Trade News 2 min read

Establishment of Fair Work Agency under Employment Rights Act 2025 in UK

The UK’s Employment Rights Act 2025 introduces a significant shift in labour market enforcement through the creation of the Fair Work Agency, which became operational in April 2026. This new body consolidates enforcement functions previously distributed across multiple regulators, including oversight of the National Minimum Wage, employment agency standards, and labour exploitation frameworks.

The establishment of the FWA represents a move toward a centralised and more proactive enforcement model, providing a single point of accountability for employment rights compliance. The agency’s remit has been expanded beyond traditional enforcement areas to include oversight of statutory sick pay and, notably, state-led enforcement of holiday pay, marking a departure from the prior reliance on individual worker claims.

A key development for employers is the significant expansion of enforcement powers. The FWA is authorised to conduct workplace inspections, require production of documents, and issue compliance notices and financial penalties for breaches. It also has the authority to initiate Employment Tribunal claims on behalf of workers, increasing litigation risk even where employees do not actively pursue claims themselves.

From a compliance perspective, this reform materially increases regulatory exposure. Businesses should expect greater scrutiny, more coordinated enforcement, and a higher likelihood of investigations and claims, particularly in high-risk sectors. Employers are advised to review wage practices, recordkeeping, and employment policies to ensure alignment with statutory requirements.

Overall, the FWA signals a transition to a more assertive and integrated enforcement environment, requiring enhanced diligence and proactive compliance management across UK operations.

Kindly refer to the following link on the UK’s Employment Rights Act 2025:

https://assets.publishing.service.gov.uk/media/696fabb3c0f4afaa9536a0f2/employment-rights-act-2025-overview-factsheet.pdf