UK Act of Parliament 2025 United Kingdom

Employment Rights Act 2025

At a glance

Enforced by

HMRC, GLAA, Fair Work Agency, HMCTS

What's here

22 compliance obligations, 22 practical guides across 4 topics · 13 journeys · 6 statutory instruments

Penalty landscape

3 of 22 obligations carry an unlimited fine. 4 carry different penalties and 15 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 5
  • Employer 4
  • Director or Officer 2
  • Client 1

Plus 10 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 749 other Acts (top 5 shown)
Employers also bound by 171 other Acts (top 5 shown)
Directors and Officers also bound by 224 other Acts (top 5 shown)
Clients also bound by 30 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Employment rights

Browse 26 other sections in this Part — procedural / definitional / commencement

Part 2 — Other matters relating to employment

Browse 7 other sections in this Part — procedural / definitional / commencement

Part 3 — Pay and conditions in particular sectors

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Reconsideration by Negotiating Body

Other duties (1) — Crown / regulator
  • Government may refer social care agreements back for reconsideration Crown / Minister / Government department
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Guidance and codes of practice

Other duties (1) — Crown / regulator
  • Government may issue guidance and codes of practice for employment agreements Crown / Minister / Government department
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Duty of employers to keep records

Other duties (1) — Crown / regulator
  • Government may set specific record-keeping rules for employers Crown / Minister / Government department
Browse 15 other sections in this Part — procedural / definitional / commencement

Part 4 — Trade unions and industrial action, etc

Browse 32 other sections in this Part — procedural / definitional / commencement

Part 5 — Enforcement of labour market legislation

Browse 10 other sections in this Part — procedural / definitional / commencement

Schedules

Browse 323 other Schedules — structural / supplementary
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Insolvency Act 1986

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After section 47G insert— Zero hours workers and similar (1) A worker has the right not to be subjected...

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After section 47H (inserted by paragraph 10) insert— Agency workers...

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(1) Section 48 (enforcement) is amended as follows.

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(1) Section 49 (remedies) is amended as follows.

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After section 104B insert— Guaranteed hours (1) An employee who is dismissed is to be regarded...

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After section 104BA (inserted by paragraph 14) insert— Guaranteed hours:...

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In section 105 (redundancy)— (a) after subsection (7B) insert—

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

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In section 184 (debts to which Part 12 of the...

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In section 192 (armed forces), in subsection (2)(e), after “103”...

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Employment Tribunals Act 1996

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(1) Section 194 (House of Lords staff) is amended as...

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(1) Section 195 (House of Commons staff) is amended as...

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(1) Section 199 (mariners) is amended as follows.

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In section 200 (police officers), in subsection (1)—

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(1) Section 202 (national security restrictions on disclosure of information)...

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(1) Section 205 (remedy for infringement of certain rights) is...

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(1) Section 206 (institution or continuance of tribunal proceedings) is...

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In section 225 (calculation date for purposes of working out...

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In section 227 (maximum amount of week’s pay), in subsection...

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In section 235 (definitions for purposes of the Act)—

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(1) Section 12A (financial penalties) is amended as follows.

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In section 236 (orders and regulations), in subsection (3) (regulations...

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Bankruptcy (Scotland) Act 2016

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(1) Section 16 (power to provide for recoupment of benefits)...

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In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—

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Employment Rights Act 1996

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In section 27 (meaning of “wages” for purposes of Part...

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In section 27A (exclusivity terms unenforceable in zero hours contracts),...

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In section 27B (power to make further provision in relation...

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Employment Rights Act 1996

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Employment Relations Act 1999

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Enterprise and Regulatory Reform Act 2013

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Coronavirus Act 2020

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Power to make further consequential amendments

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The School Support Staff Negotiating Body

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

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Consequential amendments

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In Schedule 2 to the Education Act 2002 (effect on...

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Pre-commencement consultation

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Amendment of Seafarers’ Wages Act 2023

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Part 3 of the Act: seafarers’ working conditions

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Part 4 of the Act: enforcement of Parts 2 and 3

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In section 5 (offence of operating service inconsistently with declaration)—...

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(1) Section 6 (imposition of surcharges: failure to provide declaration...

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In section 7 (imposition of surcharges: in-year declaration that is...

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(1) Section 8 (imposition of surcharges: operating inconsistently with declaration)...

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In section 11 (refusal of harbour access for failure to...

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(1) Section 12 (provision of information by operators) is amended...

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In section 13 (provision of information by harbour authorities), in...

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In section 14 (inspections), in subsection (2)—

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Part 1 of the Act: relevant services

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Part 5 of the Act: general and final provisions

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After section 16 insert— Regulations about declarations (1) Regulations may make provision— (a) as to the period...

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In section 17 (regulations)— (a) in the heading, at the...

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(1) Section 19 (general interpretation) is amended as follows.

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Amendment of title of the Act

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In section 1 (services to which this Act applies)—

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Chapter 1 of Part 2 of the Act: non-qualifying seafarers

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In section 2 (non-qualifying seafarers), in paragraph (a), for “service...

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Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations

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In section 3 (request for declaration)— (a) in the heading,...

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In section 4 (nature of declaration)— (a) in the heading,...

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Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations

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Schedule A1 to the Trade Union and Labour Relations (Consolidation)...

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Unfair practices

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Powers of CAC on proceeding with application

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(1) Paragraph 23 (CAC to order ballot where majority of...

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Ballots

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In paragraph 25 (rules relating to ballot), after sub-paragraph (1)...

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(1) Paragraph 26 (duties of employer in relation to ballot)...

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After paragraph 27 insert— (1) This paragraph applies if— (a) the union has (or...

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Omit paragraphs 27A to 27F (unfair practices during ballot).

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(1) Paragraph 28 (costs of ballot) is amended as follows....

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(1) Paragraph 29 (result of ballot) is amended as follows....

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Part 6 of this Schedule contains consequential amendments to the...

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General provisions about admissibility of applications

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In paragraph 36 (admissibility of applications: minimum support), for sub-paragraph...

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(1) Paragraph 38 (admissibility of applications: overlapping bargaining unit) is...

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In paragraph 39 (admissibility of applications: same bargaining unit), in...

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In paragraph 40 (admissibility of applications: union not entitled to...

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After paragraph 40 insert— (1) This paragraph applies if the CAC issues a declaration...

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In paragraph 41 (admissibility of applications: union required to cease...

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General provisions about validity of applications

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For paragraph 45 (validity of applications: minimum support) substitute— (1) The application in question is invalid unless the CAC...

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(1) Paragraph 46 (validity of applications: overlapping bargaining unit) is...

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Meaning of “the application day”

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In paragraph 47 (validity of applications: same bargaining unit), in...

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In paragraph 48 (validity of applications: union not entitled to...

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After paragraph 48 insert— (1) This paragraph applies if the CAC issues a declaration...

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In paragraph 49 (validity of applications: union required to cease...

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Competing applications

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Voluntary recognition

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Changes relevant to appropriateness of bargaining unit

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(1) Paragraph 70 (determination of bargaining unit by CAC) is...

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In paragraph 75 (questions for CAC to decide where employer...

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In paragraph 77 (CAC’s decision as to appropriateness of bargaining...

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Acceptance of applications

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Access agreements

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Unfair practices

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Powers of CAC where CAC decides new unit appropriate

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In paragraph 87 (powers of CAC where majority of workers...

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In paragraph 88 (powers of CAC where majority of workers...

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(1) Paragraph 89 (ballots) is amended as follows.

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Withdrawal of application

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Access agreements

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Unfair practices

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Ballots

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(1) Paragraph 14 (acceptance of applications: multiple applications) is amended...

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(1) Paragraph 118 (duties of employer in relation to ballot)...

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In paragraph 119 (breach of paragraph 118), after sub-paragraph (4)...

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After paragraph 119 insert— (1) This paragraph applies if— (a) the union has (or...

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Omit paragraphs 119A to 119I (unfair practices during ballot).

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(1) Paragraph 120 (costs of ballot) is amended as follows....

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In paragraph 121 (result of ballot), for sub-paragraphs (1) and...

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Derecognition where recognition automatic

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In paragraph 123 (derecognition where recognition automatic on specified terms),...

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In paragraph 124 (derecognition where recognition automatic following changes to...

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After paragraph 132 insert— Access agreements Paragraphs 116A to 116E apply if the CAC accepts an...

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Withdrawal of application

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After paragraph 132A (inserted by paragraph 59 of this Schedule)...

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(1) Paragraph 133 (ballot on derecognition) is amended as follows....

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Derecognition where union not independent

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After paragraph 146A (inserted by paragraph 62 of this Schedule)...

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(1) Paragraph 147 (ballot on derecognition) is amended as follows....

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After paragraph 171A insert— “The required percentage” (1) In this Schedule, “the required percentage” means 10%.

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(1) The Employment Relations Act 2004 is amended as follows....

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Notice to cease consideration of application

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Communication with workers through independent person after application

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Access agreements

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Employment Agencies Act 1973

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Social Security Administration (Northern Ireland) Act 1992

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Section 12(3) of that Act (duty of employers to provide...

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Regulations under section 122 of that Act (duties of employers),...

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Employment Tribunals Act 1996

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National Minimum Wage Act 1998

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Regulations under section 9 of that Act (duty of employers...

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Section 10 of that Act (worker’s right of access to...

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Regulations under section 12 of that Act (employer to provide...

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Section 17 of that Act (non-compliance: worker entitled to additional...

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Section 23 of that Act (right not to suffer detriment)....

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Regulations under section 5 of that Act (conduct of employment...

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Section 31 of that Act (offences).

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Working Time Regulations 1998

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Gangmasters (Licensing) Act 2004

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Rules under section 8 of that Act (power to make...

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Section 9 of that Act (modification, revocation or transfer of...

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Sections 12 and 13 of that Act (offences).

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The references in paragraphs 22 and 25 to the Gangmasters...

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Fraud Act 2006

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Modern Slavery Act 2015

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Sections 2 and 4 of that Act (human trafficking), so...

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Social Security Contributions and Benefits Act 1992

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(1) Part 2 of that Act (prevention orders), so far...

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Employment Rights Act 2025

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Section 48(5) (entitlement of social care workers to be paid...

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Sections 119 to 129 and 139 (LME undertakings and orders)....

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Sections 140 and 142 (offences relating to Part 5).

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(1) The Secretary of State may by regulations amend Part...

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Regulations under section 153(5)(b) of that Act (requirement to provide...

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Social Security Administration Act 1992

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Section 14(3) of that Act (duty of employers to provide...

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Regulations under section 130 of that Act (duties of employers),...

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Social Security Contributions and Benefits (Northern Ireland) Act 1992

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Regulations under section 149(5)(b) of that Act (requirement to provide...

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This Schedule applies in relation to— (a) applications for warrants...

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Return and retention of warrants

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Applications for warrants

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Safeguards in connection with power of entry conferred by warrant

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(1) A warrant must specify— (a) the name of the...

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(1) Two copies are to be made of a warrant....

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Warrant to be executed within three months

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Time of entry

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Evidence of authority etc

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Securing premises after entry

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Authorities with functions in connection with the labour market or the workplace etc

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Law enforcement and border security

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Local government

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Health and social care bodies

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Other persons

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Employment Agencies Act 1973

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In section 37I (withdrawal of warning notice), in subsection (1)—...

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In section 37J (withdrawal of penalty notice), in subsection (1)—...

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In section 37K (replacement penalty notice), in subsection (1)—

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Omit section 37M (enforcement officers).

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In section 37O (modification in particular cases), in subsection (4)(a),...

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In section 37P (giving of notices), in subsection (1)(a), for...

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In section 37Q(1) (interpretation), omit the definition of “enforcement officer”....

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National Minimum Wage Act 1998

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Omit section 13 (appointment of officers) and the italic heading...

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Omit section 14 (powers of officers).

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Omit section 8A (appointment of officers).

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Omit section 15 (information obtained by officers).

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Omit section 16 (information obtained by agricultural wages officers).

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In section 16A (disclosure of information by officers), in subsection...

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Omit sections 19 to 19H (notices of underpayment).

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In section 31 (offences), omit subsection (5).

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Gangmasters (Licensing) Act 2004

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Omit the italic heading before section 1.

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Omit section 2 (directions etc to the Gangmasters and Labour...

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In section 3 (work to which Act applies), for subsection...

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(1) Section 7 (grant of licence) is amended as follows....

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Omit section 9 (inspection).

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(1) Section 8 (general power to make rules) is amended...

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(1) Section 9 (modification, revocation or transfer of licence) is...

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In section 10 (appeals), in subsection (1), for “Authority” substitute...

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(1) Section 11 (register of licences) is amended as follows....

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In section 12 (offences: acting as a gangmaster, etc), in...

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(1) Section 14 (offences: supplementary provisions) is amended as follows....

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(1) Section 15 (enforcement and compliance officers) is amended as...

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(1) Section 16 (powers of officers) is amended as follows....

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(1) Section 17 (entry by warrant) is amended as follows....

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(1) Section 18 (obstruction of officers) is amended as follows....

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(1) Section 11A (offences: extension of time limit) is amended...

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(1) Section 19 (information relating to gangmasters) is amended as...

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Omit section 22A (relationship with other agencies: requests for assistance)....

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Omit section 24 (financial provision).

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(1) Section 25 (regulations, rules and orders) is amended as...

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Omit Schedule 1 (consequential amendments of enactments).

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(1) Schedule 2 (application of Act to Northern Ireland) is...

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Modern Slavery Act 2015

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Omit section 11A (enforcement of Part 1 by Gangmasters and...

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(1) Section 15 (slavery and trafficking prevention orders on application)...

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In section 19 (requirement to provide name and address), in...

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Part 2A of Employment Tribunals Act 1996

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(1) Section 20 (variation, renewal and discharge) is amended as...

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(1) Section 23 (slavery and trafficking risk orders) is amended...

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In section 26 (requirement to provide name and address), in...

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(1) Section 27 (variation, renewal and discharge) is amended as...

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Omit section 30A (enforcement of Part 2 by Gangmasters and...

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In section 33 (guidance), in subsection (1), for “, the...

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In section 34 (interpretation of Part 2), in subsection (1),...

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Public Records Act 1958

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Parliamentary Commissioner Act 1967

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Superannuation Act 1972

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In section 37D (unpaid amount of relevant sum: further provision),...

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House of Commons Disqualification Act 1975

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Northern Ireland Assembly Disqualification Act 1975

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Employment Protection Act 1975

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Police and Criminal Evidence Act 1984

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Companies Act 1985

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Trade Union and Labour Relations (Consolidation) Act 1992

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Criminal Justice and Public Order Act 1994

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Deregulation and Contracting Out Act 1994

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Employment Tribunals Act 1996

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Employment Relations Act 1999

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(1) Section 37E (warning notice) is amended as follows.

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Immigration and Asylum Act 1999

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Finance Act 2000

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Regulation of Investigatory Powers Act 2000

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Freedom of Information Act 2000

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Police Reform Act 2002

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Employment Relations Act 2004

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Civil Partnership Act 2004

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Pensions Act 2004

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Serious Organised Crime and Police Act 2005

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Natural Environment and Rural Communities Act 2006

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(1) Section 37F (penalty notice) is amended as follows.

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Regulatory Enforcement and Sanctions Act 2008

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Employment Act 2008

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Equality Act 2010

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Financial Services Act 2012

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Modern Slavery Act 2015

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Small Business, Enterprise and Employment Act 2015

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Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

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Immigration Act 2016

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Investigatory Powers Act 2016

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Policing and Crime Act 2017

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In section 37G (appeal against penalty notice), in subsection (3)(b),...

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Data Protection Act 2018

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Sentencing Act 2020

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Police, Crime, Sentencing and Courts Act 2022

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Procurement Act 2023

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Staff transfer schemes

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(1) This paragraph applies to a warrant under section 17...

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LME undertakings and orders

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Information

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(1) Any reference in section 135 to information obtained by...

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The repeal of section 9 of the Employment Agencies Act...

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Orders under Modern Slavery Act 2015

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(1) Where— (a) a slavery and trafficking prevention order requires...

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(1) Where— (a) a slavery and trafficking risk order requires...

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Notices of underpayment under the National Minimum Wage Act 1998

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Enforcement of agricultural wages legislation

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Property transfer schemes

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Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

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Continuity

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Supplementary provision, etc

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Interpretation

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General

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Powers to obtain documents etc

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Labour abuse prevention officers

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Warrants

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Safety Representatives and Safety Committees Regulations 1977

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Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

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Civil Aviation (Working Time) Regulations 2004

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Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

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Transfer of Undertakings (Protection of Employment) Regulations 2006

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Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

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Cross-border Railway Services (Working Time) Regulations 2008

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European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

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Agency Workers Regulations 2010

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Equality Act 2010

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Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

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Trade Union and Labour Relations (Consolidation) Act 1992

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Pension Schemes Act 1993

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Employment Rights Act 1996

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Health and Safety (Consultation with Employees) Regulations 1996

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Working Time Regulations 1998

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National Minimum Wage Act 1998

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Employment Relations Act 1999

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Transnational Information and Consultation of Employees Regulations 1999

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

HMRC

Primary

HM Revenue & Customs

Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …

Gangmasters and Labour Abuse Authority

Prevents worker exploitation. Licences labour providers supplying workers to agriculture, horticulture, shellfish gathering, and food processing/ packaging. Investigates labour abuse across all …

Unified labour market enforcement body for Great Britain. Takes over National Minimum Wage enforcement from HMRC, enforces statutory sick pay and holiday …

HM Courts & Tribunals Service

Executive agency responsible for the administration of criminal, civil, and family courts and tribunals in England and Wales. Publishes court forms, fees, …

6 statutory instruments

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