The New Fair Work Agency

Are You Prepared for Enhanced Enforcement?

The Employment Rights Act 2025 is set to introduce a powerful new entity: the Fair Work Agency. This agency consolidates various government enforcement bodies, promising a more unified and rigorous approach to upholding employment standards. Expected to be established in 2026, its reach and capabilities will significantly impact businesses across the UK.

Is Your Business Ready for the Biggest Shift in Employment Law?

What's New? The Rise of the Fair Work Agency

Expanded Powers and Enforcement

  • Streamlined Enforcement: The Agency will bring together existing bodies like HMRC and the Gangmasters and Labour Abuse Authority, creating a single, more efficient enforcement mechanism.

  • Quicker Underpayment Recovery: It will possess enhanced powers to enforce statutory payments and recover underpayments, bypassing the often lengthy tribunal system for quicker resolution.

  • Employee Representation: Crucially, the Fair Work Agency will be empowered to bring tribunal claims on behalf of individuals who are unable or unwilling to do so themselves. This dramatically lowers the barrier for employees seeking redress.

  • Cost Recovery from Businesses: If a claim brought by the Agency is successful, it will have the power to recover all incurred costs directly from the business. This means non-compliance could lead to substantial financial burdens beyond just the compensation to the employee.

This centralisation of enforcement and expansion of powers marks a pivotal shift, requiring businesses to be more vigilant than ever regarding compliance with employment law.

Fair work agency what's new

How to Prepare: Safeguarding Your Business

The introduction of the Fair Work Agency demands a proactive approach to employment compliance. Businesses must adapt their practices to mitigate the risks associated with these new, strengthened enforcement powers.

  • Conduct a Compliance Audit: Thoroughly review all aspects of your employment practices, from contracts and payment records to working hours and leave policies, to ensure full adherence to statutory requirements.

  • Ensure Accurate Statutory Payments: Verify that all statutory payments (e.g., SSP, National Minimum Wage, holiday pay) are correctly calculated and paid on time to avoid potential underpayment claims.

  • Review Dispute Resolution Procedures: Strengthen your internal grievance and dispute resolution processes to address employee concerns effectively before they escalate to the Fair Work Agency.

  • Educate Management and HR: Ensure your management team and HR personnel are fully aware of the Fair Work Agency's powers and the implications for non-compliance.

  • Maintain Meticulous Records: Keep comprehensive and accurate records of all employee-related documentation, including contracts, pay slips, attendance, and performance reviews.

Proactive preparation is key to protecting your business from potential investigations, claims, and financial penalties from the new Fair Work Agency.

Fair work agency how to prepare

Navigate the New Regulatory Landscape with Confidence

The arrival of the Fair Work Agency signals a new era of employment law enforcement. Don't leave your business exposed to increased scrutiny and potential penalties. CIPD HR-inform Pro provides the up-to-date guidance, robust compliance tools, and expert advice you need to ensure your practices are beyond reproach.

Employment Rights Act 2025 Download a summary

After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.

Palace of Westminster Houses of Parliament

Prepare for the Employment Rights Act 2025

The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.