ARTICLE
26 May 2026

UK Employment Rights Act 2025: Enforcement And The Fair Work Agency

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
The UK Employment Rights Act 2025 introduces significant enforcement changes, including the creation of the Fair Work Agency with broad investigatory powers, extended tribunal claim windows, and enhanced record-keeping requirements. Employers face a new compliance landscape with stronger regulatory oversight and potential penalties for non-compliance.
United Kingdom Employment and HR
Felicity Gemson’s articles from A&O Shearman are most popular:
  • with readers working within the Insurance and Media & Information industries
A&O Shearman are most popular:
  • within Insolvency/Bankruptcy/Re-Structuring, Environment and Consumer Protection topic(s)

The 2025 Act steps up enforcement, with the new Fair Work Agency, stronger record-keeping duties and an extended window for tribunal claims.

Our latest reference table summarises the main enforcement changes employers need to know.

Central to the new regime is the Fair Work Agency (the FWA), a single enforcement body launched on 7 April 2026. Its remit is initially limited to a defined set of statutes, but it still brings day-to-day compliance obligations such as the national minimum wage firmly into focus. Holiday rules will move into scope in 2027, and statutory sick pay will also be brought into scope (with timing still to be confirmed). The FWA’s remit may expand further over time.

The FWA has wide investigatory and enforcement powers, giving the new regulator real teeth. How effectively it uses them, however, remains to be seen, and will depend in large part on the resources made available to it. The Government describes 2026/2027 as a transitional year of “enhanced business as usual”, during which the FWA is expected to maintain existing enforcement activity and help employers comply, including through guidance. Any enforcement action is intended to be proportionate, with prosecution reserved for the most serious cases. Nevertheless, employers should expect closer scrutiny and prepare accordingly, as explained in our latest reference table.

The Act also proposes to extend the time limit for tribunal claims from three months to six months, and introduces a new duty (already in force) to keep holiday pay records for six years.

Other resources

To access our previously published Employment Rights Act 2025 reference tables, follow the links below. We have updated them to reflect recent developments.

UK Employment Rights Act 2025: more secure work and basic employment rights

UK Employment Rights Act 2025: family-friendly rights and equality

UK Employment Rights Act 2025: industrial relations and trade union reform

For our dedicated resource hub, bringing together key insights, practical guidance and updates on UK industrial relations reforms, visit UK industrial relations reforms: what employers need to know.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More