The Fair Work Agency – Implications Employers

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The Employment Rights Bill creates a new state enforcement agency for employment rights.  This agency is likely to be called the FWA – The Fair Work Agency.

It will combine the individual agencies responsible for enforcing legislation that underpins, The Minimum Wage, Modern Slavery prevention, and the rights of Agency workers in to one body.  The FWA will also be able to impose financial penalties on employers who fail to pay employment tribunal awards.

The Employment Rights Bill will also give the FWA additional powers including many not seen in the UK before including:

  • The ability to bring Employment Tribunal claims on behalf of workers — including in situations where the workers don’t want to a pursue an individual claim.
  • The power to offer legal assistance for employment cases, with their costs being potentially recoverable from employers if the claim succeeds.
  • The authority to pursue employers for unpaid holiday pay and sick pay, and impose additional financial penalties on the employer.

These changes could fundamentally reshape employment litigation. Employers who previously relied on employee reluctance to pursue grievances through the tribunal process may now find the Fair Work Agency progressing the claim unilaterally.

It is important that all employers maintain an up to date understanding on the Employment Rights Bill, Employment Law and the related equalities legislation.  Concrew Training’s courses are designed to improve your understanding and help you avoid litigation, penalties and fines.