Employment Rights Act 2025

Schedule 7 Legislation subject to enforcement under Part 5

Section 90(1) Part 1 Relevant labour market legislation Employment Agencies Act 1973 1 The Employment Agencies Act 1973 (employment agencies and employment businesses). 2 Regulations under section 5 of that Act (conduct of employment agencies and businesses). Employment Tribunals Act 1996 13 Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums). National Minimum Wage Act 1998 14 Section 1 of the National Minimum Wage Act 1998 (entitlement to the national minimum wage). 15 Regulations under section 9 of that Act (duty of employers to keep records). 16 Section 10 of that Act (worker’s right of access to records). 17 Regulations under section 12 of that Act (employer to provide worker with national minimum wage statement). 18 Section 17 of that Act (non-compliance: worker entitled to additional remuneration). 19 Section 23 of that Act (right not to suffer detriment). 20 Section 31 of that Act (offences). Gangmasters (Licensing) Act 2004 22 Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities). 23 Rules under section 8 of that Act (power to make rules in connection with licensing of persons acting as gangmasters). 24 Section 9 of that Act (modification, revocation or transfer of licence). 25 Sections 12 and 13 of that Act (offences). 26 The references in paragraphs 22 and 25 to the Gangmasters (Licensing) Act 2004 are to that Act only so far as it applies in relation to England and Wales and Scotland. Fraud Act 2006 27 Section 1 of the Fraud Act 2006, so far as relating to an offence which— (a) is committed under the law of England and Wales by virtue of section 4 of that Act (fraud by abuse of position), and (b) is committed in relation to a worker. Modern Slavery Act 2015 28 Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and forced or compulsory labour). 29 Sections 2 and 4 of that Act (human trafficking), so far as relating to an offence— (a) which is committed in relation to a worker, or (b) which is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies. 30 (1) Part 2 of that Act (prevention orders), so far as relating to— (a) the making of orders under that Part on the application of the Secretary of State, (b) offences committed in relation to orders made under that Part on such an application, or (c) offences committed in relation to orders within sub-paragraph (2). (2) An order is within this sub-paragraph if— (a) the order was made under section 14 of that Act following— (i) the conviction of the defendant of a relevant offence, or (ii) a finding of a kind mentioned in section 14(1)(b) or (c) of that Act in connection with a relevant offence, and (b) the prosecution resulted from an investigation conducted by or on behalf of the Secretary of State. (3) In sub-paragraph (2) “relevant offence” means— (a) an offence under section 1 of the Modern Slavery Act 2015; (b) an offence under section 2 or 4 of that Act falling within paragraph 29; (c) an ancillary offence relating to an offence within paragraph (a) or (b). 33 Sections 119 to 129 and 139 (LME undertakings and orders). 34 Sections 140 and 142 (offences relating to Part 5). Part 2 Power to amend Part 1 35 (1) The Secretary of State may by regulations amend Part 1 of this Schedule in order to— (a) add an enactment to the list of legislation in that Part, or (b) vary a reference to an enactment in that list. (2) Regulations under this paragraph may add an enactment only if it relates to— (a) rights or entitlements conferred on employees or workers; (b) the treatment of employees or workers; (c) requirements, restrictions or prohibitions imposed on employers; (d) trade unions, employers’ associations, industrial action or labour relations. (3) Regulations under this paragraph may not add an enactment that deals with a transferred matter, or vary a reference to such an enactment, without the consent of the appropriate Northern Ireland department. (4) For the purposes of sub-paragraph (3)— “the appropriate Northern Ireland department”, in relation to an enactment that deals with a transferred matter, means the Northern Ireland department which has responsibility for that matter; “deals with” is to be read in accordance with section 98(2) and (3) of the Northern Ireland Act 1998; “transferred matter” has the meaning given by section 4(1) of that Act. (5) Regulations under this paragraph may amend any of the following provisions in consequence of an amendment of Part 1 of this Schedule— (a) section 91 (enforcement functions of Secretary of State); (b) section 92 (delegation of functions); (c) section 103 (power to give notice of underpayment); (d) section 150 (meaning of “non-compliance with relevant labour market legislation”). (6) Regulations under this paragraph that add an enactment which— (a) confers a right or entitlement to the payment of any sum to an individual, or (b) prohibits or restricts the withholding of payment of any sum to an individual, may provide that a notice of underpayment relating to sums due under or by virtue of the enactment may relate to sums becoming due before the coming into force of the regulations. (7) Regulations under this paragraph are subject to the affirmative resolution procedure.