Employment Rights Bill - Fair Work Agency

More and more employers across the country have started asking, what does the employment rights bill mean? And how will this affect my business? 

Here at Croner, we’re dedicated to helping business owners like yourselves to understand these changes, and how you can implement them into your business’s everyday practices - and help you avoid a costly employment tribunal. 

Get in touch with one of Croner’s experts on 0808 501 6650

Is there a current policy in place for the Fair Work Agency? 

At the time of writing, any employment rights enforcement is carried out by the individual(s) who have submitted the claim at an employment tribunal. 

Although there are a few employment rights enforcements which are carried out by the state on behalf of workers around the country - Think national minimum wage or protections for agency workers. 

The Labour government has stated that the current system of state enforcements are ‘fragmented and ineffective’. As expected this creates more complex processes for workers and employees who require support, and help workers to enforce their rights within the workplace. 

What are the planned changes?

The Fair Work Agency, or FWA, will collate the existing state enforcements and tackle enforcing a wider range of employment rights. This will create a single places where both employees and employers can turn to for support. 

Not only this, the Fair Work Agency will have stronger powers to investigate issues and undertake action against employers and business owners who aren’t abiding by the law. 

How will this work? 

The Fair Work Agency, will form part of the executive agency of the Department for Business and Trade (DBT), but won’t have its own distinct legal identity. The Employment Rights Bill will give the Secretary of State a series of functions to enforce particular employment legislations. 

These functions will be enacted by the Fair Work Agency (including any enforcement officers who are appointed by the Secretary of State).

As the bill plans to combine the existing state enforcements with those relating to statutory sick pay and holiday pay. It also includes giving the Secretary of State the ability to make affirmative regulations to increase the state enforcement remit to include any other employment law related legislations. 

Under this change in the Employment Rights Bill, Labour plans to abolish two existing public bodies (The Gangmaster and Labour Abuse Authority, and the Director of Labour Market Enforcement). The work these two organisations currently do, will continue under the Fair Work Agency. 

The Fair Work Agency will see the introduction of an advisory board with a social partnership model. Meaning equal representation from businesses, trade unions and representatives, and independent experts. 

The Government is planning to add some additional enforcement powers, this will include the power to issue civil penalties to enforce employee compensation from employers (based on the National Minimum wage act 1998). 

How can Croner help?

If you’re wondering how the Fair Work Agency will affect your business, or how YOUR business will be affected by the Employment Rights Bill, then let Croner’s experts help you. 

Our advisors are on hand 24/7 to help support and advise you and get you through the changes. Get in contact here 0808 501 6650