How are employment rights enforced?
Historically, most individual employment rights in Great Britain have been enforced by individuals bringing claims to employment tribunals, while state enforcement has been limited to specific areas such as the National Minimum Wage, employment agencies, gangmasters licensing, modern slavery and health and safety. This resulted in a mixed enforcement model in which only a relatively small number of employment rights were subject to proactive regulatory oversight.
State enforcement
Before 2026, state enforcement responsibilities were divided across several organisations, principally HM Revenue and Customs (HMRC), the Employment Agency Standards Inspectorate (EAS), the Gangmasters and Labour Abuse Authority (GLAA), the Health and Safety Executive (HSE), and the Equality and Human Rights Commission (EHRC). Numerous reviews concluded that this fragmented structure created complexity for workers and employers, limited coordination between regulators and reduced the overall effectiveness of enforcement. Evidence also suggested that non-compliance with employment law was widespread while labour inspection capacity remained comparatively low by international standards.
Establishment of the Fair Work Agency
Based on the evidence regarding the level of non-compliance and the relative capacity of existing labour inspections, successive governments have examined options for improving enforcement.
The Taylor Review of Modern Working Practices (2017),...
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