The risk to employers of being taken to a tribunal has greatly increased, so there are steps you should take to ensure your business is ready

Q: What is the Fair Work Agency and how should I prepare my business, as I understand its powers take effect on April 7?

A: The Fair Work Agency is a new independent body that is being established to enforce employment rights and consolidate several existing government enforcement agencies. It aims to create a strong, recognisable single brand so workers know where to go for help.

The key functions and powers of the agency will include enforcing several employment rights, including the national minimum wage — taking this on from HM Revenue & Customs — statutory sick pay, holiday pay, modern slavery offences, rules on employment agencies and businesses, gangmasters licensing, and financial penalties for failure to pay sums ordered by either an employment tribunal or in agreements facilitated by the dispute resolution body Acas.

The agency will have the authority to bring tribunal claims on behalf of workers who are unwilling or unable to claim themselves, thereby increasing the risk for employers. The agency will also provide legal assistance, advice and representation in employment-related civil proceedings.

It can issue notices to employers for underpayments and require compliance with employment law, inspect business premises, examine documents, seize evidence if required, and recover statutory payments quicker than through...

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