Legislation – Employment Rights Act 2025

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Schedules

Schedule 11Transitional and saving provision relating to Part 5

Section 149(2) and (3)

Part 1Abolition of existing enforcement authorities: transfer schemes

Staff transfer schemes

1 (1)

The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a)

for a designated employee of the GLAA to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

(b)

so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee’s employment with the GLAA to have effect as if they were the conditions of service as a member of the Secretary of State’s staff;

(c)

for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the GLAA under or in connection with the employee’s contract of employment;

(d)

for anything done (or having effect as if done) before that transfer by or in relation to the GLAA in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

(2)

A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State’s staff to count as a period during which the employee was a member of the Secretary of State’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3)

A staff transfer scheme may provide for the employee not to become a member of the Secretary of State’s staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4)

A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5)

A staff transfer scheme may provide for an employee of the GLAA to become a member of the Secretary of State’s staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

2 (1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the GLAA or the Director to the Secretary of State of designated property, rights or liabilities.

(2)

A property transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)

provide for anything done by or in relation to the GLAA or the Director in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Secretary of State;

(c)

apportion property, rights and liabilities;

(d)

make provision about the continuation of legal proceedings.

(3)

The things that may be transferred by a property transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred;

(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

3

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the GLAA or the Director before the transfer takes effect.

Supplementary provision, etc

4

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional or consequential provision.

Interpretation

5

In this Part of this Schedule—

“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

“the Director” means the Director of Labour Market Enforcement;

“the GLAA” means the Gangmasters and Labour Abuse Authority.

Part 2Other transitional and saving provision

General

6 (1)

Anything which—

(a)

was done by or in relation to a relevant person for the purpose of, or in connection with, any function of the person under a provision amended or repealed by Part 1 of Schedule 10, and

(b)

is in effect immediately before the day on which the amendment or repeal comes into force,

has effect, on and after that day, as if done by or in relation to the Secretary of State.

(2)

Anything (including legal proceedings) which—

(a)

relates to a function of a relevant person under a provision amended or repealed by Part 1 of Schedule 10, and

(b)

immediately before the day on which the amendment or repeal comes into force, is in the process of being done by or in relation to that person,

may be continued, on and after that day, by or in relation to the Secretary of State.

(3)

Where anything mentioned in sub-paragraph (1) or (2) was done, or is in the process of being done, under a provision repealed by Schedule 10, that thing has effect as if done under, or may be continued under, the corresponding provision of this Act.

(4)

In this paragraph “relevant person” means—

(a)

an officer acting for the purposes of the Employment Agencies Act 1973;

(b)

an officer acting for the purposes of Part 2A of the Employment Tribunals Act 1996;

(c)

an officer acting for the purposes of the National Minimum Wage Act 1998;

(d)

the Gangmasters and Labour Abuse Authority;

(e)

an enforcement officer acting for the purposes of the Gangmasters (Licensing) Act 2004, other than an enforcement officer appointed by virtue of paragraph 15 of Schedule 2 to that Act (enforcement officers in Northern Ireland);

(f)

a compliance officer acting for the purposes of that Act;

(g)

an officer of the Gangmasters and Labour Abuse Authority acting for the purposes of any other enactment.

(5)

Sub-paragraphs (1) to (3) are subject to the remaining provisions of this Schedule (and see also section 155, which confers power to make transitional or saving provision).

Powers to obtain documents etc

7 (1)

Any requirement to provide documents or information which—

(a)

was made under a repealed provision before the commencement day, and

(b)

immediately before the commencement day, has not been complied with,

is to be treated, on and after that day, as having been made under the corresponding provision of this Act.

(2)

Any document which, immediately before the commencement day, was retained in the exercise of a power conferred by a repealed provision is to be treated, on and after that day, as retained under section 100.

(3)

In this paragraph—

“the commencement day”, in relation to a repealed provision, means the day on which the repeal of that provision comes into force;

“repealed provision” means a provision repealed by Part 1 of Schedule 10.

Labour abuse prevention officers

8 (1)

Anything which—

(a)

was done by or in relation to a labour abuse prevention officer in, or in connection with, the exercise of a function conferred on the officer by virtue of section 114B of the Police and Criminal Evidence Act 1984 (“PACE”), and

(b)

is in effect immediately before the day on which paragraph 63 of Schedule 10 comes into force (“the relevant day”),

has effect, on and after that day, as if done by or in relation to a relevant enforcement officer.

(2)

Anything which—

(a)

relates to a function conferred on a labour abuse prevention officer by virtue of section 114B of PACE, and

(b)

immediately before the relevant day, is in the process of being done by or in relation to such an officer,

may be continued, on and after that day, by or in relation to a relevant enforcement officer.

(3)

In this paragraph—

“labour abuse prevention officer” has the meaning given by section 114B of PACE (as that section had effect immediately before the relevant day);

“relevant enforcement officer”, in relation to a function conferred by virtue of section 114B of PACE, means an enforcement officer on whom that function is conferred by virtue of that section (as it has effect on and after the relevant day).

Warrants

9 (1)

This paragraph applies to an application for a warrant under section 17 of the Gangmasters (Licensing) Act 2004 (“the 2004 Act”) which—

(a)

is made in England and Wales or Scotland before the day on which paragraph 38 of Schedule 10 comes into force, and

(b)

is not determined or withdrawn before that day.

(2)

The application is to be treated, on and after that day, as an application made by an enforcement officer for a warrant under section 102 of this Act.

10 (1)

This paragraph applies to a warrant under section 17 of the 2004 Act which—

(a)

is issued under that section before the day on which paragraph 38 of Schedule 10 comes into force, and

(b)

is not executed before that day.

(2)

The warrant is to be treated for the purposes of section 102 of this Act as if it had been issued under that section.

(3)

That section applies in relation to the warrant as if—

(a)

in subsection (4)(a), after “bring” there were inserted “any persons or”, and

(b)

after subsection (4) there were inserted—

“(4A)

On leaving any premises which an enforcement officer is authorised to enter by a warrant under this section, the officer must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the officer found them.”

(4)

Section 131 and Schedule 8 do not apply in relation to the warrant.

LME undertakings and orders

11 (1)

Anything which—

(a)

was done by an enforcing authority for the purpose of, or in connection with, any of sections 14 to 30 of the Immigration Act 2016 (“the 2016 Act”), and

(b)

is in effect immediately before the commencement day,

has effect, on and after that day, as if done by the Secretary of State under the corresponding provision of this Act.

(2)

Anything (including legal proceedings) which—

(a)

relates to a function of an enforcing authority under any of sections 14 to 30 of the 2016 Act, and

(b)

immediately before the commencement day, is in the process of being done by or in relation to the enforcing authority,

may be continued, on and after that day, by or in relation to the Secretary of State under the corresponding provision of this Act.

(3)

Accordingly—

(a)

any undertaking given under section 14(3) of the 2016 Act and having effect immediately before the commencement day is to be treated, on and after that day, as an LME undertaking;

(b)

any order made under section 18 or 20 of the 2016 Act and having effect immediately before the commencement day is to be treated, on and after that day, as an LME order.

(4)

In this paragraph—

“the commencement day” means the day on which the repeal of sections 14 to 30 of the 2016 Act comes into force;

“enforcing authority” has the meaning given by section 14(5) of the 2016 Act (as it had effect immediately before the commencement day).

Information

12 (1)

This paragraph applies to information which—

(a)

was obtained in the course of—

(i)

exercising the powers conferred by section 9 of the Employment Agencies Act 1973 (“the 1973 Act”), or

(ii)

exercising powers by virtue of section 26(1) of the Immigration Act 2016, and

(b)

immediately before the coming into force of paragraph 2 of Schedule 10, is held by an officer acting for the purposes of the 1973 Act.

(2)

On the coming into force of that paragraph, information to which this paragraph applies vests in the Secretary of State.

13 (1)

Any reference in section 135 to information obtained by the Secretary of State in connection with the exercise of any enforcement function includes a reference to—

(a)

any information which the Secretary of State obtains by virtue of paragraph 12;

(b)

any information which, immediately before the coming into force of paragraph 20 of Schedule 10, the Secretary of State holds by virtue of section 15(2) of the National Minimum Wage Act 1998;

(c)

any information which, immediately before the coming into force of paragraph 21 of that Schedule, the Secretary of State holds by virtue of section 16(2) of that Act;

(d)

any information which the Secretary of State obtains by virtue of a property transfer scheme under paragraph 2 of this Schedule.

(2)

Any reference in section 137 to HMRC information includes a reference to any information mentioned in sub-paragraph (1)(a) or (d) which—

(a)

was disclosed to the Director of Labour Market Enforcement or a person falling within paragraph (a), (d), (e), (f) or (g) of paragraph 6(4) by the Commissioners for His Majesty’s Revenue and Customs or a person acting on behalf of the Commissioners, and

(b)

was not obtained by an officer in the course of acting for the purposes of the National Minimum Wage Act 1998 or by virtue of section 26(2) of the Immigration Act 2016.

14

The repeal of section 9 of the Employment Agencies Act 1973 (inspection) by paragraph 3 of Schedule 10 does not prevent the use in evidence against a person, in criminal proceedings taking place on or after the day on which that repeal comes into force, of a statement made before that day by the person in compliance with a requirement under that section (subject to subsection (2B) of that section).

Orders under Modern Slavery Act 2015

15

The reference in paragraph 30(2)(b) of Schedule 7 to an investigation conducted by or on behalf of the Secretary of State includes, in relation to any order made under section 14 of the Modern Slavery Act 2015 before the coming into force of that paragraph, a reference to an investigation conducted by a labour abuse prevention officer (within the meaning of section 114B of the Police and Criminal Evidence Act 1984 as that section had effect before the coming into force of paragraph 63 of Schedule 10).

16 (1)

Where—

(a)

a slavery and trafficking prevention order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 19 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b)

immediately before the day on which paragraph 49 of Schedule 10 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2)

On and after the coming into force of paragraph 50 of Schedule 10, the reference in section 20(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking prevention order made on an application under section 15 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3)

In this paragraph “slavery and trafficking prevention order” has the same meaning as in the 2015 Act.

17 (1)

Where—

(a)

a slavery and trafficking risk order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 26 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b)

immediately before the day on which paragraph 52 of Schedule 10 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2)

On and after the coming into force of paragraph 53 of Schedule 10, the reference in section 27(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking risk order made on an application under section 23 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3)

In this paragraph “slavery and trafficking risk order” has the same meaning as in the 2015 Act.

Notices of underpayment under the National Minimum Wage Act 1998

18

Except so far as provided for by paragraph 6(1) or (2) of this Schedule, the repeal of sections 19 to 19H of the National Minimum Wage Act 1998 by paragraph 23 of Schedule 10 does not apply in relation to any notice served under any of those sections before the coming into force of that repeal (and accordingly paragraph 6(3) of this Schedule does not apply in relation to things done, or in the process of being done, under any of those sections).

Enforcement of agricultural wages legislation

19

The amendments made by paragraphs 17 to 24, 68(2), 81(a) and 85(b) of Schedule 10 do not affect any provision of the National Minimum Wage Act 1998 so far as it has effect for the purposes of any of the following—

(a)

the Agricultural Wages Act 1948;

(b)

the Agricultural Sector (Wales) Act 2014 (anaw 6);

(c)

the Agricultural Wages (Scotland) Act 1949;

(d)

the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (S.I. 1977/2151 (N.I. 22)).

Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

20

The amendment made by paragraph 45(6) of Schedule 10 does not affect any regulations under section 10 of the Gangmasters (Licensing) Act 2004 (appeals) made by a Northern Ireland department in reliance on paragraph 11 of Schedule 2 to that Act as that paragraph had effect immediately before the coming into force of that amendment.