operator to provide).”

Commencement Information

I69 Sch. 5 para. 21 not in force at Royal Assent, see s. 159(3)

22 In section 17 (regulations)—

(a) in the heading, at the end insert “: general”;

(b) in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it) substitute—

“(i) relevant service,”.

Commencement Information

I70 Sch. 5 para. 22 not in force at Royal Assent, see s. 159(3)

23 (1) Section 19 (general interpretation) is amended as follows.

(2) After the definition of “the data protection legislation” insert—

• ““declaration” (without more) means—

  (a)

  an equivalence declaration,

  (b)

  a remuneration declaration, or

  (c)

  a safe working declaration;”.

(3) Omit the definition of “national minimum wage equivalent”.

(4) In the definition of “operator”, for “service to which this Act applies” substitute “relevant service”.

(5) After the definition of “operator” insert—

• ““relevant service” has the meaning given by section 1;”.

(6) In the definition of “relevant year”, for “has the meaning given by section 3(6);” substitute “means—

(a)

the period of 12 months beginning with a date specified in regulations, and

(b)

each successive period of 12 months;”.

(7) After the definition of “relevant year” insert—

• ““remuneration declaration” has the meaning given by section 4C(1);

• “remuneration regulations” has the meaning given by section 4A(2);

• “safe working declaration” has the meaning given by section 4G(1);

• “safe working regulations” has the meaning given by section 4E(6);”.

(8) In the definition of “UK work”, for “has the meaning given by section 4(10)” substitute “means work which is carried out in the United Kingdom or its territorial waters”.

Commencement Information

I71 Sch. 5 para. 23 not in force at Royal Assent, see s. 159(3)

Amendment of title of the Act U.K.

24 (1) The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and Working Conditions) Act 2023.

(2) For the words “Seafarers’ Wages Act 2023” wherever they occur in any enactment substitute “Seafarers (Wages and Working Conditions) Act 2023”.

Commencement Information

I72 Sch. 5 para. 24 not in force at Royal Assent, see s. 159(3)

Section 60

Schedule 6 E+W+S Trade union recognition

Part 1 E+W+S Introduction

1 E+W+S Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with Parts 2 to 5 of this Schedule.

Commencement Information

I73 Sch. 6 para. 1 not in force at Royal Assent, see s. 159(3)

I74 Sch. 6 para. 1 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(a)

Prospective

2 E+W+S Part 6 of this Schedule contains consequential amendments to the Employment Relations Act 2004.

Commencement Information

I75 Sch. 6 para. 2 not in force at Royal Assent, see s. 159(3)

Part 2 E+W+S Recognition

Prospective

Meaning of “the application day” E+W+S

3 In paragraph 2 (interpretation of Part 1 of Schedule A1), after sub-paragraph (5) insert—

“(6) In relation to an application under paragraph 11 or 12, a reference to the application day is to the day on which the CAC receives the application.”

Commencement Information

I76 Sch. 6 para. 3 not in force at Royal Assent, see s. 159(3)

Prospective

Acceptance of applications E+W+S

4 After paragraph 13 insert—

“13A (1) This paragraph applies if—

(a) the CAC has received an application under paragraph 11 or 12, and

(b) it has given notice to the employer under paragraph 13 of receipt of the application.

(2) The employer must comply with the following duties (so far as it is reasonable to expect the employer to do so).

(3) The duties are—

(a) to give to the CAC, within the relevant period, the specified information in relation to each of the relevant workers;

(b) if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the CAC, to give to the CAC, within the relevant period, the specified information in relation to each of those who are now the relevant workers;

(c) to take reasonable steps to ensure that the information given to the CAC under paragraph (a) or (b) does not include any information relating to an individual who is not a relevant worker;

(d) to inform the CAC, as soon as reasonably practicable, of any worker in relation to whom information has been given to the CAC under paragraph (a) or (b) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)).

(4) The relevant period is—

(a) in the case of the duty in sub-paragraph (3)(a)—

(i) the period of 5 working days starting with the day after that on which notice was given to the employer of receipt of the application, or

(ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension;

(b) in the case of the duty in sub-paragraph (3)(b)—

(i) the period of 5 working days starting with the day after that on which the bargaining unit is agreed or the CAC’s decision is notified to the employer, or

(ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(5) The specified information, in relation to a relevant worker, is—

(a) the worker’s name;

(b) the worker’s date of birth;

(c) the category of worker to which the relevant worker belongs.

(6) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—

(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and

(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon,

but excluding any worker who joined the bargaining unit after the application day.

(7) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties, excluding any worker who joined the bargaining unit after the application day.

13B (1) Sub-paragraph (2) applies if—

(a) the CAC is satisfied that the employer has failed to fulfil a duty mentioned in paragraph 13A(3), and

(b) the application under paragraph 11 or 12 is in progress.

(2) The CAC may order the employer—

(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b) to do so within such period as the CAC considers reasonable and specifies in the order;

and in this paragraph a “remedial order” means an order under this sub-paragraph.

(3) If—

(a) the CAC is satisfied that the employer has failed to comply with a remedial order, and

(b) the application under paragraph 11 or 12 is in progress,

the CAC must, as soon as reasonably practicable, notify the employer and the union (or unions) that it is satisfied that the employer has failed to comply.

(4) A remedial order and a notice under sub-paragraph (3) must draw the recipient’s attention to the effect of sub-paragraphs (5) and (6).

(5) Sub-paragraph (6) applies if—

(a) the CAC is satisfied that the employer has failed to comply with a remedial order,

(b) the application under paragraph 11 or 12 is in progress,

(c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and

(d) in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid.

(6) The CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.

(7) For the purposes of this paragraph, an application under paragraph 11 or 12 is in progress if none of the following has occurred—

(a) the withdrawal of the application;

(b) the CAC giving notice of a decision under paragraph 14(7) which precludes it from accepting the application;

(c) the CAC giving notice under paragraph 15(4)(a) in relation to the application;

(d) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(e) the CAC giving notice to the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(f) the holding of any ballot arising from the application.”

Commencement Information

I77 Sch. 6 para. 4 not in force at Royal Assent, see s. 159(3)

5 (1) Paragraph 14 (acceptance of applications: multiple applications) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1)(b), any worker who joined any of the relevant bargaining units after the application day is to be disregarded.”

(3) In sub-paragraph (4), for “10 per cent test” substitute “required percentage test”.

(4) In sub-paragraph (5)—

(a) for “10 per cent test” substitute “required percentage test”;

(b) for “at least 10 per cent” substitute “at least the required percentage (see paragraph 171B)”.

(5) After sub-paragraph (5) insert—

“(5A) For the purposes of sub-paragraph (5), any worker who joined the relevant bargaining unit after the application day is to be disregarded.”

(6) In sub-paragraph (7)—

(a) in paragraph (a), for “10 per cent test” substitute “required percentage test”;

(b) in paragraph (b), for “10 per cent test” substitute “required percentage test”.

(7) In sub-paragraph (8), for “10 per cent test” substitute “required percentage test”.

Commencement Information

I78 Sch. 6 para. 5 not in force at Royal Assent, see s. 159(3)

Prospective

Withdrawal of application E+W+S

6 In paragraph 16 (withdrawal of application), in sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Commencement Information

I79 Sch. 6 para. 6 not in force at Royal Assent, see s. 159(3)

Prospective

Notice to cease consideration of application E+W+S

7 In paragraph 17 (notice to cease consideration of application), in sub-paragraph (3)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Commencement Information

I80 Sch. 6 para. 7 not in force at Royal Assent, see s. 159(3)

Prospective

Communication with workers through independent person after application E+W+S

8 (1) Paragraph 19C (appointment of independent person to handle communications between union and workers) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) An application under sub-paragraph (2) is valid only if it is made before the end of the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application mentioned in sub-paragraph (1) is accepted.”

(3) In sub-paragraph (5)(c), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

(4) In sub-paragraph (7), for “an application” substitute “a valid application”.

Commencement Information

I81 Sch. 6 para. 8 not in force at Royal Assent, see s. 159(3)

Access agreements E+W+S

9 After paragraph 19F insert—

Access agreements

19G (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4), and

(b) the application is in progress.

(2) The union (or unions) may, by giving notice to the CAC and the employer within the access request period, request access to the relevant workers in connection with the application.

(3) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—

(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and

(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.

(4) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.

(5) The access request period is the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application is accepted.

(6) For the purposes of this paragraph and paragraphs 19H to 19K, an application under paragraph 11 or 12 is in progress if none of the following has occurred—

(a) the withdrawal of the application;

(b) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c) the CAC giving notice to the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d) the holding of any ballot arising from the application.

19H (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4),

(b) the union requests (or unions request) access to the relevant workers under paragraph 19G(2) in connection with the application, and

(c) the application is in progress.

(2) The CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is (or unions are) to have access to the relevant workers.

(3) The negotiation period is, subject to any notice under sub-paragraph (4) or (6)—

(a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application is accepted, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) If, during the negotiation period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is (or unions are) to have access to the relevant workers before the time when (apart from this sub-paragraph) the negotiation period would end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the date of the notice.

(5) A notice under sub-paragraph (4) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.

(6) If, during the negotiation period, the parties apply to the CAC for a declaration that the negotiation period is to end with a date (specified in the application) which is earlier or later than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date.

19I (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 11(2) or 12(2) or (4),

(b) the union requests (or unions request) access to the relevant workers under paragraph 19G(2) in connection with the application,

(c) the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the relevant workers, and

(d) the application is in progress.

(2) Within the adjudication period, the CAC must—

(a) decide the terms on which the union is (or unions are) to have access to the relevant workers, or

(b) decide that the union is (or unions are) not to have access to the relevant workers.

(3) The adjudication period is—

(a) the period of 10 working days starting with the day after the day with which the negotiation period ends, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the relevant workers as is reasonable to enable the union (or unions) to—

(a) inform the workers of the object of the application or any ballot arising from it, and

(b) seek their support and their opinions on the issues involved.

19J (1) This paragraph applies if—

(a) an access agreement is entered into, and

(b) the application under paragraph 11 or 12 is in progress.

(2) “Access agreement” means—

(a) terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 19H during the negotiation period, or

(b) terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 19I,

and such an agreement is “entered into” when the terms are so agreed or decided.

(3) The parties must comply with the access agreement.

(4) The employer must refrain from making any offer to any or all of the relevant workers which—

(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the relevant workers, and

(b) is not reasonable in the circumstances.

(5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—

(a) attended or took part in any relevant meeting between the union (or unions) and the relevant workers, or

(b) indicated an intention to attend or take part in such a meeting.

(6) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—

(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and

(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.

(7) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.

(8) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—

(a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 19K to remedy a failure to comply with the duty in sub-paragraph (3), and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(9) The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.

(10) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to any person who is not an appointed person is of no effect for the purposes of this Part of this Schedule.

(11) In sub-paragraph (10)—

(a) “appointed person” means—

(i) a person appointed to handle communications under paragraph 19C, or

(ii) a person appointed to conduct a ballot under paragraph 25;

(b) “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(12) An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, 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.

19K (1) Sub-paragraph (2) applies if—

(a) the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 19J, and

(b) the application under paragraph 11 or 12 is in progress.

(2) The CAC may order the party—

(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b) to do so within such period as the CAC considers reasonable and specifies in the order.

(3) Sub-paragraphs (4) and (5) apply if—

(a) the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2),

(b) the application under paragraph 11 or 12 is in progress,

(c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and

(d) in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid.

(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

19L (1) Each of the powers specified in sub-paragraph (2) is to be taken to include power to issue Codes of Practice about any matter relating to requests for access under paragraph 19G(2), including (among other things)—

(a) what access is reasonable for the purposes of paragraph 19I(4);

(b) the duty in paragraph 19J(4).

(2) The powers are—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).”

Commencement Information

I82 Sch. 6 para. 9 not in force at Royal Assent, see s. 159(3)

I83 Sch. 6 para. 9 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Unfair practices E+W+S

10 After paragraph 19L (inserted by paragraph 9 of this Schedule) insert—

Unfair practices

19M (1) Each of the parties informed by the CAC under paragraph 15(5) that an application under paragraph 11 or 12 is accepted must refrain from using any unfair practice in relation to the application.

(2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—

(a) dismisses, or threatens to dismiss, a worker;

(b) takes, or threatens to take, disciplinary action against a worker;

(c) subjects, or threatens to subject, a worker to any other detriment;

(d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;

(e) makes an outcome-specific offer to a relevant worker;

(f) coerces, or attempts to coerce, a relevant worker to disclose—

(i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or

(ii) how the worker intends to vote, or has voted, in any relevant ballot;

(g) uses, or attempts to use, undue influence on a relevant worker.

(3) In sub-paragraph (2)—

(a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and

(b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.

(4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—

(a) is conditional on the issuing by the CAC of a declaration that—

(i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or

(ii) the union is (or unions are) not entitled to be so recognised, and

(b) is not conditional on anything which is done or occurs as a result of the declaration in question.

(5) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

(6) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

19N (1) A party may complain to the CAC that another party has failed to comply with paragraph 19M.

(2) A complaint under sub-paragraph (1) may not be made after—

(a) the application under paragraph 11 or 12 is withdrawn;

(b) the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c) the CAC notifies the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d) if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the fifth working day after—

(i) the date of the ballot, or

(ii) if votes may be cast in the ballot on more than one day, the last of those days.

(3) Within the decision period the CAC must decide whether the complaint is well-founded.

(4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.

(5) The decision period is—

(a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or

(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.

19O (1) This paragraph applies if the CAC decides that a complaint under paragraph 19N is well-founded.

(2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.

(3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.

(4) Sub-paragraph (5) applies if—

(a) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and

(b) the CAC has at any time informed the union (or unions) under paragraph 25(9) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).

(5) The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit, other than those who joined the bargaining unit after the application day, are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

(6) The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—

(a) the withdrawal of the application under paragraph 11 or 12;

(b) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c) the CAC notifying the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d) if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the CAC acting under paragraph 29 in relation to the ballot.

(7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 19M.

(8) The CAC may make more than one order under sub-paragraph (3).

19P (1) Sub-paragraphs (4) to (6) apply if—

(a) the CAC issues a declaration under paragraph 19O(2) that a complaint that a party has failed to comply with paragraph 19M is well-founded,

(b) the application under paragraph 11 or 12 has not been withdrawn,

(c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit,

(d) in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid,

(e) the CAC has not notified the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application, and

(f) sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—

(a) the use of violence, or

(b) the dismissal of a union official.

(3) This sub-paragraph applies if the CAC has made an order under paragraph 19O(3) and—

(a) it is satisfied that the party subject to the order has failed to comply with it, or

(b) it makes another declaration under paragraph 19O(2) in relation to a complaint against that party.

(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

(6) The powers conferred by this paragraph are in addition to those conferred by paragraph 19O.”

Commencement Information

I84 Sch. 6 para. 10 not in force at Royal Assent, see s. 159(3)

I85 Sch. 6 para. 10 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Prospective

Powers of CAC on proceeding with application E+W+S

11 (1) Paragraph 22 (powers of CAC where majority of workers are members of union) is amended as follows.

(2) In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”.

(3) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded.”

(4) In sub-paragraph (3), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”.

(5) After sub-paragraph (4) insert—

“(4A) For the purposes of sub-paragraph (4)(b) and (c), evidence from or relating to a worker who joined the bargaining unit after the application day is to be disregarded.”

Commencement Information

I86 Sch. 6 para. 11 not in force at Royal Assent, see s. 159(3)

12 (1) Paragraph 23 (CAC to order ballot where majority of workers are not members of union) is amended as follows.

(2) In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”.

(3) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded.”

(4) In sub-paragraph (2), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”.

Commencement Information

I87 Sch. 6 para. 12 not in force at Royal Assent, see s. 159(3)

Prospective

Ballots E+W+S

13 (1) Paragraph 24 (notice of holding of ballot) is amended as follows.

(2) In sub-paragraph (1), after “paragraph” insert “19O(5),”.

(3) In sub-paragraph (5)—

(a) before paragraph (a) insert—

“(za) in the case of notice given under paragraph 19O(5), the period of 5 working days starting with the day on which the union (or the last of the unions) receives that notice,”;

(b) in paragraph (a)—

(i) at the beginning insert “in the case of notice given under paragraph 22(3) or 23(2),”;

(ii) for the words from “the CAC’s notice” to the end substitute “that notice”;

(c) in paragraph (b), for “so starting” substitute “starting with the day mentioned in paragraph (za) or (a) (as the case may be)”.

(4) In sub-paragraph (6)—

(a) before paragraph (a) insert—

“(za) in the case of notice given under paragraph 19O(5), the period of 5 working days starting with the day on which the union (or the last of the unions) receives that notice,”;

(b) in paragraph (a)—

(i) at the beginning insert “in the case of notice given under paragraph 22(3) or 23(2),”;

(ii) for the words from “the CAC’s notice” to the end substitute “that notice”;

(c) in paragraph (b), for “so starting” substitute “starting with the day mentioned in paragraph (za) or (a) (as the case may be)”.

Commencement Information

I88 Sch. 6 para. 13 not in force at Royal Assent, see s. 159(3)

14 In paragraph 25 (rules relating to ballot), after sub-paragraph (1) insert—

“(1A) A worker who joined the bargaining unit after the application day is not eligible to vote in the ballot.”

Commencement Information

I89 Sch. 6 para. 14 not in force at Royal Assent, see s. 159(3)

15 (1) Paragraph 26 (duties of employer in relation to ballot) is amended as follows.

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

(3) In sub-paragraph (2)—

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

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

(4) Omit sub-paragraph (3).

(5) In sub-paragraph (4)—

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

(b) in paragraph (a)—

(i) for “to give” substitute “give”;

(ii) for “constituting the bargaining unit” substitute “eligible to vote in the ballot”;

(c) omit paragraph (b);

(d) in paragraph (c)—

(i) for “to inform” substitute “inform”;

(ii) omit “or (b)”.

(6) After sub-paragraph (4) insert—

“(4ZA) If the ballot is being held by virtue of paragraph 19O(5), the duty under sub-paragraph (4)(a) is limited to—

(a) giving the CAC the names and home addresses of any workers eligible to vote in the ballot which have not previously been given to it in accordance with that duty;

(b) informing the CAC of any change to the name or home address of a worker whose name and home address have previously been given to the CAC in accordance with that duty;

(c) informing the CAC of any worker whose name had previously been given to it in accordance with that duty who has ceased to be within the bargaining unit.”

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

Commencement Information

I90 Sch. 6 para. 15 not in force at Royal Assent, see s. 159(3)

16 After paragraph 27 insert—

“27ZA (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 25(9), and

(b) the CAC issues a declaration under paragraph 19K.

(2) If the ballot has not been held, the CAC must take steps to cancel it.

(3) If the ballot is held, it is to have no effect.

27ZB (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 25(9),

(b) a complaint is made under paragraph 19N, and

(c) the ballot did not begin before the beginning of the decision period referred to in paragraph 19N(5).

(2) The CAC may by notice to the parties and the qualified independent person postpone the date on which the ballot is to begin until a date which falls after the end of the decision period.

27ZC (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 25(9),

(b) the CAC issues a declaration that a complaint under paragraph 19N is well-founded, and

(c) the CAC—

(i) gives a notice under paragraph 19O(5), or

(ii) issues a declaration under paragraph 19P(4) or (5).

(2) If the ballot has not been held, the CAC must take steps to cancel it.

(3) If the ballot is held, it is to have no effect.

27ZD (1) This paragraph applies if—

(a) the CAC gives a notice under paragraph 19O(5), and

(b) the CAC has previously made an order under paragraph 27(1) in relation to a cancelled or ineffective ballot in connection with the application to which the notice relates.

(2) The order has effect, to the extent that the CAC specifies in a notice to the parties, as if it were made for the purposes of the ballot to which the notice under paragraph 19O(5) relates.”

Commencement Information

I91 Sch. 6 para. 16 not in force at Royal Assent, see s. 159(3)

17 Omit paragraphs 27A to 27F (unfair practices during ballot).

Commencement Information

I92 Sch. 6 para. 17 not in force at Royal Assent, see s. 159(3)

18 (1) Paragraph 28 (costs of ballot) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) If the ballot is one to which a notice under paragraph 19O(5) relates, the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine.”

(3) In sub-paragraph (2), for “The gross costs” substitute “If the ballot is one to which a notice under paragraph 22(3) or 23(2) relates, the gross costs”.

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

Commencement Information

I93 Sch. 6 para. 18 not in force at Royal Assent, see s. 159(3)

19 (1) Paragraph 29 (result of ballot) is amended as follows.

(2) For sub-paragraphs (1) and (1A) substitute—

“(1) The CAC must act under this paragraph as soon as reasonably practicable after—

(a) the CAC is informed of the result of a ballot by the person conducting it, and

(b) the complaint period ends.

(1ZA) The complaint period is the period of 5 working days starting with the day after—

(a) the date of the ballot, or

(b) if votes may be cast in the ballot on more than one day, the last of those days.

(1A) The duty in sub-paragraph (1) does not apply—

(a) if a complaint is made under paragraph 19N, on or before the day on which the CAC decides whether the complaint is well-founded;

(b) if the CAC gives a notice under paragraph 19O(5).”

(3) For sub-paragraph (3) substitute—

“(3) If the result is that the union is (or unions are) supported by a majority of the workers voting, the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.”

(4) Omit sub-paragraphs (5) to (7).

Commencement Information

I94 Sch. 6 para. 19 not in force at Royal Assent, see s. 159(3)

Prospective

General provisions about admissibility of applications E+W+S

20 (1) Paragraph 35 (admissibility of applications: existing collective agreement) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.”

(3) After sub-paragraph (5) insert—

“(5A) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if—

(a) the union recognised under the agreement in question does not have (or none of the unions recognised under the agreement in question has) a certificate of independence,

(b) the union (or unions) making the application under paragraph 11 or 12 made the application before the end of the period of reflection, and

(c) the agreement in question was entered into during the restricted period.

(5B) The period of reflection is the period of 20 working days starting with the first day after the end of—

(a) the first period referred to in paragraph 10(6), in the case of an application under paragraph 11, or

(b) the second period referred to in paragraph 10(7), in the case of an application under paragraph 12.

(5C) The restricted period is the period—

(a) starting with the day on which the employer receives a valid request for recognition under paragraph 4, and

(b) ending with the day on which the CAC makes a decision under paragraph 15.”

Commencement Information

I95 Sch. 6 para. 20 not in force at Royal Assent, see s. 159(3)

21 In paragraph 36 (admissibility of applications: minimum support), for sub-paragraph (1) substitute—

“(1) An application under paragraph 11 or 12 is not admissible unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit.

(1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.”

Commencement Information

I96 Sch. 6 para. 21 not in force at Royal Assent, see s. 159(3)

22 (1) Paragraph 38 (admissibility of applications: overlapping bargaining unit) is amended as follows.

(2) In sub-paragraph (1)(d)—

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

(b) omit “27D(3), 27D(4),”.

(3) After sub-paragraph (2) insert—

“(2A) For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.”

Commencement Information

I97 Sch. 6 para. 22 not in force at Royal Assent, see s. 159(3)

23 In paragraph 39 (admissibility of applications: same bargaining unit), in sub-paragraph (5), after “40” insert “, 40A”.

Commencement Information

I98 Sch. 6 para. 23 not in force at Royal Assent, see s. 159(3)

24 In paragraph 40 (admissibility of applications: union not entitled to be recognised), in sub-paragraph (1)—

(a) for “27D(4)” substitute “19K(5), 19P(5)”;

(b) omit the words from “; and this is so” to the end.

Commencement Information

I99 Sch. 6 para. 24 not in force at Royal Assent, see s. 159(3)

25 After paragraph 40 insert—

“40A (1) This paragraph applies if the CAC issues a declaration under paragraph 81E(5), 81J(5) or 29(4) (where it applies by virtue of paragraph 89(5)) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.

(2) An application under paragraph 11 or 12 is not admissible if—

(a) the application is made within the period of 3 years starting with the day after the day on which the declaration was issued,

(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application leading to the declaration.

(3) The relevant bargaining unit is—

(a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

(b) the agreed bargaining unit, where the application is under paragraph 12(4).”

Commencement Information

I100 Sch. 6 para. 25 not in force at Royal Assent, see s. 159(3)

26 In paragraph 41 (admissibility of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—

(a) for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;

(b) for “the ballot concerned is arranged” substitute “the declaration is issued”.

Commencement Information

I101 Sch. 6 para. 26 not in force at Royal Assent, see s. 159(3)

Prospective

General provisions about validity of applications E+W+S

27 (1) Paragraph 44 (validity of applications: existing collective agreement) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.”

(3) After sub-paragraph (5) insert—

“(6) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if—

(a) the union recognised under the agreement in question does not have (or none of the unions recognised under the agreement in question has) a certificate of independence,

(b) the union (or unions) making the application under paragraph 11 or 12 made the application before the end of the period of reflection, and

(c) the agreement in question was entered into during the restricted period.

(7) The period of reflection is the period of 20 working days starting with the first day after the end of—

(a) the first period referred to in paragraph 10(6), in the case of an application under paragraph 11, or

(b) the second period referred to in paragraph 10(7), in the case of an application under paragraph 12.

(8) The restricted period is the period—

(a) starting with the day on which the employer receives a valid request for recognition under paragraph 4, and

(b) ending with the day on which the CAC makes a decision under paragraph 20.”

Commencement Information

I102 Sch. 6 para. 27 not in force at Royal Assent, see s. 159(3)

28 For paragraph 45 (validity of applications: minimum support) substitute—

“45 (1) The application in question is invalid unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit.

(2) For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.”

Commencement Information

I103 Sch. 6 para. 28 not in force at Royal Assent, see s. 159(3)

29 (1) Paragraph 46 (validity of applications: overlapping bargaining unit) is amended as follows.

(2) In sub-paragraph (1)(d)—

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

(b) omit “27D(3), 27D(4),”.

(3) After sub-paragraph (2) insert—

“(3) For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.”

Commencement Information

I104 Sch. 6 para. 29 not in force at Royal Assent, see s. 159(3)

30 In paragraph 47 (validity of applications: same bargaining unit), in sub-paragraph (3), after “48” insert “, 48A”.

Commencement Information

I105 Sch. 6 para. 30 not in force at Royal Assent, see s. 159(3)

31 In paragraph 48 (validity of applications: union not entitled to be recognised), in sub-paragraph (1)—

(a) for “27D(4)” substitute “19K(5), 19P(5)”;

(b) omit the words from “; and this is so” to the end.

Commencement Information

I106 Sch. 6 para. 31 not in force at Royal Assent, see s. 159(3)

32 After paragraph 48 insert—

“48A (1) This paragraph applies if the CAC issues a declaration under paragraph 81E(5), 81J(5) or 29(4) (where it applies by virtue of paragraph 89(5)) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.

(2) The application in question is invalid if—

(a) the application is made within the period of 3 years starting with the date of the declaration,

(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application leading to the declaration.”

Commencement Information

I107 Sch. 6 para. 32 not in force at Royal Assent, see s. 159(3)

33 In paragraph 49 (validity of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—

(a) for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;

(b) for “the ballot concerned is arranged” substitute “the declaration is issued”.

Commencement Information

I108 Sch. 6 para. 33 not in force at Royal Assent, see s. 159(3)

Prospective

Competing applications E+W+S

34 In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10 per cent test” substitute “required percentage test”.

Commencement Information

I109 Sch. 6 para. 34 not in force at Royal Assent, see s. 159(3)

Prospective

Voluntary recognition E+W+S

35 In paragraph 52 (voluntary recognition), in sub-paragraph (3)(f), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.

Commencement Information

I110 Sch. 6 para. 35 not in force at Royal Assent, see s. 159(3)

Part 3 E+W+S Changes affecting bargaining unit after recognition

Prospective

Changes relevant to appropriateness of bargaining unit E+W+S

36 (1) Paragraph 67 (admissibility of applications: employer or union believes bargaining unit no longer appropriate) is amended as follows.

(2) In sub-paragraph (2)(c), at the end insert “(but see sub-paragraph (3)).”

(3) After sub-paragraph (2) insert—

“(3) In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC must disregard the matter specified in sub-paragraph (2)(c).”

Commencement Information

I111 Sch. 6 para. 36 not in force at Royal Assent, see s. 159(3)

37 (1) Paragraph 70 (determination of bargaining unit by CAC) is amended as follows.

(2) In sub-paragraph (3)(c), at the end insert “(but see sub-paragraph (3A)).”

(3) After sub-paragraph (3) insert—

“(3A) In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC may not take into account the matter specified in sub-paragraph (3)(c).”

Commencement Information

I112 Sch. 6 para. 37 not in force at Royal Assent, see s. 159(3)

38 In paragraph 75 (questions for CAC to decide where employer believes bargaining unit has ceased to exist), in sub-paragraph (3)(c), at the end insert “(but see paragraph 77(4A)).”

Commencement Information

I113 Sch. 6 para. 38 not in force at Royal Assent, see s. 159(3)

39 In paragraph 77 (CAC’s decision as to appropriateness of bargaining unit, etc), after sub-paragraph (4) insert—

“(4A) In a case where the copy of the notice given to the CAC by the employer under paragraph 74(1) was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, in deciding whether the original unit is no longer appropriate the CAC must disregard the matter specified in paragraph 75(3)(c).”

Commencement Information

I114 Sch. 6 para. 39 not in force at Royal Assent, see s. 159(3)

Access agreements E+W+S

40 After paragraph 81 insert—

Access agreements

81A (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 66 or 75, and

(b) the application is in progress.

(2) The union (or unions) may, by giving notice to the CAC and the employer within the access request period, request access to the relevant workers in connection with the application.

(3) The relevant workers are—

(a) in relation to any time before the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the original unit, and

(b) in relation to any time after the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the new unit (see paragraph 82(4)).

(4) But, where there is more than one new unit, references to the relevant workers are references to the workers constituting each new unit separately.

(5) The access request period is the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 68(5) or 76(5) that the application is accepted.

(6) For the purposes of this paragraph and paragraphs 81B to 81E, an application under paragraph 66 or 75 is in progress if none of the following has occurred—

(a) the withdrawal of the application;

(b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;

(c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);

(d) in relation to the new unit (or, if there is more than one, all of the new units)—

(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)),

(ii) the union (or unions) notifying the CAC under paragraph 89(1), or

(iii) the holding of any ballot arising from the application.

81B (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 66 or 75,

(b) the union requests (or unions request) access to the relevant workers under paragraph 81A(2) in connection with the application, and

(c) the application is in progress.

(2) The CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is (or unions are) to have access to the relevant workers.

(3) The negotiation period is, subject to any notice under sub-paragraph (4) or (6)—

(a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 68(5) or 76(5) that the application is accepted, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) If, during the negotiation period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is (or unions are) to have access to the relevant workers before the time when (apart from this sub-paragraph) the negotiation period would end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the date of the notice.

(5) A notice under sub-paragraph (4) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.

(6) If, during the negotiation period, the parties apply to the CAC for a declaration that the negotiation period is to end with a date (specified in the application) which is earlier or later than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date.

81C (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 66 or 75,

(b) the union requests (or unions request) access to the relevant workers under paragraph 81A(2) in connection with the application,

(c) the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the relevant workers, and

(d) the application is in progress.

(2) Within the adjudication period, the CAC must—

(a) decide the terms on which the union is (or unions are) to have access to the relevant workers, or

(b) decide that the union is (or unions are) not to have access to the relevant workers.

(3) The adjudication period is—

(a) the period of 10 working days starting with the day after the day with which the negotiation period ends, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the relevant workers as is reasonable to enable the union (or unions) to—

(a) inform the workers of the object of the application or any ballot arising from it, and

(b) seek their support and their opinions on the issues involved.

81D (1) This paragraph applies if—

(a) an access agreement is entered into, and

(b) the application under paragraph 66 or 75 is in progress.

(2) “Access agreement” means—

(a) terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 81B during the negotiation period, or

(b) terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 81C,

and such an agreement is “entered into” when the terms are so agreed or decided.

(3) The parties must comply with the access agreement.

(4) The employer must refrain from making any offer to any or all of the relevant workers which—

(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the relevant workers, and

(b) is not reasonable in the circumstances.

(5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—

(a) attended or took part in any relevant meeting between the union (or unions) and the relevant workers, or

(b) indicated an intention to attend or take part in such a meeting.

(6) The relevant workers are—

(a) in relation to any time before the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the original unit, and

(b) in relation to any time after the CAC decides that a bargaining unit other than the original unit is an appropriate bargaining unit, the workers constituting the new unit (see paragraph 82(4)).

(7) But, where there is more than one new unit, references to the relevant workers are references to the workers constituting each new unit separately.

(8) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—

(a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 81E to remedy a failure to comply with the duty in sub-paragraph (3), and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(9) The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.

(10) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to any person other than a person appointed to conduct a ballot under paragraph 25 (where it applies by virtue of paragraph 89(4)) is of no effect for the purposes of this Part of this Schedule.

(11) “Personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(12) An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, 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.

81E (1) Sub-paragraph (2) applies if—

(a) the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 81D, and

(b) the application under paragraph 66 or 75 is in progress.

(2) The CAC may order the party—

(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b) to do so within such period as the CAC considers reasonable and specifies in the order.

(3) Sub-paragraphs (4) and (5) apply if—

(a) the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2),

(b) the application under paragraph 66 or 75 is in progress, and

(c) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”).

(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

81F (1) Each of the powers specified in sub-paragraph (2) is to be taken to include power to issue Codes of Practice about any matter relating to requests for access under paragraph 81A(2), including (among other things)—

(a) what access is reasonable for the purposes of paragraph 81C(4);

(b) the duty in paragraph 81D(4).

(2) The powers are—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).”

Commencement Information

I115 Sch. 6 para. 40 not in force at Royal Assent, see s. 159(3)

I116 Sch. 6 para. 40 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Unfair practices E+W+S

41 After paragraph 81F (inserted by paragraph 40 of this Schedule) insert—

Unfair practices

81G (1) Each of the parties informed by the CAC under paragraph 68(5) or 76(5) that an application under paragraph 66 or 75 is accepted must refrain from using any unfair practice in relation to the application.

(2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—

(a) dismisses, or threatens to dismiss, a worker;

(b) takes, or threatens to take, disciplinary action against a worker;

(c) subjects, or threatens to subject, a worker to any other detriment;

(d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;

(e) makes an outcome-specific offer to a relevant worker;

(f) coerces, or attempts to coerce, a relevant worker to disclose—

(i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or

(ii) how the worker intends to vote, or has voted, in any relevant ballot;

(g) uses, or attempts to use, undue influence on a relevant worker.

(3) In sub-paragraph (2)—

(a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and

(b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.

(4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—

(a) is conditional on the issuing by the CAC of a declaration that—

(i) the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or

(ii) the union is (or unions are) not entitled to be so recognised, and

(b) is not conditional on anything which is done or occurs as a result of the declaration in question.

(5) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

(6) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

81H (1) A party may complain to the CAC that another party has failed to comply with paragraph 81G.

(2) A complaint under sub-paragraph (1) may not be made after a conclusion event occurs.

(3) The following are conclusion events—

(a) the withdrawal of the application under paragraph 66 or 75;

(b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;

(c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);

(d) if the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), any of the following occurring in relation to the new unit (or, if there is more than one, all of the new units)—

(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5));

(ii) the union (or unions) notifying the CAC under paragraph 89(1);

(iii) the post-ballot complaint period having ended.

(4) The post-ballot complaint period is, in relation to any ballot held arising from the application, the period of 5 working days after—

(a) the date of the ballot, or

(b) if votes may be cast in the ballot on more than one day, the last of those days.

(5) Within the decision period the CAC must decide whether the complaint is well-founded.

(6) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.

(7) The decision period is—

(a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or

(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.

81I (1) This paragraph applies if the CAC decides that a complaint under paragraph 81H is well-founded.

(2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.

(3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.

(4) Sub-paragraph (5) applies if—

(a) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”), and

(b) the CAC has at any time informed the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).

(5) The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot (or secret ballots) in which the workers constituting the new unit (or each of the new units) are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

(6) The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—

(a) the withdrawal of the application under paragraph 66 or 75;

(b) the CAC issuing a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application;

(c) the CAC notifying the union (or unions) of its decision under paragraph 77(2) or 77(3);

(d) in relation to the new unit (or, if there is more than one, all of the new units)—

(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)),

(ii) the union (or unions) notifying the CAC under paragraph 89(1), or

(iii) if the CAC informs the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of any ballot arising from the application, the CAC acting under paragraph 29 (where it applies by virtue of paragraph 89(5)) in relation to the ballot.

(7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 81G.

(8) The CAC may make more than one order under sub-paragraph (3).

81J (1) Sub-paragraphs (4) to (6) apply if—

(a) the CAC issues a declaration under paragraph 81I(2) that a complaint that a party has failed to comply with paragraph 81G is well-founded,

(b) the application under paragraph 66 or 75 has not been withdrawn,

(c) the CAC has given notice under paragraph 70 or 79 of a decision as to the bargaining unit which is (or units which are) appropriate (each, a “new unit”),

(d) the CAC has not issued a declaration under paragraph 69(3), 78(3), 81E(4) or (5) or 81J(4) or (5) in relation to the application,

(e) the CAC has not notified the union (or unions) of its decision under paragraph 77(2) or 77(3),

(f) in relation to the new unit (or, if there is more than one, all of the new units), neither of the following has occurred—

(i) the CAC issuing a declaration under paragraph 83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2) (where it applies by virtue of paragraph 89(5)), or

(ii) the union (or unions) notifying the CAC under paragraph 89(1), and

(g) sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—

(a) the use of violence, or

(b) the dismissal of a union official.

(3) This sub-paragraph applies if the CAC has made an order under paragraph 81I(3) and—

(a) it is satisfied that the party subject to the order has failed to comply with it, or

(b) it makes another declaration under paragraph 81I(2) in relation to a complaint against that party.

(4) If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

(6) The powers conferred by this paragraph are in addition to those conferred by paragraph 81I.”

Commencement Information

I117 Sch. 6 para. 41 not in force at Royal Assent, see s. 159(3)

I118 Sch. 6 para. 41 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Prospective

Powers of CAC where CAC decides new unit appropriate E+W+S

42 (1) Paragraph 86 (new bargaining unit: assessment of support) is amended as follows.

(2) For sub-paragraph (2) substitute—

“(2) The CAC must decide whether members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the new unit.”

(3) In sub-paragraph (3), for “one or both of the questions in the negative” substitute “that members of the union (or unions) do not constitute at least the required percentage of the workers constituting the new unit”.

Commencement Information

I119 Sch. 6 para. 42 not in force at Royal Assent, see s. 159(3)

43 In paragraph 87 (powers of CAC where majority of workers are members of union), for sub-paragraph (1) substitute—

“(1) This paragraph applies if, following a decision under paragraph 86(2), the CAC is satisfied that a majority of workers constituting the new unit are members of the union (or unions).”

Commencement Information

I120 Sch. 6 para. 43 not in force at Royal Assent, see s. 159(3)

44 In paragraph 88 (powers of CAC where majority of workers are not members of union), for sub-paragraph (1) substitute—

“(1) This paragraph applies if—

(a) the CAC decides under paragraph 86(2) that members of the union (or unions) constitute at least the required percentage of the workers constituting the new unit, but

(b) the CAC is not satisfied that a majority of workers constituting the new unit are members of the union (or unions).”

Commencement Information

I121 Sch. 6 para. 44 not in force at Royal Assent, see s. 159(3)

45 (1) Paragraph 89 (ballots) is amended as follows.

(2) In sub-paragraph (4), at the end insert “, but as if paragraph 25(1A) were omitted.”

(3) In sub-paragraph (5)—

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

(b) after paragraph (a) insert—

“(aa) references to provisions of paragraphs 19G to 19P were references to the corresponding provisions of paragraphs 81A to 81J,

(ab) the duty in paragraph 26(4) included—

(i) a duty to give to the CAC, as soon as is reasonably practicable, the name and home address of any worker who joins the bargaining unit after the employer has complied with paragraph 26(4)(a), and

(ii) a duty to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under that duty and who ceases to be within the bargaining unit, and”;

(c) in paragraph (b), for “26(4F) to (4H)” substitute “26(4F) and (4H)”.

(4) In sub-paragraph (8), for “or 27D(3)” substitute “, 81E(4) or 81J(4)”.

(5) In sub-paragraph (9), for “27D(4)” substitute “81E(5) or 81J(5)”.

Commencement Information

I122 Sch. 6 para. 45 not in force at Royal Assent, see s. 159(3)

Prospective

Withdrawal of application E+W+S

46 In paragraph 93 (withdrawal of application), in sub-paragraph (1)(a), for “or 78(3)” substitute “, 78(3), 81E(4) or (5) or 81J(4) or (5)”.

Commencement Information

I123 Sch. 6 para. 46 not in force at Royal Assent, see s. 159(3)

Part 4 E+W+S Derecognition

Access agreements E+W+S

47 After paragraph 116 insert—

Access agreements

116A (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 106, 107 or 112, and

(b) the application is in progress.

(2) The union (or unions) may, by giving notice to the CAC and the employer within the access request period, request access to the workers constituting the bargaining unit in connection with the application.

(3) The access request period is the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 111(5) or 115(5) that the application is accepted.

(4) For the purposes of this paragraph and paragraphs 116B to 116E, an application under paragraph 106, 107 or 112 is in progress if none of the following has occurred—

(a) in the case of an application under paragraph 106 or 107, the withdrawal of the application;

(b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);

(c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);

(d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;

(e) the holding of any ballot arising from the application.

116B (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 106, 107 or 112,

(b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(2) in connection with the application, and

(c) the application is in progress.

(2) The CAC must try to help the parties to reach agreement within the negotiation period as to terms on which the union is (or unions are) to have access to the workers.

(3) The negotiation period is, subject to any notice under sub-paragraph (4) or (6)—

(a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 111(5) or 115(5) that the application is accepted, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) If, during the negotiation period, the CAC concludes that there is no reasonable prospect of the parties’ agreeing terms on which the union is (or unions are) to have access to the workers before the time when (apart from this sub-paragraph) the negotiation period would end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the date of the notice.

(5) A notice under sub-paragraph (4) must contain reasons for reaching the conclusion mentioned in that sub-paragraph.

(6) If, during the negotiation period, the parties apply to the CAC for a declaration that the negotiation period is to end with a date (specified in the application) which is earlier or later than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the negotiation period ends with the specified date.

116C (1) This paragraph applies if—

(a) the CAC accepts an application under paragraph 106, 107 or 112,

(b) the union requests (or unions request) access to the workers constituting the bargaining unit under paragraph 116A(2) in connection with the application,

(c) the parties have not within the negotiation period agreed terms on which the union is (or unions are) to have access to the workers, and

(d) the application is in progress.

(2) Within the adjudication period, the CAC must—

(a) decide the terms on which the union is (or unions are) to have access to the workers, or

(b) decide that the union is (or unions are) not to have access to the workers.

(3) The adjudication period is—

(a) the period of 10 working days starting with the day after the day with which the negotiation period ends, or

(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.

(4) Any terms decided by the CAC must be terms that the CAC regards as allowing such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to—

(a) inform the workers of the object of the application or any ballot arising from it, and

(b) seek their support and their opinions on the issues involved.

116D (1) This paragraph applies if—

(a) an access agreement is entered into, and

(b) the application under paragraph 106, 107 or 112 is in progress.

(2) “Access agreement” means—

(a) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or

(b) terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C,

and such an agreement is to be treated as “entered into” when the terms are so agreed or decided.

(3) The parties must comply with the access agreement.

(4) The employer must refrain from making any offer to any or all of the workers constituting the bargaining unit which—

(a) has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

(b) is not reasonable in the circumstances.

(5) The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker—

(a) attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

(b) indicated an intention to attend or take part in such a meeting.

(6) A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4) and (5) if—

(a) it is organised in accordance with an access agreement or as a result of a step ordered to be taken under paragraph 116E to remedy a failure to comply with the duty in sub-paragraph (3), and

(b) it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

(7) The duties imposed by sub-paragraphs (4) and (5) do not confer any rights on a worker; but that does not affect any other right which a worker may have.

(8) Any provision of an access agreement that would require personal data relating to any of the relevant workers to be disclosed to a person other than a person appointed under paragraph 117 to conduct a ballot is of no effect for the purposes of this Part of this Schedule.

(9) “Personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(10) An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract; and, 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.

116E (1) Sub-paragraph (2) applies if—

(a) the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 116D, and

(b) the application under paragraph 106, 107 or 112 is in progress.

(2) The CAC may order the party—

(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b) to do so within such period as the CAC considers reasonable and specifies in the order.

(3) Sub-paragraphs (4) and (5) apply if—

(a) the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2), and

(b) the application under paragraph 106, 107 or 112 is in progress.

(4) If the party that has failed to comply is the employer, the CAC may—

(a) refuse the employer’s application under paragraph 106 or 107;

(b) order the employer to refrain from any campaigning in relation to an application under paragraph 112.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect; and the bargaining arrangements cease to have effect accordingly.

116F (1) This paragraph applies if the CAC has made an order under paragraph 116E(4)(b) in relation to an application under paragraph 112.

(2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.

(3) The order may be enforced—

(a) in England and Wales, in the same way as an order of the county court;

(b) in Scotland, in the same way as an order of the sheriff.

116G (1) Each of the powers specified in sub-paragraph (2) is to be taken to include power to issue Codes of Practice about any matter relating to requests for access under paragraph 116A(2), including (among other things)—

(a) what access is reasonable for the purposes of paragraph 116C(4);

(b) the duty in paragraph 116D(4).

(2) The powers are—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).”

Commencement Information

I124 Sch. 6 para. 47 not in force at Royal Assent, see s. 159(3)

I125 Sch. 6 para. 47 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Unfair practices E+W+S

48 After paragraph 116G (inserted by paragraph 47 of this Schedule) insert—

Unfair practices

116H (1) Each of the parties informed by the CAC under paragraph 111(5) or 115(5) that an application under paragraph 106, 107 or 112 is accepted must refrain from using any unfair practice in relation to the application.

(2) A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—

(a) dismisses, or threatens to dismiss, a worker;

(b) takes, or threatens to take, disciplinary action against a worker;

(c) subjects, or threatens to subject, a worker to any other detriment;

(d) offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;

(e) makes an outcome-specific offer to a relevant worker;

(f) coerces, or attempts to coerce, a relevant worker to disclose—

(i) whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or

(ii) how the worker intends to vote, or has voted, in any relevant ballot;

(g) uses, or attempts to use, undue influence on a relevant worker.

(3) In sub-paragraph (2)—

(a) “relevant ballot” means any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended, and

(b) “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.

(4) For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—

(a) is conditional on—

(i) the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or

(ii) the refusal by the CAC of an application under paragraph 106, 107 or 112, and

(b) is not conditional on anything which is done or occurs as a result of that declaration, or, as the case may be, of that refusal.

(5) For the purposes of this paragraph and paragraphs 116I to 116K as they apply in relation to an application under paragraph 112, references to a party are to be read as including references to the worker or workers making the application.

(6) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

(7) Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

116I (1) A party may complain to the CAC that another party has failed to comply with paragraph 116H.

(2) A complaint under sub-paragraph (1) may not be made after—

(a) in the case of an application under paragraph 106 or 107, the application is withdrawn;

(b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);

(c) the CAC refuses the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);

(d) the CAC notifies the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;

(e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the fifth working day after—

(i) the date of the ballot, or

(ii) if votes may be cast in the ballot on more than one day, the last of those days.

(3) Within the decision period the CAC must decide whether the complaint is well-founded.

(4) A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.

(5) The decision period is—

(a) the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or

(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.

116J (1) This paragraph applies if the CAC decides that a complaint under paragraph 116I is well-founded.

(2) The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.

(3) The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.

(4) Sub-paragraph (5) applies if the CAC has at any time informed the union (or unions) under paragraph 117(11) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).

(5) The CAC may make arrangements for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended.

(6) The CAC may make an order under sub-paragraph (3), or make arrangements under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—

(a) in the case of an application under paragraph 106 or 107, the withdrawal of the application;

(b) in the case of an application under paragraph 112, an agreement or withdrawal as described in paragraph 116(1);

(c) the CAC refusing the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2);

(d) the CAC notifying the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application;

(e) if the CAC informs the union (or unions) under paragraph 117(11) of a ballot, the CAC acting under paragraph 121 in relation to the ballot.

(7) The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 116H.

(8) The CAC may make more than one order under sub-paragraph (3).

116K (1) Sub-paragraphs (4) to (7) apply if—

(a) the CAC issues a declaration under paragraph 116J(2) that a complaint that a party has failed to comply with paragraph 116H is well-founded,

(b) the application under paragraph 106, 107 or 112 has not been withdrawn or, in the case of an application under paragraph 112, there has been no agreement as described in paragraph 116(1),

(c) the CAC has not refused the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2),

(d) the CAC has not notified the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application, and

(e) sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—

(a) the use of violence, or

(b) the dismissal of a union official.

(3) This sub-paragraph applies if the CAC has made an order under paragraph 116J(3) and—

(a) it is satisfied that the party subject to the order has failed to comply with it, or

(b) it makes another declaration under paragraph 116J(2) in relation to a complaint against that party.

(4) If the party that has failed to comply is the employer, the CAC may—

(a) refuse the employer’s application under paragraph 106 or 107;

(b) order the employer to refrain from any campaigning in relation to an application under paragraph 112.

(5) If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration; and the bargaining arrangements cease to have effect accordingly.

(6) If the party that has failed to comply is the worker making an application under paragraph 112 (or any of the workers making an application under paragraph 112), the CAC may refuse the application.

(7) The powers conferred by this paragraph are in addition to those conferred by paragraph 116J.

116L (1) This paragraph applies if the CAC has made an order against the employer under paragraph 116J(3) or 116K(4)(b) in relation to an application under paragraph 112.

(2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.

(3) The order may be enforced—

(a) in England and Wales, in the same way as an order of the county court;

(b) in Scotland, in the same way as an order of the sheriff.”

Commencement Information

I126 Sch. 6 para. 48 not in force at Royal Assent, see s. 159(3)

I127 Sch. 6 para. 48 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

Prospective

Ballots E+W+S

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

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

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

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

Commencement Information

I128 Sch. 6 para. 49 not in force at Royal Assent, see s. 159(3)

50 (1) Paragraph 118 (duties of employer in relation to ballot) is amended as follows. E+W+S

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

(3) In sub-paragraph (2)—

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

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

(4) Omit sub-paragraph (3).

(5) In sub-paragraph (4)—

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

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

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

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

(6) After sub-paragraph (4) insert—

“(4ZA) If the ballot is arranged under paragraph 116J(5), the duty under sub-paragraph (4)(a) is limited to—

(a) giving the CAC the names and home addresses of any workers in the bargaining unit which have not previously been given to it in accordance with that duty;

(b) giving the CAC the names and home addresses of those workers who have joined the bargaining unit since the employer last gave the CAC information in accordance with that duty;

(c) informing the CAC of any change to the name or home address of a worker whose name and home address have previously been given to the CAC in accordance with that duty;

(d) informing the CAC of any worker whose name had previously been given to it in accordance with that duty who has ceased to be within the bargaining unit.”

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

Commencement Information

I129 Sch. 6 para. 50 not in force at Royal Assent, see s. 159(3)

51 E+W+S In paragraph 119 (breach of paragraph 118), after sub-paragraph (4) insert—

“(5) If—

(a) the ballot has been arranged in consequence of an application under paragraph 112,

(b) the CAC has made an order against the employer under sub-paragraph (1), and

(c) the ballot has not been held,

the worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order.

(6) The order may be enforced—

(a) in England and Wales, in the same way as an order of the county court;

(b) in Scotland, in the same way as an order of the sheriff.”

Commencement Information

I130 Sch. 6 para. 51 not in force at Royal Assent, see s. 159(3)

52 E+W+S After paragraph 119 insert—

“119ZA (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 117(11), and

(b) the CAC refuses an application or issues a declaration under paragraph 116E.

(2) If the ballot has not been held, the CAC must take steps to cancel it.

(3) If the ballot is held, it is to have no effect.

119ZB (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 117(11),

(b) a complaint is made under paragraph 116I, and

(c) the ballot did not begin before the beginning of the decision period referred to in paragraph 116I(5).

(2) The CAC may by notice to the parties and the qualified independent person postpone the date on which the ballot is to begin until a date which falls after the end of the decision period.

(3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.

119ZC (1) This paragraph applies if—

(a) the union has (or unions have) been informed of a ballot under paragraph 117(11),

(b) the CAC issues a declaration that a complaint under paragraph 116I is well-founded, and

(c) the CAC—

(i) makes arrangements under paragraph 116J(5),

(ii) refuses under paragraph 116K(4)(a) or (6) an application under paragraph 106, 107 or 112, or

(iii) issues a declaration under paragraph 116K(5).

(2) If the ballot has not been held, the CAC must take steps to cancel it.

(3) If the ballot is held, it is to have no effect.

119ZD (1) This paragraph applies if—

(a) the CAC makes arrangements under paragraph 116J(5), and

(b) the CAC has previously given an order under paragraph 119(1) in relation to a cancelled or ineffective ballot in connection with the application to which the notice relates.

(2) The order has effect, to the extent that the CAC specifies in a notice to the parties, as if it were made for the purposes of the ballot for which arrangements are made under paragraph 116J(5).

(3) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.”

Commencement Information

I131 Sch. 6 para. 52 not in force at Royal Assent, see s. 159(3)

53 E+W+S Omit paragraphs 119A to 119I (unfair practices during ballot).

Commencement Information

I132 Sch. 6 para. 53 not in force at Royal Assent, see s. 159(3)

54 (1) Paragraph 120 (costs of ballot) is amended as follows. E+W+S

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

(3) After sub-paragraph (1) insert—

“(1A) If the holding of the ballot is arranged under paragraph 116J(5), the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine.

(1B) In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application.”

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

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

Commencement Information

I133 Sch. 6 para. 54 not in force at Royal Assent, see s. 159(3)

55 E+W+S In paragraph 121 (result of ballot), for sub-paragraphs (1) and (1A) substitute—

“(1) The CAC must act under this paragraph as soon as reasonably practicable after—

(a) the CAC is informed of the result of a ballot by the person conducting it, and

(b) the complaint period ends.

(1ZA) The complaint period is the period of 5 working days starting with the day after—

(a) the date of the ballot, or

(b) if votes may be cast in the ballot on more than one day, the last of those days.

(1A) The duty in sub-paragraph (1) does not apply—

(a) if a complaint is made under paragraph 116I, on or before the day on which the CAC decides whether the complaint is well-founded;

(b) if the CAC makes arrangements under paragraph 116J(5).”

Commencement Information

I134 Sch. 6 para. 55 not in force at Royal Assent, see s. 159(3)

Prospective

Derecognition where recognition automatic E+W+S

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

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

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

Commencement Information

I135 Sch. 6 para. 56 not in force at Royal Assent, see s. 159(3)

57 E+W+S In paragraph 123 (derecognition where recognition automatic on specified terms), in sub-paragraph (1)(a)—

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

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

Commencement Information

I136 Sch. 6 para. 57 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I137 Sch. 6 para. 58 not in force at Royal Assent, see s. 159(3)

59 E+W+S After paragraph 132 insert—

Access agreements

132A Paragraphs 116A to 116E apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116A(1)), as if—

(a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128;

(b) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5);

(c) the references in paragraphs 116A(4)(a) and 116E(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.”

Commencement Information

I138 Sch. 6 para. 59 not in force at Royal Assent, see s. 159(3)

60 E+W+S After paragraph 132A (inserted by paragraph 59 of this Schedule) insert—

Unfair practices

132B Paragraphs 116H to 116K apply if the CAC accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 116H), as if—

(a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128;

(b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 132(5);

(c) the references in paragraphs 116I(2)(a), 116J(6)(a) and 116K(4)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128.”

Commencement Information

I139 Sch. 6 para. 60 not in force at Royal Assent, see s. 159(3)

61 (1) Paragraph 133 (ballot on derecognition) is amended as follows. E+W+S

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

(3) In sub-paragraph (2)—

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

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

Commencement Information

I140 Sch. 6 para. 61 not in force at Royal Assent, see s. 159(3)

Derecognition where union not independent E+W+S

62 After paragraph 146 insert—

Access agreements

146A Paragraphs 116A to 116F apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116A(1)), as if—

(a) the references in paragraphs 116A(1) and (4), 116B(1)(a), 116C(1)(a), 116D(1)(b) and 116E(1)(b) and (3)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137;

(b) the references in paragraphs 116A(4)(b), 116E(4)(b) and 116F(1) to paragraph 112 were to paragraph 112 or 137;

(c) the references in paragraphs 116A(3) and 116B(3)(a) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5);

(d) the reference in paragraph 116A(4)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).”

Commencement Information

I141 Sch. 6 para. 62 not in force at Royal Assent, see s. 159(3)

I142 Sch. 6 para. 62 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

63 E+W+S After paragraph 146A (inserted by paragraph 62 of this Schedule) insert—

Unfair practices

146B Paragraphs 116H to 116L apply if the CAC accepts an application under paragraph 137 (as well as in the cases mentioned in paragraph 116H), as if—

(a) the references in paragraphs 116H(1) and (4)(a)(ii) and 116K(1)(b) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137;

(b) the reference in paragraph 116H(1) to paragraph 111(5) or 115(5) were to paragraph 111(5), 115(5) or 141(5);

(c) the references in paragraphs 116H(5), 116I(2)(b), 116J(6)(b), 116K(1)(b), (4)(b) and (6) and 116L(1) to paragraph 112 were to paragraph 112 or 137;

(d) the references in paragraphs 116I(2)(b) and 116J(6)(b) to paragraph 116(1) were to paragraph 116(1), 142(1) or 145(3).”

Commencement Information

I143 Sch. 6 para. 63 not in force at Royal Assent, see s. 159(3)

I144 Sch. 6 para. 63 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b)

64 (1) Paragraph 147 (ballot on derecognition) is amended as follows. E+W+S

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

(3) In sub-paragraph (2)—

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

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

(c) after paragraph (c) insert—

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

Commencement Information

I145 Sch. 6 para. 64 not in force at Royal Assent, see s. 159(3)

Prospective

Part 5 E+W+S Meaning of “the required percentage”

65 E+W+S After paragraph 171A insert—

“The required percentage”

171B (1) In this Schedule, “the required percentage” means 10%.

(2) The Secretary of State may by regulations amend this paragraph so that the required percentage is a percentage—

(a) not greater than 10%, and

(b) not less than 2%.

(3) Regulations under sub-paragraph (2)—

(a) are to be made by statutory instrument;

(b) may include supplementary, incidental, saving or transitional provision, including provision amending this Schedule;

(c) may make different provision for different cases.

(4) A statutory instrument containing regulations under sub-paragraph (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I146 Sch. 6 para. 65 not in force at Royal Assent, see s. 159(3)

Prospective

Part 6 E+W+S Consequential amendments

66 (1) The Employment Relations Act 2004 is amended as follows. E+W+S

(2) In section 9—

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

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

(c) omit subsections (6) to (9).

(3) Omit section 10.

(4) Omit section 13.

(5) In paragraph 23 of Schedule 1—

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

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

(c) in sub-paragraph (13), omit paragraph (b) (and the “and” before it);

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

(e) omit sub-paragraph (19);

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

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

Commencement Information

I147 Sch. 6 para. 66 not in force at Royal Assent, see s. 159(3)

Section 90(1)

Schedule 7 U.K. Legislation subject to enforcement under Part 5

Prospective

Part 1 U.K. Relevant labour market legislation

Employment Agencies Act 1973 U.K.

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

Commencement Information

I148 Sch. 7 para. 1 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I149 Sch. 7 para. 2 not in force at Royal Assent, see s. 159(3)

Social Security Contributions and Benefits Act 1992 U.K.

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

Commencement Information

I150 Sch. 7 para. 3 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I151 Sch. 7 para. 4 not in force at Royal Assent, see s. 159(3)

Social Security Administration Act 1992 U.K.

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

Commencement Information

I152 Sch. 7 para. 5 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I153 Sch. 7 para. 6 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I154 Sch. 7 para. 7 not in force at Royal Assent, see s. 159(3)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 U.K.

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

Commencement Information

I155 Sch. 7 para. 8 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I156 Sch. 7 para. 9 not in force at Royal Assent, see s. 159(3)

Social Security Administration (Northern Ireland) Act 1992 U.K.

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

Commencement Information

I157 Sch. 7 para. 10 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I158 Sch. 7 para. 11 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I159 Sch. 7 para. 12 not in force at Royal Assent, see s. 159(3)

Employment Tribunals Act 1996 U.K.

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

Commencement Information

I160 Sch. 7 para. 13 not in force at Royal Assent, see s. 159(3)

National Minimum Wage Act 1998 U.K.

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

Commencement Information

I161 Sch. 7 para. 14 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I162 Sch. 7 para. 15 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I163 Sch. 7 para. 16 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I164 Sch. 7 para. 17 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I165 Sch. 7 para. 18 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I166 Sch. 7 para. 19 not in force at Royal Assent, see s. 159(3)

20 Section 31 of that Act (offences).

Commencement Information

I167 Sch. 7 para. 20 not in force at Royal Assent, see s. 159(3)

Working Time Regulations 1998 U.K.

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

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

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

(c) regulation 16A (rolled-up holiday pay for irregular hours workers and part-year workers);

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

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

Commencement Information

I168 Sch. 7 para. 21 not in force at Royal Assent, see s. 159(3)

Gangmasters (Licensing) Act 2004 U.K.

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

Commencement Information

I169 Sch. 7 para. 22 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I170 Sch. 7 para. 23 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I171 Sch. 7 para. 24 not in force at Royal Assent, see s. 159(3)

25 Sections 12 and 13 of that Act (offences).

Commencement Information

I172 Sch. 7 para. 25 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I173 Sch. 7 para. 26 not in force at Royal Assent, see s. 159(3)

Fraud Act 2006 U.K.

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

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

(b) is committed in relation to a worker.

Commencement Information

I174 Sch. 7 para. 27 not in force at Royal Assent, see s. 159(3)

Modern Slavery Act 2015 U.K.

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

Commencement Information

I175 Sch. 7 para. 28 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I176 Sch. 7 para. 29 not in force at Royal Assent, see s. 159(3)

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

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

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

(c) offences committed in relation to orders within sub-paragraph (2).

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

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

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

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

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

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

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

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

(c) an ancillary offence relating to an offence within paragraph (a) or (b).

Commencement Information

I177 Sch. 7 para. 30 not in force at Royal Assent, see s. 159(3)

Employment Rights Act 2025 U.K.

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

Commencement Information

I178 Sch. 7 para. 31 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I179 Sch. 7 para. 32 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I180 Sch. 7 para. 33 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I181 Sch. 7 para. 34 not in force at Royal Assent, see s. 159(3)

Part 2 U.K. Power to amend Part 1

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

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

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

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

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

(b) the treatment of employees or workers;

(c) requirements, restrictions or prohibitions imposed on employers;

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

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

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

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

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

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

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

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

(b) section 92 (delegation of functions);

(c) section 103 (power to give notice of underpayment);

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

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

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

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

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

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

Commencement Information

I182 Sch. 7 para. 35 not in force at Royal Assent, see s. 159(3)

I183 Sch. 7 para. 35 in force at 6.1.2026 by S.I. 2026/3, reg. 2(38)

Prospective

Section 131(5)

Schedule 8 U.K. Warrants under Part 5: further provision

Part 1 U.K. Application of this Schedule

1 U.K. This Schedule applies in relation to—

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

(b) warrants issued under section 98 or 102.

Commencement Information

I184 Sch. 8 para. 1 not in force at Royal Assent, see s. 159(3)

Part 2 U.K. Warrants: applications and safeguards

Applications for warrants U.K.

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

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

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

(c) specify the premises which it is desired to enter, and

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

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

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

Commencement Information

I185 Sch. 8 para. 2 not in force at Royal Assent, see s. 159(3)

Safeguards in connection with power of entry conferred by warrant U.K.

3 A warrant authorises an entry on one occasion only.

Commencement Information

I186 Sch. 8 para. 3 not in force at Royal Assent, see s. 159(3)

4 (1) A warrant must specify—

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

(b) the date on which it is issued,

(c) the provision of this Act under which it is issued, and

(d) the premises to be entered.

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

Commencement Information

I187 Sch. 8 para. 4 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I188 Sch. 8 para. 5 not in force at Royal Assent, see s. 159(3)

Part 3 U.K. Execution of warrants

Warrant to be executed within three months U.K.

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

Commencement Information

I189 Sch. 8 para. 6 not in force at Royal Assent, see s. 159(3)

Time of entry U.K.

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

Commencement Information

I190 Sch. 8 para. 7 not in force at Royal Assent, see s. 159(3)

Evidence of authority etc U.K.

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

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

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

(c) the officer must produce the warrant to the occupier;

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

(2) Where—

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

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

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

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

Commencement Information

I191 Sch. 8 para. 8 not in force at Royal Assent, see s. 159(3)

Securing premises after entry U.K.

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

Commencement Information

I192 Sch. 8 para. 9 not in force at Royal Assent, see s. 159(3)

Return and retention of warrants U.K.

10 (1) A warrant which—

(a) has been executed, or

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

must be returned to the appropriate person.

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

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

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

(c) in the case of a warrant issued in Scotland by a sheriff or a summary sheriff, the sheriff clerk;

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

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

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

Commencement Information

I193 Sch. 8 para. 10 not in force at Royal Assent, see s. 159(3)

Prospective

Section 135(5)

Schedule 9 U.K. Persons to whom information may be disclosed under section 135

Commencement Information

I194 Sch. 9 not in force at Royal Assent, see s. 159(3)

Authorities with functions in connection with the labour market or the workplace etc U.K.

• The Commissioners for His Majesty’s Revenue and Customs.

• The Health and Safety Executive.

• An enforcing authority within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974 (see section 18(7) of that Act).

• An inspector appointed by such an enforcing authority (see section 19 of that Act).

• An officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839 (N.I. 20)).

• An enforcement authority within the meaning of regulation 28 of the Working Time Regulations 1998 (S.I. 1998/1833).

• An inspector appointed by such an enforcement authority (see Schedule 3 to those Regulations).

• The Advisory, Conciliation and Arbitration Service.

• The Low Pay Commission.

• The Pensions Regulator.

• The Pensions Ombudsman.

• The Security Industry Authority.

Law enforcement and border security U.K.

• A chief officer of police of a police force maintained for a police area in England and Wales.

• A local policing body.

• The Chief Constable of the British Transport Police Force.

• The chief constable of the Police Service of Scotland.

• The Chief Constable of the Police Service of Northern Ireland.

• The National Crime Agency.

• A person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

Local government U.K.

• A county council or district council in England.

• A London borough council.

• The Greater London Authority.

• The Common Council of the City of London in its capacity as a local authority.

• The Council of the Isles of Scilly.

• A county council or county borough council in Wales.

• A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• A district council in Northern Ireland.

Health and social care bodies U.K.

• The Care Quality Commission.

• A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

• An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

• A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

• A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.

• A Special Health Board constituted under that section.

• Healthcare Improvement Scotland.

• Social Care Wales.

• Social Care and Social Work Improvement Scotland.

• The Scottish Social Services Council.

• The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.

Other persons U.K.

• The Equality and Human Rights Commission.

• The Independent Anti-slavery Commissioner.

• The Welsh Ministers.

• A Northern Ireland department.

Section 149(1)

Schedule 10 U.K. Consequential amendments relating to Part 5

Part 1 U.K. Existing powers under relevant labour market legislation

Prospective

Employment Agencies Act 1973 U.K.

1 The Employment Agencies Act 1973 is amended as follows.

Commencement Information

I195 Sch. 10 para. 1 not in force at Royal Assent, see s. 159(3)

2 U.K. Omit section 8A (appointment of officers).

Commencement Information

I196 Sch. 10 para. 2 not in force at Royal Assent, see s. 159(3)

3 U.K. Omit section 9 (inspection).

Commencement Information

I197 Sch. 10 para. 3 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I198 Sch. 10 para. 4 not in force at Royal Assent, see s. 159(3)

Prospective

Part 2A of Employment Tribunals Act 1996 U.K.

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

Commencement Information

I199 Sch. 10 para. 5 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I200 Sch. 10 para. 6 not in force at Royal Assent, see s. 159(3)

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

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

(3) In subsection (2)—

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

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

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

Commencement Information

I201 Sch. 10 para. 7 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I202 Sch. 10 para. 8 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I203 Sch. 10 para. 9 not in force at Royal Assent, see s. 159(3)

10 U.K. In section 37I (withdrawal of warning notice), in subsection (1)—

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

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

Commencement Information

I204 Sch. 10 para. 10 not in force at Royal Assent, see s. 159(3)

11 U.K. In section 37J (withdrawal of penalty notice), in subsection (1)—

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

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

Commencement Information

I205 Sch. 10 para. 11 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I206 Sch. 10 para. 12 not in force at Royal Assent, see s. 159(3)

13 U.K. Omit section 37M (enforcement officers).

Commencement Information

I207 Sch. 10 para. 13 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I208 Sch. 10 para. 14 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I209 Sch. 10 para. 15 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I210 Sch. 10 para. 16 not in force at Royal Assent, see s. 159(3)

Prospective

National Minimum Wage Act 1998 U.K.

17 The National Minimum Wage Act 1998 is amended as follows.

Commencement Information

I211 Sch. 10 para. 17 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I212 Sch. 10 para. 18 not in force at Royal Assent, see s. 159(3)

19 U.K. Omit section 14 (powers of officers).

Commencement Information

I213 Sch. 10 para. 19 not in force at Royal Assent, see s. 159(3)

20 U.K. Omit section 15 (information obtained by officers).

Commencement Information

I214 Sch. 10 para. 20 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I215 Sch. 10 para. 21 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I216 Sch. 10 para. 22 not in force at Royal Assent, see s. 159(3)

23 U.K. Omit sections 19 to 19H (notices of underpayment).

Commencement Information

I217 Sch. 10 para. 23 not in force at Royal Assent, see s. 159(3)

24 U.K. In section 31 (offences), omit subsection (5).

Commencement Information

I218 Sch. 10 para. 24 not in force at Royal Assent, see s. 159(3)

Gangmasters (Licensing) Act 2004 U.K.

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

Commencement Information

I219 Sch. 10 para. 25 not in force at Royal Assent, see s. 159(3)

I220 Sch. 10 para. 25 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(a)

26 U.K. Omit the italic heading before section 1.

Commencement Information

I221 Sch. 10 para. 26 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I222 Sch. 10 para. 27 not in force at Royal Assent, see s. 159(3)

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

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

Commencement Information

I223 Sch. 10 para. 28 not in force at Royal Assent, see s. 159(3)

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

(2) In subsection (1)—

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

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

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

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

Commencement Information

I224 Sch. 10 para. 29 not in force at Royal Assent, see s. 159(3)

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

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

(3) In subsection (1)—

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

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

Commencement Information

I225 Sch. 10 para. 30 not in force at Royal Assent, see s. 159(3)

I226 Sch. 10 para. 30 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(b)

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

(2) In subsection (1)—

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

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

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

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

Commencement Information

I227 Sch. 10 para. 31 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I228 Sch. 10 para. 32 not in force at Royal Assent, see s. 159(3)

I229 Sch. 10 para. 32 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(c)

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

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

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

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

Commencement Information

I230 Sch. 10 para. 33 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I231 Sch. 10 para. 34 not in force at Royal Assent, see s. 159(3)

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

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

(3) Omit subsection (2A).

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

Commencement Information

I232 Sch. 10 para. 35 not in force at Royal Assent, see s. 159(3)

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

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

(3) In subsection (1)—

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

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

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

(5) In subsection (3)—

(a) omit paragraph (a);

(b) after paragraph (b) insert—

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

(c) omit paragraphs (c) and (d).

(6) After subsection (3) insert—

“(3A) Arrangements made under subsection (2) with a relevant authority within paragraph (b) or (e) of subsection (3) may provide for payments to be made by the Department in respect of the performance of any function to which the arrangements relate.

(3B) Any sums received by virtue of subsection (3A) by a Minister of the Crown or government department are to be paid into the Consolidated Fund.”

(7) Omit subsection (4).

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

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

(10) After subsection (6) insert—

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

(11) Omit subsection (6A).

Commencement Information

I233 Sch. 10 para. 36 not in force at Royal Assent, see s. 159(3)

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

(2) Omit subsection (A1).

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

Commencement Information

I234 Sch. 10 para. 37 not in force at Royal Assent, see s. 159(3)

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

(2) Omit subsection (A1).

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

(4) After subsection (4) insert—

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

(5) Omit subsection (5).

Commencement Information

I235 Sch. 10 para. 38 not in force at Royal Assent, see s. 159(3)

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

(2) In subsection (1)(a)—

(a) omit “or compliance officer”;

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

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

(4) In subsection (3)—

(a) omit paragraph (a);

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

(c) omit the words after paragraph (b).

Commencement Information

I236 Sch. 10 para. 39 not in force at Royal Assent, see s. 159(3)

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

(2) In subsection (1)—

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

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

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

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

(4) Omit subsection (1B).

(5) In subsection (2)—

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

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

Commencement Information

I237 Sch. 10 para. 40 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I238 Sch. 10 para. 41 not in force at Royal Assent, see s. 159(3)

42 U.K. Omit section 24 (financial provision).

Commencement Information

I239 Sch. 10 para. 42 not in force at Royal Assent, see s. 159(3)

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

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

(3) Omit subsection (4).

(4) In subsection (5)—

(a) omit paragraph (a);

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

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

Commencement Information

I240 Sch. 10 para. 43 not in force at Royal Assent, see s. 159(3)

44 U.K. Omit Schedule 1 (consequential amendments of enactments).

Commencement Information

I241 Sch. 10 para. 44 not in force at Royal Assent, see s. 159(3)

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

(2) Omit paragraphs 3 to 6.

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

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

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

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

(b) omit sub-paragraph (2);

(c) in sub-paragraph (3), for “Authority” substitute “Secretary of State”.

(6) For paragraph 11 substitute—

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

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

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

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

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

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

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

(13) Omit paragraph 18 (financial provision).

Commencement Information

I242 Sch. 10 para. 45 not in force at Royal Assent, see s. 159(3)

I243 Sch. 10 para. 45(1)(6) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(c)

Prospective

Modern Slavery Act 2015 U.K.

46 The Modern Slavery Act 2015 is amended as follows.

Commencement Information

I244 Sch. 10 para. 46 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I245 Sch. 10 para. 47 not in force at Royal Assent, see s. 159(3)

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

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

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

(3) In subsection (7)—

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

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

(4) In subsection (8)(b)—

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

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

Commencement Information

I246 Sch. 10 para. 48 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I247 Sch. 10 para. 49 not in force at Royal Assent, see s. 159(3)

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

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

(3) In subsection (9)—

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

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

Commencement Information

I248 Sch. 10 para. 50 not in force at Royal Assent, see s. 159(3)

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

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

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

(3) In subsection (6)—

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

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

(4) In subsection (7)(b)—

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

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

Commencement Information

I249 Sch. 10 para. 51 not in force at Royal Assent, see s. 159(3)

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

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

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

Commencement Information

I250 Sch. 10 para. 52 not in force at Royal Assent, see s. 159(3)

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

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

(3) In subsection (7)—

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

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

Commencement Information

I251 Sch. 10 para. 53 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I252 Sch. 10 para. 54 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I253 Sch. 10 para. 55 not in force at Royal Assent, see s. 159(3)

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

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

Commencement Information

I254 Sch. 10 para. 56 not in force at Royal Assent, see s. 159(3)

Part 2 U.K. Other consequential amendments

Prospective

Public Records Act 1958 U.K.

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

Commencement Information

I255 Sch. 10 para. 57 not in force at Royal Assent, see s. 159(3)

Prospective

Parliamentary Commissioner Act 1967 U.K.

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

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

Commencement Information

I256 Sch. 10 para. 58 not in force at Royal Assent, see s. 159(3)

Prospective

Superannuation Act 1972 U.K.

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

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

Commencement Information

I257 Sch. 10 para. 59 not in force at Royal Assent, see s. 159(3)

Prospective

House of Commons Disqualification Act 1975 U.K.

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

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

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

Commencement Information

I258 Sch. 10 para. 60 not in force at Royal Assent, see s. 159(3)

Prospective

Northern Ireland Assembly Disqualification Act 1975 U.K.

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

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

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

Commencement Information

I259 Sch. 10 para. 61 not in force at Royal Assent, see s. 159(3)

Prospective

Employment Protection Act 1975 U.K.

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

Commencement Information

I260 Sch. 10 para. 62 not in force at Royal Assent, see s. 159(3)

Police and Criminal Evidence Act 1984 U.K.

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

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

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

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

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

(6) For subsection (11) substitute—

“(11) In this section—

• “enforcement officer” has the meaning given by section 90(3) of the Employment Rights Act 2025;

• “labour market offence” has the same meaning as in Part 5 of that Act (see section 151(1) of that Act).”

Commencement Information

I261 Sch. 10 para. 63 not in force at Royal Assent, see s. 159(3)

I262 Sch. 10 para. 63 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(d)

Prospective

Companies Act 1985 U.K.

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

Commencement Information

I263 Sch. 10 para. 64 not in force at Royal Assent, see s. 159(3)

Prospective

Trade Union and Labour Relations (Consolidation) Act 1992 U.K.

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

Commencement Information

I264 Sch. 10 para. 65 not in force at Royal Assent, see s. 159(3)

Prospective

Criminal Justice and Public Order Act 1994 U.K.

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

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

“(5A) This section applies in relation to enforcement officers who—

(a) are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and

(b) are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,

as it applies in relation to constables.”

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

“(4A) This section applies in relation to enforcement officers who—

(a) are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and

(b) are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,

as it applies in relation to constables.”

Commencement Information

I265 Sch. 10 para. 66 not in force at Royal Assent, see s. 159(3)

Prospective

Deregulation and Contracting Out Act 1994 U.K.

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

Commencement Information

I266 Sch. 10 para. 67 not in force at Royal Assent, see s. 159(3)

Prospective

Employment Tribunals Act 1996 U.K.

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

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

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

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

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

Commencement Information

I267 Sch. 10 para. 68 not in force at Royal Assent, see s. 159(3)

Prospective

Employment Relations Act 1999 U.K.

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

Commencement Information

I268 Sch. 10 para. 69 not in force at Royal Assent, see s. 159(3)

Prospective

Immigration and Asylum Act 1999 U.K.

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

Commencement Information

I269 Sch. 10 para. 70 not in force at Royal Assent, see s. 159(3)

Prospective

Finance Act 2000 U.K.

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

Commencement Information

I270 Sch. 10 para. 71 not in force at Royal Assent, see s. 159(3)

Prospective

Regulation of Investigatory Powers Act 2000 U.K.

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

Commencement Information

I271 Sch. 10 para. 72 not in force at Royal Assent, see s. 159(3)

Prospective

Freedom of Information Act 2000 U.K.

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

(a) the Director of Labour Market Enforcement, and

(b) the Gangmasters and Labour Abuse Authority.

Commencement Information

I272 Sch. 10 para. 73 not in force at Royal Assent, see s. 159(3)

Police Reform Act 2002 U.K.

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

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

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

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

(b) in subsection (3)—

(i) after paragraph (bc) insert—

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

(ii) omit paragraph (bd).

(3) After section 26C insert—

“26CA Enforcement officers appointed under Employment Rights Act 2025

(1) The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984.

(2) In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025.

(3) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.

(4) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5) The Secretary of State or an enforcement officer may disclose information to the Director General, or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General’s behalf, of a relevant complaints function.

(6) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(7) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (5) or (6);

(b) provision about the further disclosure of information that has been so disclosed.

(8) A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(9) But this section does not authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(10) In this section—

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “relevant complaints function” means a function in relation to the exercise of functions by enforcement officers.”

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

Commencement Information

I273 Sch. 10 para. 74 not in force at Royal Assent, see s. 159(3)

I274 Sch. 10 para. 74(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(e)(i)

I275 Sch. 10 para. 74(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(e)(ii)

Prospective

Employment Relations Act 2004 U.K.

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

Commencement Information

I276 Sch. 10 para. 75 not in force at Royal Assent, see s. 159(3)

Prospective

Civil Partnership Act 2004 U.K.

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

Commencement Information

I277 Sch. 10 para. 76 not in force at Royal Assent, see s. 159(3)

Prospective

Pensions Act 2004 U.K.

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

Commencement Information

I278 Sch. 10 para. 77 not in force at Royal Assent, see s. 159(3)

Prospective

Serious Organised Crime and Police Act 2005 U.K.

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

Commencement Information

I279 Sch. 10 para. 78 not in force at Royal Assent, see s. 159(3)

Prospective

Natural Environment and Rural Communities Act 2006 U.K.

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

Commencement Information

I280 Sch. 10 para. 79 not in force at Royal Assent, see s. 159(3)

Prospective

Regulatory Enforcement and Sanctions Act 2008 U.K.

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

Commencement Information

I281 Sch. 10 para. 80 not in force at Royal Assent, see s. 159(3)

Prospective

Employment Act 2008 U.K.

81 In the Employment Act 2008, omit the following—

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

(b) section 16;

(c) section 18.

Commencement Information

I282 Sch. 10 para. 81 not in force at Royal Assent, see s. 159(3)

Prospective

Equality Act 2010 U.K.

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

Commencement Information

I283 Sch. 10 para. 82 not in force at Royal Assent, see s. 159(3)

Prospective

Financial Services Act 2012 U.K.

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

Commencement Information

I284 Sch. 10 para. 83 not in force at Royal Assent, see s. 159(3)

Prospective

Modern Slavery Act 2015 U.K.

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

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

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

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

(5) In section 60 (extent)—

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

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

(6) In Schedule 3, omit the following—

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

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

(c) the heading “Regulators”.

(7) Omit Schedule 4A.

Commencement Information

I285 Sch. 10 para. 84 not in force at Royal Assent, see s. 159(3)

Prospective

Small Business, Enterprise and Employment Act 2015 U.K.

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

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

(b) section 152.

Commencement Information

I286 Sch. 10 para. 85 not in force at Royal Assent, see s. 159(3)

Prospective

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

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

Commencement Information

I287 Sch. 10 para. 86 not in force at Royal Assent, see s. 159(3)

Prospective

Immigration Act 2016 U.K.

87 In the Immigration Act 2016, omit the following—

(a) sections 2 to 9;

(b) section 10;

(c) section 11(2);

(d) section 12(2);

(e) section 13;

(f) sections 14 to 30;

(g) sections 32 and 33;

(h) Schedule 1;

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

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

Commencement Information

I288 Sch. 10 para. 87 not in force at Royal Assent, see s. 159(3)

Prospective

Investigatory Powers Act 2016 U.K.

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

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

(3) In Schedule 10, omit paragraph 35.

Commencement Information

I289 Sch. 10 para. 88 not in force at Royal Assent, see s. 159(3)

Prospective

Policing and Crime Act 2017 U.K.

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

Commencement Information

I290 Sch. 10 para. 89 not in force at Royal Assent, see s. 159(3)

Prospective

Data Protection Act 2018 U.K.

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

Commencement Information

I291 Sch. 10 para. 90 not in force at Royal Assent, see s. 159(3)

Prospective

Sentencing Act 2020 U.K.

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

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

Commencement Information

I292 Sch. 10 para. 91 not in force at Royal Assent, see s. 159(3)

Prospective

Police, Crime, Sentencing and Courts Act 2022 U.K.

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

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

Commencement Information

I293 Sch. 10 para. 92 not in force at Royal Assent, see s. 159(3)

Prospective

Procurement Act 2023 U.K.

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

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

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

Commencement Information

I294 Sch. 10 para. 93 not in force at Royal Assent, see s. 159(3)

Section 149(2) and (3)

Schedule 11 U.K. Transitional and saving provision relating to Part 5

Part 1 U.K. Abolition of existing enforcement authorities: transfer schemes

Staff transfer schemes U.K.

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

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

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

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

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

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

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

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

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

Commencement Information

I295 Sch. 11 para. 1 not in force at Royal Assent, see s. 159(3)

I296 Sch. 11 para. 1 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40)

Property transfer schemes U.K.

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

(2) A property transfer scheme may—

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

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

(c) apportion property, rights and liabilities;

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

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

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

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

Commencement Information

I297 Sch. 11 para. 2 not in force at Royal Assent, see s. 159(3)

I298 Sch. 11 para. 2 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40)

Continuity U.K.

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

Commencement Information

I299 Sch. 11 para. 3 not in force at Royal Assent, see s. 159(3)

I300 Sch. 11 para. 3 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40)

Supplementary provision, etc U.K.

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

Commencement Information

I301 Sch. 11 para. 4 not in force at Royal Assent, see s. 159(3)

I302 Sch. 11 para. 4 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40)

Interpretation U.K.

5 In this Part of this Schedule—

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

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

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

Commencement Information

I303 Sch. 11 para. 5 not in force at Royal Assent, see s. 159(3)

I304 Sch. 11 para. 5 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40)

Prospective

Part 2 U.K. Other transitional and saving provision

General U.K.

6 (1) Anything which—

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

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

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

(2) Anything (including legal proceedings) which—

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

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

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

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

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

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

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

(c) an officer acting for the purposes of the National Minimum Wage Act 1998;

(d) the Gangmasters and Labour Abuse Authority;

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

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

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

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

Commencement Information

I305 Sch. 11 para. 6 not in force at Royal Assent, see s. 159(3)

Powers to obtain documents etc U.K.

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

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

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

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

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

(3) In this paragraph—

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

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

Commencement Information

I306 Sch. 11 para. 7 not in force at Royal Assent, see s. 159(3)

Labour abuse prevention officers U.K.

8 (1) Anything which—

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

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

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

(2) Anything which—

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

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

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

(3) In this paragraph—

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

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

Commencement Information

I307 Sch. 11 para. 8 not in force at Royal Assent, see s. 159(3)

Warrants U.K.

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

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

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

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

Commencement Information

I308 Sch. 11 para. 9 not in force at Royal Assent, see s. 159(3)

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

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

(b) is not executed before that day.

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

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

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

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

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

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

Commencement Information

I309 Sch. 11 para. 10 not in force at Royal Assent, see s. 159(3)

LME undertakings and orders U.K.

11 (1) Anything which—

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

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

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

(2) Anything (including legal proceedings) which—

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

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

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

(3) Accordingly—

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

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

(4) In this paragraph—

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

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

Commencement Information

I310 Sch. 11 para. 11 not in force at Royal Assent, see s. 159(3)

Information U.K.

12 (1) This paragraph applies to information which—

(a) was obtained in the course of—

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

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

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

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

Commencement Information

I311 Sch. 11 para. 12 not in force at Royal Assent, see s. 159(3)

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

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

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

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

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

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

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

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

Commencement Information

I312 Sch. 11 para. 13 not in force at Royal Assent, see s. 159(3)

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

Commencement Information

I313 Sch. 11 para. 14 not in force at Royal Assent, see s. 159(3)

Orders under Modern Slavery Act 2015 U.K.

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

Commencement Information

I314 Sch. 11 para. 15 not in force at Royal Assent, see s. 159(3)

16 (1) Where—

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

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

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

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

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

Commencement Information

I315 Sch. 11 para. 16 not in force at Royal Assent, see s. 159(3)

17 (1) Where—

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

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

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

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

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

Commencement Information

I316 Sch. 11 para. 17 not in force at Royal Assent, see s. 159(3)

Notices of underpayment under the National Minimum Wage Act 1998 U.K.

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

Commencement Information

I317 Sch. 11 para. 18 not in force at Royal Assent, see s. 159(3)

Enforcement of agricultural wages legislation U.K.

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

(a) the Agricultural Wages Act 1948;

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

(c) the Agricultural Wages (Scotland) Act 1949;

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

Commencement Information

I318 Sch. 11 para. 19 not in force at Royal Assent, see s. 159(3)

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

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

Commencement Information

I319 Sch. 11 para. 20 not in force at Royal Assent, see s. 159(3)

Prospective

Section 152

Schedule 12 U.K. Increase in time limits for making claims

Safety Representatives and Safety Committees Regulations 1977 U.K.

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

(2) In regulation 12 of those Regulations—

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

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

(c) in paragraph (4), for “three” substitute “six”.

Commencement Information

I320 Sch. 12 para. 1 not in force at Royal Assent, see s. 159(3)

Trade Union and Labour Relations (Consolidation) Act 1992 U.K.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Commencement Information

I321 Sch. 12 para. 2 not in force at Royal Assent, see s. 159(3)

Pension Schemes Act 1993 U.K.

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

Commencement Information

I322 Sch. 12 para. 3 not in force at Royal Assent, see s. 159(3)

Employment Rights Act 1996 U.K.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) in subsection (2)—

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

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

(b) in subsection (5)—

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

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

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

(a) in subsection (2)—

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

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

(b) in subsection (5)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Commencement Information

I323 Sch. 12 para. 4 not in force at Royal Assent, see s. 159(3)

Health and Safety (Consultation with Employees) Regulations 1996 U.K.

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

(2) In paragraph 3A of that Schedule—

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

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

(c) in sub-paragraph (4), for “three” substitute “six”.

Commencement Information

I324 Sch. 12 para. 5 not in force at Royal Assent, see s. 159(3)

Working Time Regulations 1998 U.K.

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

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

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

Commencement Information

I325 Sch. 12 para. 6 not in force at Royal Assent, see s. 159(3)

National Minimum Wage Act 1998 U.K.

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

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

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

Commencement Information

I326 Sch. 12 para. 7 not in force at Royal Assent, see s. 159(3)

Employment Relations Act 1999 U.K.

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

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

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

Commencement Information

I327 Sch. 12 para. 8 not in force at Royal Assent, see s. 159(3)

Transnational Information and Consultation of Employees Regulations 1999 U.K.

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

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

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

(c) in paragraph (2)—

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

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

(d) omit paragraph (2B).

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

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

“27AA. Right to time off: complaints to industrial tribunals in Northern Ireland

(1) An employee may present a complaint to an industrial tribunal in Northern Ireland that the employee’s employer–

(a) has unreasonably refused to permit the employee to take time off as required by regulation 25; or

(b) has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26.

(2) A tribunal shall not consider a complaint under this regulation unless it is presented–

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Regulation 27B (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland) applies for the purposes of paragraph (2).

(4) Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(5) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which the employee would have been entitled under regulation 26 if the employer had not refused.

(6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to the employee.”

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

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

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

(c) in paragraph (4), for “27(2)(b)” substitute “27AA(2)(b)”.

Commencement Information

I328 Sch. 12 para. 9 not in force at Royal Assent, see s. 159(3)

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 E+W+S

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

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

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

Commencement Information

I329 Sch. 12 para. 10 not in force at Royal Assent, see s. 159(3)

Civil Aviation (Working Time) Regulations 2004 U.K.

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

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

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

Commencement Information

I330 Sch. 12 para. 11 not in force at Royal Assent, see s. 159(3)

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 E+W+S

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

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

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

Commencement Information

I331 Sch. 12 para. 12 not in force at Royal Assent, see s. 159(3)

Transfer of Undertakings (Protection of Employment) Regulations 2006 E+W+S

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

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

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

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

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

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

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

Commencement Information

I332 Sch. 12 para. 13 not in force at Royal Assent, see s. 159(3)

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

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

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

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

Commencement Information

I333 Sch. 12 para. 14 not in force at Royal Assent, see s. 159(3)

Cross-border Railway Services (Working Time) Regulations 2008 U.K.

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

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

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

Commencement Information

I334 Sch. 12 para. 15 not in force at Royal Assent, see s. 159(3)

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

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

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

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

Commencement Information

I335 Sch. 12 para. 16 not in force at Royal Assent, see s. 159(3)

Agency Workers Regulations 2010 U.K.

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

Commencement Information

I336 Sch. 12 para. 17 not in force at Royal Assent, see s. 159(3)

Equality Act 2010 U.K.

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

Commencement Information

I337 Sch. 12 para. 18 not in force at Royal Assent, see s. 159(3)

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

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

Commencement Information

I338 Sch. 12 para. 19 not in force at Royal Assent, see s. 159(3)