UKPGA-2025-36 Employment Rights Act 2025 UK

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

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

Before section 27A insert— .

After section 27B insert—

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

Schedule 1 inserts Schedule A1 into the Employment Rights Act 1996.

The Employment Rights Act 1996 is amended as follows.

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

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

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

Schedule 2 contains consequential amendments relating to sections 1 to 5.

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

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

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

In subsection (4)—

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

In subsection (6)—

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

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

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

After subsection (1ZA) insert—

After subsection (1D) insert—

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

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

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

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

In section 152 (period of incapacity for work)—

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

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

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

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

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

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

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

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

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

In section 148 (period of incapacity for work)—

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

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

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

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

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

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

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

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

After subsection (2) insert—

After subsection (3) insert—

After subsection (6) insert—

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

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

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

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

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

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

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

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

In section 80EA (parental bereavement leave)—

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

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

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

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

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

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

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

In section 235(1) (other definitions)—

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

In the Income Tax Act 2007—

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

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

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

In this section— “the relevant period” means the period of 12 months beginning with the day on which this Act is passed; “special constable” means— a person appointed as a special constable for a police area in England and Wales, a person appointed as a special constable under section 25 of the Railways and Transport Safety Act 2003 (special constables of the British Transport Police Force), or a person appointed as a special constable under section 9 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (special constables of the Police Service of Scotland).

The Equality Act 2010 is amended as follows.

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

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

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

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

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

The Employment Rights Act 1996 is amended as follows.

After section 202 insert—

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

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

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

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

In section 108 (qualifying period of employment)—

Omit section 124 (limit of compensatory award etc).

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

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

Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.

Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections (3) to (5).

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

After subsection (1) insert—

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

After section 49D insert—

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

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

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

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

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

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

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

The Employment Rights Act 1996 is amended as follows.

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

Before section 105 insert—

In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”.

In section 108 (qualifying period of employment), in subsection (3), before paragraph (h) insert— .

In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure), after “99,” insert “104I, 104J(5)(f), 104K(7)(d),”.

Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

In section 188 (duty of employer to consult representatives)—

In section 193 (duty of employer to notify Secretary of State of certain redundancies)—

In section 193A (redundancies of ships’ crew)—

After section 195 insert—

In section 197 (power to vary provisions), in subsection (1)—

In section 198A (employees being transferred to the employer from another undertaking)—

Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

In section 189 (duty to consult representatives: complaint and protective award), in subsection (4), in the words after paragraph (b), for “90” substitute “180”.

In section 197 (power to vary provisions), in subsection (1)(b), for “periods” substitute “period”.

In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5).

For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.

In subsection (1)—

In subsection (2)—

After subsection (2) insert—

In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

The Procurement Act 2023 is amended as follows.

After Part 5 insert—

In section 2 (contracting authorities), after subsection (1) insert—

In section 122 (regulations)—

In section 123 (interpretation), in subsection (1), in the definition of “appropriate authority”, at the end insert— .

In section 124 (index of defined expressions), for the entry for “appropriate authority” substitute— .

In Schedule 9A (procurement by devolved Scottish authorities), at the appropriate place insert— .

The Equality Act 2010 is amended as follows.

In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

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

The Equality Act 2010 is amended as follows.

In section 78 (gender pay gap information), after subsection (3) insert—

In section 153 (power to impose specific duties on public authorities), after subsection (1) insert—

In section 154 (power to impose specific duties: cross-border public authorities), after subsection (3) insert—

The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.

In Part 2 (rights and obligations concerning working time), after regulation 16A insert—

In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)”.

In regulation 29C (restriction on institution of proceedings in England and Wales)—

The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).

The Office of Rail and Road and the Health and Safety Executive, acting jointly—

In this section— “heritage railway” means a railway which— is operated for the purposes of— preserving, recreating or simulating railways of the past, or demonstrating or operating historical or special types of motive power or rolling stock, and is exclusively or primarily used for recreational or educational purposes; “railway” includes a tramway; “the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.

For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.

For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.

For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.

Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.

In this Chapter— “the appropriate authority”— in relation to the Adult Social Care Negotiating Body for England, means the Secretary of State; in relation to the Social Care Negotiating Body for Wales, means the Welsh Ministers; in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers; “Negotiating Body” means a body established by regulations under this section.

Where the appropriate authority provides for there to be a Negotiating Body under section 39, the authority may by regulations make further provision about the Negotiating Body.

The provision that may be made by regulations under this section includes, among other things—

Regulations under this section—

Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.

Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.

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

For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—

In subsection (1)— “relevant social care worker”, in relation to a Negotiating Body, means a social care worker employed in, or in connection with, the provision of social care in the area for which the Negotiating Body is established; “specified” means specified in regulations made by the appropriate authority.

In this Chapter “social care worker” means—

For the purposes of subsection (1), “social care” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.

The provision that may be made by regulations under this section includes, among other things—

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

The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.

The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1).

The provision that may be made by regulations under subsection (2) includes, among other things—

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

The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.

The provision that may be made by regulations under this section includes, among other things—

This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44.

The appropriate authority may make regulations ratifying the agreement—

This section applies if the appropriate authority makes regulations under section 46 ratifying (to any extent) an agreement submitted by a Negotiating Body.

If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.

A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

Subsections (2) to (4)—

This section applies where— In paragraph (b) “specified” means specified in regulations made by the appropriate authority.

The appropriate authority may by regulations make provision about the matter.

Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.

If the regulations make provision within subsection (3), subsections (5) to (7) apply (but see subsection (8)).

If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.

A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

Subsections (5) to (7)—

The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—

Regulations under this section may, among other things—

The provision that may be made by virtue of subsection (2)(b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.

Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.

In this section— “the appropriate legislature” means— in the case of regulations of the Secretary of State, Parliament; in the case of regulations of the Welsh Ministers, Senedd Cymru; in the case of regulations of the Scottish Ministers, the Scottish Parliament; “specified” means specified in the regulations.

For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—

Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—

Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.

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

This section applies in any case where an individual (the “agency worker”)—

The provisions of this Chapter (other than this section) have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—

For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections 47(2) and 48(5)—

If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 47(2) or (3) or 48(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.

Any reference in this section to doing work includes a reference to performing services, and “work” is to be read accordingly.

Regulations under section 46 or 48 may make provision that has retrospective effect.

Regulations under section 46 or 48 may make provision by reference to—

If regulations under section 46 or 48 make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.

Regulations under this Chapter may confer a discretion on a person when dealing with any matter.

Regulations under section 46 are subject to the negative resolution procedure.

Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.

In this Chapter— “the appropriate authority” has the meaning given by section 39(5); “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing; “employer”, in relation to a worker, means the person by whom the worker is (or, where the employment has ceased, was) employed; “employment” means employment under a worker’s contract; and “employed” is to be read accordingly; “enactment” means— an Act of Parliament, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or an Act of the Scottish Parliament; “Negotiating Body” has the meaning given by section 39(5); “official”, in relation to a trade union, has the meaning given by section 119 of the Trade Union and Labour Relations (Consolidation) Act 1992; “social care worker” has the meaning given by section 42; “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992; “worker” (except in the phrases “agency worker”, “relevant social care worker” and “social care worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)— a contract of employment, or any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and any reference to a worker’s contract is to be read accordingly.

Any reference in this Chapter to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.

The Merchant Shipping Act 1995 is amended as follows.

After section 84 insert—

In section 306 (regulations etc), in subsection (2A)(a), after “section” insert “84A(2),”.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—

In section 284 (exceptions for share fishermen)—

In section 285 (exceptions for employment outside Great Britain)—

In section 286 (power to provide for other exceptions), before “sections 145A to 151” insert “section 136A (right to statement of trade union rights) and”.

In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.

In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

In Part 1 (trade unions), before Chapter 5A insert—

In section 263 (proceedings of the Central Arbitration Committee)—

After section 263 insert—

In section 263A (proceedings of the Central Arbitration Committee under Schedule A1)—

In section 264 (awards of the Central Arbitration Committee)—

In Schedule 1 to the Employment Relations Act 2004 (minor and consequential amendments), omit paragraph 15.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.

For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—

In section 86 (employer not to deduct contributions where member gives certificate), in subsection (1), for “, he is not a contributor to the fund,” substitute.

In section 94 (overseas members of trade union)—

In section 299 (index of defined expressions), in the entry for “contributor”, for “84(5)” substitute “84(1)”.

In consequence of the amendments made by subsections (2) to (6), in the Trade Union Act 2016—

In the Trade Union and Labour Relations (Consolidation) Act 1992—

In consequence of the amendments made by subsection (1), omit section 15 of the Trade Union Act 2016.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

In section 168 (time off for carrying out trade union duties)—

In section 168A (time off for union learning representatives)—

In section 172 (remedies), in subsection (2), omit “in failing to permit time off to be taken by the employee”.

In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after “time off” insert “and facilities”.

In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a), after “time off” insert “and facilities”.

In section 10 of the Employment Relations Act 1999 (right to be accompanied), in subsection (7), for “and (4)” substitute “, (4) and (5)”.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (10).

After section 168A insert—

In section 169 (payment for time off)—

In section 170 (time off for trade union activities)—

In section 171 (time off: time limit for proceedings), in subsection (1), after “168A,” insert “168B,”.

In section 172 (time off: remedies), in subsection (1), after “168A” insert “, 168B”.

In section 173 (interpretation and other supplementary provisions)—

In section 199 (issue of Codes of Practice by ACAS), in subsection (1), after “learning representatives” insert “or equality representatives”.

In section 200 (procedure for issue of Code by ACAS), in subsection (3)—

In section 203 (issue of Codes of Practice by Secretary of State), in subsection (1)(b), after “learning representatives” insert “or equality representatives”.

In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), after “168A,” insert “168B,”.

In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), after “168A,” insert “168B,”.

In the Trade Union and Labour Relations (Consolidation) Act 1992—

In consequence of the amendments made by subsection (1), omit sections 13 and 14 of the Trade Union Act 2016.

Section 3 of the Employment Relations Act 1999 (blacklists) is amended as follows.

In subsection (1)(b), omit “by employers or employment agencies”.

After subsection (2) insert—

In subsection (3)—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).

In section 226 (requirement of ballot before action by trade union), in subsection (2)(a)—

In section 231 (information for members as to result of ballot)—

Omit section 297A (meaning of “voting”).

In section 299 (index of defined expressions), omit the entry for “voting”.

In consequence of the amendments made by subsections (2) to (5)—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

In section 226 (requirement of ballot before action by trade union)—

In section 231 (information for members as to result of ballot)—

In consequence of the amendments made by subsection (2), omit section 3 of the Trade Union Act 2016.

In section 229 of the Trade Union and Labour Relations (Consolidation) Act 1992 (information to be included on voting paper), omit subsections (2B) to (2D).

In consequence of the amendment made by subsection (1), omit section 5 of the Trade Union Act 2016.

In the Trade Union Act 2016, omit section 4 (provision for electronic balloting for industrial action: review and piloting scheme).

Subsection (1) does not affect the power of the Secretary of State to make an order under section 54 of the Employment Relations Act 2004 (permissible means of balloting) in relation to ballots for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).

In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice to employers of industrial action)—

In consequence of the amendment made by subsection (1)(c), omit section 8 of the Trade Union Act 2016.

In the Trade Union and Labour Relations (Consolidation) Act 1992—

In consequence of the amendments made by subsection (1), omit section 10 of the Trade Union Act 2016.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

In Part 5 (industrial action), after section 236 insert—

In section 296 (meaning of “worker”), in subsection (3), for “and 151(1B)” substitute “, 151(1B) and 236A(8)”.

In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), for “or 192” substitute “, 192 or 236A”.

In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), for “and 170” substitute “, 170 and 236A”.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (4).

In section 229 (industrial action ballots: voting paper), in subsection (4), omit the words from “if it takes place fewer than” to the end.

In section 238A (protection for employees taking part in official industrial action)—

Omit section 238B (conciliation and mediation: supplementary provisions).

In consequence of the amendments made by subsections (2) to (4), in the Employment Relations Act 2004—

In the Trade Union and Labour Relations (Consolidation) Act 1992, omit sections 234B to 234G (minimum service levels for certain services).

Accordingly, in that Act—

The Strikes (Minimum Service Levels) Act 2023 is repealed.

In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 32ZA (details of industrial action etc to be included in annual return).

In consequence of the amendment made by subsection (1), omit section 7 of the Trade Union Act 2016.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

Omit section 32ZB (details of political expenditure to be included in annual return).

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In section 131 (administrative provisions applying to employers’ associations), in subsection (1), omit “, section 32ZB”.

In section 135 (federated employers’ associations), in subsection (3), omit “, section 32ZB”.

In consequence of the amendments made by subsections (2) to (6), omit section 12 of the Trade Union Act 2016.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).

Omit section 32ZC (enforcement of sections 32ZA and 32ZB).

In section 45 (rights of union members: offences), in subsection (1), for the words from “section 32” to “sections 32A” substitute “sections 32”.

In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “, 32ZC”.

In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “, 32ZC”.

In consequence of the amendments made by subsections (2) to (5)—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).

In section 25 (duties with respect to register of members’ names and addresses: remedies), omit subsection (6A).

In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “or paragraph 5 of Schedule A3”.

In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “or under paragraph 5 of Schedule A3”.

Omit section 256C (investigatory powers).

Omit Schedule A3 (Certification Officer: investigatory powers).

In consequence of the amendments made by subsections (2) to (6)—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (9).

In section 45C (duty to secure union positions not held by certain offenders: remedies and enforcement)—

In section 54 (elections for union positions: remedies), in subsection (1), omit the words after paragraph (b).

In section 55 (elections for union positions: powers of Certification Officer)—

In section 72A (application of funds in breach of section 71: remedies)—

In section 79 (remedy for failure to comply with political ballot rules), in subsection (1), omit the words from “; but the Certification Officer” to the end.

In section 80 (remedy for failure to comply with political ballot rules: powers of Certification Officer)—

In section 82 (rules as to political fund)—

In section 103 (passing of amalgamation or transfer resolution: powers of Certification Officer)—

In consequence of the amendments made by subsections (2) to (9), in the Trade Union Act 2016—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

Omit section 256D (power to impose financial penalties).

Omit Schedule A4 (Certification Officer: power to impose financial penalties).

In consequence of the amendments made by subsections (2) and (3), in the Trade Union Act 2016—

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).

Omit section 257A (levy payable to Certification Officer).

In section 258 (Certification Officer: annual reports and account), omit subsection (1A).

In consequence of the amendments made by subsections (2) and (3), omit section 20 of the Trade Union Act 2016.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), after “question” insert “of law”.

In section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55), after “question” insert “of law”.

In section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1), after “question” insert “of law”.

In section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103), after “question” insert “of law”.

In section 108C (appeal from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1), after “question” insert “of law”.

The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule 7 (but see also section 92).

For the purposes of enabling the Secretary of State to perform that function, this Part confers powers on—

In this Part “enforcement officer” means a person appointed by the Secretary of State under this section.

The powers of an enforcement officer include power to exercise any of the Secretary of State’s enforcement functions, other than the function under subsection (1).

Accordingly, in the case of the exercise by an enforcement officer of an enforcement function of the Secretary of State, any reference in an enactment to the Secretary of State in connection with that function is to be read as, or as including, a reference to that officer or any other enforcement officer.

A person appointed under this section may exercise any powers of an enforcement officer to the extent specified in the appointment.

Subsection (1) does not limit the Secretary of State’s powers under—

Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence.

Any reference in this Part to an enforcement function of the Secretary of State is a reference to—

But the following functions are not enforcement functions of the Secretary of State for the purposes of this Part—

The Secretary of State may make arrangements with a public authority—

The following functions are “delegable functions”—

Accordingly, in the case of the exercise of a function by a public authority in accordance with arrangements under this section, any reference in an enactment to the Secretary of State in connection with that function is to be read as a reference to that authority.

Arrangements under this section may provide for payments to be made by the Secretary of State in respect of the performance of any function to which the arrangements relate.

Arrangements under this section do not prevent the Secretary of State from performing a function to which the arrangements relate.

In this section “public authority” means a person certain of whose functions are functions of a public nature.

The Secretary of State must establish an Advisory Board (“the Board”) for the purposes of providing advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s function under section 90(1).

The Board is to consist of not fewer than nine members appointed by the Secretary of State.

Each member of the Board is to hold and vacate office in accordance with the terms and conditions of the member’s appointment.

The members of the Board must include an equal number of each of the following—

For the purposes of subsection (4)(c) an “independent expert” is a person who—

The Secretary of State may pay such remuneration or allowances to members of the Board as the Secretary of State may determine.

In addition to the matters referred to in subsection (1), the Board may also provide advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s functions under or by virtue of sections 116 and 117 (powers in relation to civil proceedings).

The Secretary of State must, before the beginning of each relevant three-year period (see subsection (6)), prepare and publish a labour market enforcement strategy for that period.

A labour market enforcement strategy is a document that—

The Secretary of State—

In preparing or revising a labour market enforcement strategy, the Secretary of State must consult the Advisory Board.

The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of any strategy published under this section.

In this section— “relevant three-year period” means— the period of three years beginning with the next 1 April after the day on which this section comes into force; each successive period of three years; “strategy period”, in relation to a labour market enforcement strategy, means the period to which the strategy relates.

As soon as reasonably practicable after the end of each financial year, the Secretary of State must prepare and publish an annual report for that year.

The annual report must include the following—

Before publishing an annual report under this section, the Secretary of State must consult the Advisory Board.

The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of every annual report published under this section.

In this section— “the applicable strategy”, in relation to a financial year, means any labour market enforcement strategy published under section 94 that has effect for that year; “financial year” means— the period beginning with the day on which this section comes into force and ending with the following 31 March, and each successive period of 12 months.

The Secretary of State may by notice require a person— In this subsection “specified” means specified in the notice.

The Secretary of State may give a notice under this section to a person only if the Secretary of State has reasonable grounds to believe that—

In this section “enforcement purpose” means—

An enforcement officer may, for any enforcement purpose— This is subject to section 98 (which provides that a warrant is necessary to enter a dwelling).

The powers referred to in subsection (1)(b) are—

The officer may only exercise a power conferred by this section at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

An enforcement officer may seize any document produced, inspected or examined under this section.

In this section— “enforcement purpose” means— the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function; the purpose of determining whether there has been any non-compliance with relevant labour market legislation; the purpose of ascertaining whether there are documents on the premises which may be required as evidence in proceedings for any non-compliance with relevant labour market legislation; “equipment” includes software.

An enforcement officer may not by virtue of section 97 enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.

A justice may issue a warrant under this section only if, on an application by the officer, the justice is satisfied—

The conditions are—

In this section— “enforcement purpose” has the same meaning as in section 97; “justice” means— in relation to England and Wales, a justice of the peace; in relation to Scotland, a sheriff or summary sheriff; in relation to Northern Ireland, a lay magistrate.

For further provision about warrants under this section, see section 131 and Schedule 8.

A power conferred by section 96 or 97 to require the production or provision of any document includes, in the case of a document stored in an electronic form, power to require the document to be produced or provided in a form—

The Secretary of State may inspect or examine any document provided under section 96.

The Secretary of State or an enforcement officer may take copies of any document—

This section applies to any document which—

The document may be retained so long as is necessary in all the circumstances and in particular—

No document may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.

In this section—

If a justice is satisfied that there are reasonable grounds for an enforcement officer to enter relevant premises for the purpose of determining whether there has been a relevant contravention, and is also satisfied— the justice may issue a warrant authorising the enforcement officer to enter the premises, if necessary using reasonable force.

The reference in subsection (2) to being satisfied that there are reasonable grounds as mentioned in that subsection is, in relation to England and Wales, a reference to being satisfied by written information on oath.

An enforcement officer entering any premises by virtue of a warrant under this section may—

Where by virtue of subsection (4)(d) an enforcement officer seizes any item, the officer must leave on the premises from which the item was removed a statement giving details of what was seized and stating that the officer has seized it.

Any item seized by an enforcement officer by virtue of subsection (4)(d) may be retained for as long as the officer considers necessary for the purpose of determining whether there has been a relevant contravention.

In this section— “justice” means— in relation to England and Wales, a justice of the peace; in relation to Scotland, the sheriff, a summary sheriff or a justice of the peace; “relevant premises” means any premises which an enforcement officer has reasonable grounds to believe are— premises where a person acting as a gangmaster, or a person supplied with workers or services by a person acting as a gangmaster, carries on business, or premises which such a person uses in connection with the person’s business; “worker” has the same meaning as in the Gangmasters (Licensing) Act 2004 (see section 26 of that Act).

Section 4 of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster) applies for the purposes of this section as it applies for the purposes of that Act.

For further provision about warrants under this section, see section 131 and Schedule 8.

Where it appears to the Secretary of State that— the Secretary of State may give a notice of underpayment to the liable party.

A notice of underpayment is a notice under this section requiring the liable party to pay the required sum to the underpaid individual before the end of the period of 28 days beginning with the day on which the notice is given. For the meaning of the “required sum”, see section 104.

Subsection (1) is subject to—

The Secretary of State may give a notice of underpayment to a person in respect of a sum that was due from the person on the relevant day whether or not the sum remains due at the time of the giving of the notice (see, in particular, section 107 (penalties for underpayment)).

But where all or part of that sum has been paid before the giving of the notice, the requirement imposed by the notice is, to that extent, to be treated as met.

The Secretary of State may not give a notice of underpayment in respect of any matter if—

In this Part “statutory pay provision” means a provision of relevant labour market legislation that—

For the purposes of section 103(2), the “required sum” is whichever is the greater of the following sums— This is subject to subsection (4).

Regulations made by the Secretary of State may make provision for determining the sum required to be paid to an individual by a notice of underpayment in a case where the sum due to the individual on any day under or by virtue of a statutory pay provision would have been greater had that sum been determined by reference to the statutory pay provision as it has effect at the time of giving the notice of underpayment.

But regulations under subsection (2) may not make provision in relation to any provision of the National Minimum Wage Act 1998 (see instead section 17 of that Act).

If the required sum in respect of an underpaid individual would (in the absence of this subsection) be greater than the specified maximum for the statutory pay provision concerned, the required sum in respect of the underpaid individual is the specified maximum.

For the purposes of subsection (4) “the specified maximum”, in relation to a statutory pay provision, means an amount specified by, or determined in accordance with, regulations made by the Secretary of State.

Regulations under this section are subject to the affirmative resolution procedure.

A notice of underpayment may not relate to any sum that became due under or by virtue of a statutory pay provision before the beginning of the claim period.

The “claim period”, in relation to a notice of underpayment, is the period of six years ending with the day on which the notice is given.

The Secretary of State may by regulations amend this section so as to alter the length of the claim period.

Regulations under subsection (3)—

Regulations under subsection (3) are subject to the affirmative resolution procedure.

A notice of underpayment may relate to sums that became due before the coming into force of this section.

But a notice of underpayment may not relate to any sum that became due before the day on which this Act is passed.

Subsection (7) does not apply to a notice of underpayment so far as it relates to any sum due under section 17 of the National Minimum Wage Act 1998 (entitlement to additional remuneration for failure to pay at least the minimum wage).

See also section 112(3) (claim period for replacement notices of underpayment).

Where a notice of underpayment relates to more than one underpaid individual, the notice may identify the individuals by name or by description.

A notice of underpayment must specify, for each underpaid individual to whom it relates—

A notice of underpayment must require the liable party to pay a penalty to the Secretary of State. This is subject to section 108(1) (power to specify exceptions).

The penalty must be paid before the end of the period of 28 days beginning with the day on which the notice is given.

The amount of the penalty is the total of the amounts for each underpaid individual to whom the notice relates calculated in accordance with subsections (4) and (5) (but see subsection (6)).

The amount for each underpaid individual to whom the notice relates is 200% of the sum specified in the notice of underpayment as the sum due to the individual on the relevant day (see section 106(2)(b)).

But if the amount determined under subsection (4) for any underpaid individual would be more than £20,000, the amount for the individual taken into account in calculating the penalty is to be £20,000.

If a penalty calculated in accordance with subsection (3) would be less than £100, the amount of the penalty is to be £100.

The Secretary of State may by regulations amend this section—

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

The Secretary of State may by directions specify circumstances in which a notice of underpayment is not to impose a requirement to pay a penalty.

A direction under subsection (1) may be amended or revoked by a further direction.

A notice of underpayment that imposes a requirement to pay a penalty must—

In a case where a notice of underpayment imposes a requirement on a person to pay a penalty, if the person, before the end of the period of 14 days beginning with the day on which the notice is given— the person is to be regarded as having paid the penalty.

Any penalty received by the Secretary of State in accordance with section 107 is to be paid into the Consolidated Fund.

Subsection (3) applies where—

In this section “relevant criminal proceedings” means proceedings against the person for a labour market offence in respect of any act or omission to which the notice relates (“the relevant conduct”).

The notice of underpayment may contain provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the person under subsection (4).

The Secretary of State may give the person a notice terminating the suspension (a “penalty activation notice”) if it appears to the Secretary of State—

Where a penalty activation notice is given, the requirement to pay the penalty has effect as if the notice of underpayment had been given on the day on which the penalty activation notice was given.

The Secretary of State must give the person a notice withdrawing the requirement to pay the penalty if it appears to the Secretary of State that the person has been convicted of a labour market offence in respect of the relevant conduct.

A person to whom a notice of underpayment is given may appeal to a tribunal against any one or more of the following—

An appeal under this section must be made before the end of the period of 28 days beginning with the day on which the notice is given.

An appeal under subsection (1)(a) may be made only on one or more of the following grounds—

An appeal under subsection (1)(b) in relation to an individual may be made only on one or more of the following grounds—

An appeal under subsection (1)(c) may be made only on one or more of the following grounds—

Where the tribunal allows an appeal under subsection (1)(a), it must cancel the notice.

Where, in a case where subsection (6) does not apply, the tribunal allows an appeal under subsection (1)(b) or (c)—

In this section— “the specified day”, in relation to an individual, means the day specified in accordance with section 106(2)(a) in relation to the individual; “the specified provision”, in relation to an individual, means the statutory pay provision specified in accordance with section 106(2)(d) in relation to the individual; “tribunal” means— an employment tribunal, in relation to England and Wales or Scotland; an industrial tribunal, in relation to Northern Ireland.

Where— the Secretary of State may withdraw it by giving a notice of withdrawal to the person.

Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section 112—

In subsection (2)(a) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.

Where subsection (2) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).

If the Secretary of State— the Secretary of State may at the same time give a fresh notice of underpayment to the person (a “replacement notice”).

The replacement notice may not relate to any individual to whom the original notice did not relate.

The claim period for a replacement notice (see section 105(1)) is the period— Accordingly, the replacement notice may relate to sums that became due after the day on which the original notice was given.

The replacement notice must—

Failure to comply with subsection (4) does not make the replacement notice ineffective.

Where a replacement notice is withdrawn under section 111, no further replacement notice may be given under subsection (1) as a result of the withdrawal.

Nothing in this section affects any power that exists apart from this section to give a notice of underpayment in relation to any underpaid individual.

This section applies where a notice of underpayment is withdrawn under section 111 and a replacement notice is given in accordance with section 112.

If an appeal has been made under section 110 in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—

If a sum was paid by or recovered from the person by way of penalty under the original notice—

In subsection (3)(b) “the appropriate rate” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.

In a case where it appears to the Secretary of State that the liable party has failed to comply with a requirement in a notice of underpayment to pay a sum to an underpaid individual, the Secretary of State may apply to the court for an order under this section.

An application under this section may be made only if—

If, on an application under this section, the court is satisfied that— the court must order the liable party to pay the sum to the underpaid individual within the period specified in the order.

This section does not affect any right of an underpaid individual to recover any sums owed by the liable party to the individual.

For the purposes of this section, the liable party’s appeal rights are exhausted if—

In this section— “the court” means— the county court, in relation to England and Wales; the sheriff or a summary sheriff, in relation to Scotland; a county court, in relation to Northern Ireland; “the relevant 28-day period” means the period of 28 days beginning with the day on which the notice (or, where section 110(7)(b) applies, the rectified notice) is given.

In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.

In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.

Where action is taken under this section for the recovery of a penalty, the penalty—

In this section “penalty” means a penalty payable under a notice of underpayment.

In a case where— the Secretary of State may, in place of the worker, bring proceedings about the matter in an employment tribunal under the enactment.

Subsection (1) does not apply to—

Where by virtue of this section the Secretary of State brings proceedings in place of a worker—

But, despite subsection (3), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).

Any appeal arising out of proceedings brought by the Secretary of State in place of a worker by virtue of this section may be brought by the worker as well as by the Secretary of State.

The Secretary of State is not liable to any worker for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the Secretary of State’s functions by virtue of this section.

For the purposes of this section—

The Secretary of State may assist a person who is or may become party to civil proceedings in England and Wales or Scotland relating to employment or trade union law or the law of labour relations.

In giving assistance under this section the Secretary of State may provide or arrange for the provision of—

But the Secretary of State may not provide, or arrange for the provision of, facilities for the settlement of a dispute.

Where proceedings relate or may relate partly to employment or trade union law or the law of labour relations (“employment-related matters”) and partly to other matters—

This section does not affect any restriction imposed in respect of representation—

A legislative provision which requires insurance or an indemnity in respect of advice given in connection with a settlement agreement does not apply to advice provided by the Secretary of State under this section.

Subsection (2) applies where—

The Secretary of State’s expenditure in giving the assistance—

A requirement to pay money to the Secretary of State under subsection (2) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).

Subsection (2), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).

For the purposes of subsection (2), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.

Regulations under subsection (5) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—

Regulations under subsection (5) are subject to the negative resolution procedure.

This section applies where the Secretary of State believes that a person has committed, or is committing, a labour market offence (see section 151).

The Secretary of State may give a notice to the person—

A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which, see section 120).

An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—

A measure falls within this subsection if it is for the purpose of—

A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

Regulations under subsection (3) are subject to the affirmative resolution procedure.

The Secretary of State may not— unless the Secretary of State believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (6).

That purpose is preventing or reducing the risk of the subject—

An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.

In this section “the relevant enactment” means the enactment under which the Secretary of State believes the labour market offence concerned has been or is being committed.

An LME undertaking has effect from—

An LME undertaking has effect for the period specified in the LME undertaking.

The maximum period for which an LME undertaking may have effect is two years.

The Secretary of State may release the subject from an LME undertaking.

The Secretary of State must release the subject from an LME undertaking if at any time during the period for which it has effect the Secretary of State believes that no measure in it is necessary for the purpose mentioned in section 120(6).

If the Secretary of State releases the subject from an LME undertaking, the Secretary of State must take whatever steps the Secretary of State considers appropriate to bring that fact to the attention of—

A notice may be given under section 119 to a person by—

A notice to a body corporate may be given to any officer of that body.

A notice to a partnership may be given to any partner.

A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.

For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

A notice may be sent to a person by electronic means only if—

A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

In this section— “electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means; “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body; “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

The appropriate court may, on an application by the Secretary of State under section 124, make a labour market enforcement order in relation to a person if the court—

A labour market enforcement order (an “LME order”) is an order which— (See also section 126.)

An application for an LME order under this section is—

In this section “the appropriate court”—

The Secretary of State may apply for an LME order to be made under section 123 in relation to a person (the “proposed respondent”) if—

The Secretary of State may also apply for an LME order if the proposed respondent—

In subsection (1) “the negotiation period” means—

This section applies where a court deals with a person in respect of a conviction for a labour market offence.

The court may make an LME order in relation to the person if the court considers it is just and reasonable to do so.

An LME order must not be made under this section except—

An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).

A measure falls within this subsection if it is for the purpose of—

A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

Regulations under subsection (3) are subject to the affirmative resolution procedure.

Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.

In this section “the relevant enactment” means the enactment under which the labour market offence concerned has been or is being committed.

An LME order has effect for the period specified in the LME order.

The maximum period for which an LME order may have effect is two years.

An LME order may not be made against an individual who is under the age of 18.

If a court makes an LME order, the court may also—

On an application under this section, the appropriate court may by order vary or discharge an LME order.

An application for the variation or discharge of an LME order may be made by—

An application for an order under this section is—

In this section “the appropriate court”—

A respondent may appeal against—

An appeal under subsection (1) is to be made—

On an appeal under subsection (1), the court hearing the appeal—

An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section 128.

A respondent may appeal against the making of an LME order under section 125 as if the order were a sentence passed on the respondent for the labour market offence.

This section applies where a person is proposing to exercise—

The person must, if required to do so, produce identification showing that the person is authorised to exercise that function.

A warrant under section 98 or 102 may be executed by any enforcement officer.

A warrant under section 98 or 102 may authorise persons to accompany any enforcement officer who is executing it.

A person authorised under subsection (2) to accompany an enforcement officer may exercise any power conferred by this Part which the officer may exercise as a result of the warrant.

But the person may exercise such a power only in the company of, and under the supervision of, an enforcement officer.

Schedule 8 contains further provision about—

The entry of premises under a warrant issued under section 98 or 102 is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).

Nothing in this Part requires a person to produce any document, or provide any information, which the person would be entitled to refuse to produce or provide—

In subsection (1) “communications” means—

This section applies where a person provides information in response to a requirement under section 96.

In any criminal proceedings against the person—

Subsection (2) does not apply if, in the proceedings—

Subsection (2) does not apply if the proceedings are for—

A power conferred by section 96 or 97 may not be exercised in relation to a person serving in an intelligence service unless the Secretary of State certifies that the condition in subsection (3) is met in relation to the power.

A power of entry conferred by this Part may not be exercised in relation to any premises (or any part of premises) used for the purposes of an intelligence service unless the Secretary of State certifies that the condition in subsection (3) is met in relation to the power.

The condition in this subsection is met in relation to a power if the Secretary of State is satisfied that the exercise of the power will not be contrary to the public interest or prejudicial to—

A certificate issued under this section in relation to a power may impose conditions on the exercise of the power.

Except as provided for by subsection (1), nothing in this Part requires any person to—

For the purposes of this section—

In this section— “civil proceedings function” means a function under or by virtue of section 116 or 117 (powers in relation to civil proceedings); “enforcement function” means— an enforcement function of the Secretary of State, or a power of an enforcement officer (other than a power by virtue of section 116); “enforcing authority” means the Secretary of State or an enforcement officer.

A person may disclose information to an enforcing authority if the disclosure is made for the purposes of the exercise of an enforcement function or a civil proceedings function.

Information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function—

The Secretary of State may disclose to a person any information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for a purpose connected with an enforcement function or civil proceedings function or a function of the Secretary of State under this Part.

The Secretary of State may disclose to a person specified in Schedule 9 information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.

The Secretary of State may by regulations amend Schedule 9.

Regulations under subsection (6) are subject to the affirmative resolution procedure.

Sections 136 to 138 contain further provision about disclosure of information under this section.

A disclosure of information which is authorised by section 135 does not breach—

But nothing in section 135 authorises either of the following—

In subsection (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Section 135 does not limit the circumstances in which information may be disclosed apart from that section.

HMRC information may not be disclosed by an enforcing authority without authorisation from the Commissioners for His Majesty’s Revenue and Customs (“the Commissioners”).

If an enforcing authority has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from the Commissioners.

Subsections (1) and (2) do not apply to national minimum wage information.

If a person contravenes subsection (1) or (2) by disclosing revenue and customs information relating to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

In this section— “enforcing authority” has the same meaning as in section 135; “HMRC information” means information disclosed to an enforcing authority under section 135 by the Commissioners or a person acting on behalf of the Commissioners; “national minimum wage information” means information obtained by an enforcing authority for the purposes of enforcing any provision of the National Minimum Wage Act 1998; “revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005.

Section 135(2) does not authorise a person to disclose information to an enforcing authority where— But this does not affect the disclosures which a person serving in an intelligence service may make in accordance with intelligence service disclosure arrangements (see subsection (4)).

Intelligence service information may not be disclosed by an enforcing authority without authorisation from the appropriate service chief.

If an enforcing authority has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.

In this section— “appropriate service chief” means— the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Chief of the Secret Intelligence Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Director of GCHQ, in the case of information obtained from, or relating to, GCHQ or a person acting on its behalf; “enforcing authority” has the same meaning as in section 135; “intelligence service disclosure arrangements” means— arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service; arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service; arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ; “intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.

A person in relation to whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.

A person guilty of an offence under this section is liable—

A person commits an offence if—

A person guilty of an offence under this section is liable—

In subsection (2)(a) “the maximum term for summary offences” means—

A person in relation to whom a certificate is issued by the Secretary of State for the purposes of this section is not liable for the commission of an offence under section 140 (offence of providing false information or documents).

The Secretary of State may issue a certificate in relation to a person for the purposes of this section only if satisfied that it is necessary for the person to engage in conduct amounting to such an offence—

A certificate under this section may be revoked by the Secretary of State at any time.

For the purposes of subsection (2)(b)—

A person commits an offence if the person—

In subsection (1) “enforcement function” means—

A person guilty of an offence under this section is liable—

In subsection (3)(a) “the maximum term for summary offences” means—

Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

The Secretary of State may by regulations make provision requiring a relevant person, or a relevant person of a specified description, to pay a charge as a means of recovering any enforcement costs incurred in relation to the person.

For the purposes of this section— “enforcement costs”, in relation to a relevant person, means any costs incurred in connection with the exercise of an enforcement function of the Secretary of State in relation to the person; “relevant person” means a person who has failed to comply with any relevant labour market legislation; “specified” means specified in the regulations.

Regulations under this section may—

The regulations may in particular—

The provision that may be made by regulations under this section includes, among other things—

Regulations under this section are subject to the negative resolution procedure.

If an offence under this Part committed by a body corporate is proved— the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

In subsection (1) “officer”, in relation to a body corporate, means—

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

If an offence under this Part committed by a partner (“P”) of a partnership which is not regarded as a legal person is shown— that other partner, as well as P, is guilty of the offence and liable to be proceeded against and punished accordingly.

Proceedings for an offence under this Part alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.

For the purposes of such proceedings—

A fine imposed on a partnership on its conviction of an offence under this Part is to be paid out of the funds of the partnership.

If an offence under this Part committed by a partnership is proved— the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

In subsections (1) and (5) “partner” includes a person purporting to act as a partner.

For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.

In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of this Part.

A case falls within this subsection if it relates to a labour market offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.

Proceedings for an offence under this Part alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.

For the purposes of such proceedings—

A fine imposed on the association on its conviction of an offence under this Part is to be paid out of the funds of the association.

If an offence under this Part committed by an unincorporated association is proved— the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

In subsection (6) “officer”, in relation to any association, means—

Subject to the provisions of section 134 and this section, this Part is binding on the Crown and applies in relation to any Crown premises as it applies in relation to any other premises.

In this section “Crown premises” means premises held, or used, by or on behalf of the Crown.

No contravention by the Crown of any provision made by this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

Despite subsection (3), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

If the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.

No power of entry conferred by this Part may be exercised in relation to—

In subsection (6)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

The following are abolished—

Accordingly—

Schedule 10 contains consequential amendments relating to this Part.

Part 1 of Schedule 11 contains provision for the making of schemes for the transfer of staff, property, rights and liabilities from the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement to the Secretary of State.

Part 2 of that Schedule contains other transitional and saving provision for the purposes of this Part.

For the purposes of this Part, each of the following constitutes “non-compliance with relevant labour market legislation”—

For the purposes of this Part, any requirement to pay a relevant sum within the meaning of Part 2A of the Employment Tribunals Act 1996 is to be treated as a requirement imposed by or under that Part; and a reference to enforcing that Part is to be read accordingly.

In this Part—“the Advisory Board” means the Advisory Board established under section 93;“ancillary offence”, in relation to an offence under any provision of relevant labour market legislation, means—an offence of attempting or conspiring to commit such an offence; an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence; an offence of inciting a person to commit such an offence; an offence of aiding, abetting, counselling or procuring the commission of such an offence;“business” includes—a trade or profession, and any activity carried on by a body of persons (whether corporate or unincorporated);“employee” means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));“employer” has the meaning given by subsection (2);“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 122 of that Act);“enactment” means an enactment whenever passed or made, and includes—an enactment contained in subordinate legislation, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment contained in, or in an instrument made under, Northern Ireland legislation;“enforcement function”, in relation to the Secretary of State, has the meaning given by section 91;“enforcement officer” has the meaning given by section 90(3);“GCHQ” has the same meaning as in the Intelligence Services Act 1994;“intelligence service” means—the Security Service; the Secret Intelligence Service; GCHQ;“labour market offence” means—an offence under any provision of relevant labour market legislation, or an ancillary offence relating to such an offence;“the liable party”, in relation to a notice of underpayment, has the meaning given by section 103(1);“LME order” has the meaning given by section 123(2);“LME undertaking” has the meaning given by section 119(3);“non-compliance with relevant labour market legislation” has the meaning given by section 150; and any reference to a failure to comply with relevant labour market legislation is to be read accordingly;“notice of underpayment” has the meaning given by section 103(2);“premises” has the meaning given by subsection (3);“the relevant day”, in relation to a notice of underpayment, has the meaning given by section 103(1);“relevant labour market legislation” means the labour market legislation listed in Part 1 of Schedule 7;“respondent”, in relation to an LME order, has the meaning given by section 123(2);“statutory pay provision” has the meaning given by section 103(7);“subject”, in relation to an LME undertaking, has the meaning given by section 119(3);“subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978;“trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 1 of that Act);“underpaid individual”, in relation to a notice of underpayment, has the meaning given by section 103(1);“worker” (except in section 102) has the meaning given by subsection (5).

In this Part “employer” means any of the following—

In this Part “premises” includes any place and, in particular, includes—

In subsection (3)—“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;“renewable energy installation” has the meaning given by section 104 of the Energy Act 2004.

In this Part “worker” means any of the following—

The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

The power to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before, or in the same session of Parliament as, this Act.

In this section “primary legislation” means—

Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.

Any other regulations under this section are subject to the negative resolution procedure.

The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Regulations under this section may (among other things)—

Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

For provision about the making of regulations under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (which provides for such regulations to be made by Scottish statutory instrument).

Regulations under this Act may—

Subsection (3) does not apply to regulations under section 159 (see instead subsection (4) of that section).

Where regulations under this Act are subject to the “negative resolution procedure”—

Where regulations under this Act are subject to the “affirmative resolution procedure”—

Any provision that may be included by a person in an instrument under this Act subject to the negative resolution procedure may be made by the person by regulations subject to the affirmative resolution procedure.

Except as set out below—

Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern Ireland only.

Section 32 (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.

Except as set out in subsection (5), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.

In Schedule 12 (increase in time limits for making claims)—

The following provisions of this Act come into force on the day on which this Act is passed—