Legislation – Employment Rights Act 2025

Part 1
Employment rights

1 Right to guaranteed hours

2 Shifts: rights to reasonable notice

3 Right to payment for cancelled, moved and curtailed shifts

4 Agency workers: guaranteed hours and rights relating to shifts

5 Collective agreements: contracting out

6 Amendments relating to sections 1 to 5

7 Repeal of Workers (Predictable Terms and Conditions) Act 2023

8 Exclusivity terms in zero hours arrangements

9 Right to request flexible working

10 Statutory sick pay in Great Britain: removal of waiting period

11 Statutory sick pay in Great Britain: lower earnings limit etc

12 Statutory sick pay in Northern Ireland: removal of waiting period

13 Statutory sick pay in Northern Ireland: lower earnings limit etc

14 Policy about allocating tips etc: consultation and review

15 Parental leave: removal of qualifying period of employment

16 Paternity leave: removal of qualifying period of employment

17 Ability to take paternity leave following shared parental leave

18 Bereavement leave

19 Review of extent of right to time off for public duties

20 Employers to take all reasonable steps to prevent sexual harassment

21 Harassment by third parties

22 Sexual harassment: power to make provision about “reasonable steps”

23 Protection of disclosures relating to sexual harassment

24 Contractual duties of confidentiality relating to harassment and discrimination

25 Right not to be unfairly dismissed: qualifying period and compensation

26 Dismissal during pregnancy

27 Dismissal following period of statutory family leave

28 Dismissal for failing to agree to variation of contract, etc

Part 2
Other matters relating to employment

29 Collective redundancy: extended application of requirements

30 Collective redundancy consultation: protected period

31 Collective redundancy notifications: ships’ crew

32 Public sector outsourcing: protection of workers

33 Equality action plans

34 Provision of information relating to outsourced workers

35 Duty to keep records relating to annual leave

36 Extension of regulation of employment businesses

37 Guidance about the employment of children on heritage railways

Part 3
Pay and conditions in particular sectors

Chapter 1 School support staff

38 Pay and conditions of school support staff in England

Chapter 2 Social care workers

Social Care Negotiating Bodies

39 Power to establish Social Care Negotiating Body

40 Membership, procedure, etc of Negotiating Body

41 Matters within Negotiating Body’s remit

42 Meaning of “social care worker”

Consideration of matters by Negotiating Body

43 Consideration of matters by Negotiating Body

44 Reconsideration by Negotiating Body

45 Failure to reach an agreement

Giving effect to agreements of Negotiating Body

46 Power to ratify agreements

47 Effect of regulations ratifying agreement

Power of appropriate authority to deal with matters

48 Power of appropriate authority to deal with matters

49 Guidance and codes of practice

50 Duty of employers to keep records

51 Agency workers who are not otherwise “workers”

Supplementary and general

52 Regulations under section 46 or 48: supplementary

53 Regulations under this Chapter

54 Status of agreements, etc

55 Interpretation of this Chapter

Chapter 3 Seafarers

56 Seafarers’ wages and working conditions

57 International agreements relating to maritime employment

Part 4
Trade unions and industrial action, etc

58 Right to statement of trade union rights

59 Right of trade unions to access workplaces

60 Trade union recognition

61 Political funds: requirement to pass political resolution

62 Requirement to contribute to political fund

63 Deduction of trade union subscriptions from wages in public sector

64 Facilities provided to trade union officials and learning representatives

65 Facilities for equality representatives

66 Facility time: publication requirements and reserve powers

67 Blacklists: additional powers

68 Industrial action ballots: turnout threshold

69 Industrial action ballots: support thresholds

70 Industrial action ballots: information to be included in notices to employers

71 Industrial action ballots: information to be included on voting paper

72 Period after which industrial action ballot ceases to be effective

73 Electronic balloting

74 Notice to employers of industrial action

75 Union supervision of picketing

76 Protection against detriment for taking industrial action

77 Protection against dismissal for taking industrial action

78 Repeal of provision about minimum service levels

79 Annual returns: removal of provision about industrial action

80 Annual returns: removal of provision about political expenditure

81 Removal of powers to enforce requirements relating to annual returns

82 Removal of investigatory powers

83 Powers to be exercised only on application

84 Removal of power to impose financial penalties

85 Removal of power to impose levy

86 Appeals to the Employment Appeal Tribunal

87 Employment outside Great Britain

88 Regulations subject to affirmative resolution procedure

89 Devolved Welsh authorities

Part 5
Enforcement of labour market legislation

90 Enforcement of labour market legislation by Secretary of State

91 Enforcement functions of Secretary of State

92 Delegation of functions

93 Advisory Board

94 Labour market enforcement strategy

95 Annual reports

96 Power to obtain documents or information

97 Power to enter premises in order to obtain documents, etc

98 Power to enter dwelling subject to warrant

99 Supplementary powers in relation to documents

100 Retention of documents

101 Powers of enforcement officers under Police and Criminal Evidence Act 1984

102 Offences relating to gangmasters: power to enter premises with warrant

103 Power to give notice of underpayment

104 Calculation of the required sum

105 Period to which notice of underpayment may relate

106 Notices of underpayment: further provision

107 Penalties for underpayment

108 Further provision about penalties

109 Suspension of penalty where criminal proceedings have been brought, etc

110 Appeals against notices of underpayment

111 Withdrawal of notice of underpayment

112 Replacement notice of underpayment

113 Effect of replacement notice of underpayment

114 Enforcement of requirement to pay sums due to individuals

115 Enforcement of requirement to pay penalty

116 Power to bring proceedings in employment tribunal

117 Power to provide legal assistance

118 Recovery of costs of legal assistance

119 Power to request LME undertaking

120 Measures in LME undertakings

121 Duration of LME undertakings

122 Means of giving notice under section 119

123 Power to make LME order on application

124 Applications for LME orders

125 Power to make LME order on conviction

126 Measures in LME orders

127 Further provision about LME orders

128 Variation and discharge of LME orders

129 LME orders: appeals

130 Evidence of authority

132 Items subject to legal privilege

133 Privilege against self-incrimination

134 Information relating to the intelligence services, etc

135 Disclosure of information

136 Disclosure of information: supplementary provision

137 Restriction on disclosure of HMRC information

138 Restriction on disclosure of intelligence service information

139 Offence of failing to comply with LME order

140 Offence of providing false information or documents

141 Providing false information or documents: national security etc defence

142 Offence of obstruction

143 Power to recover costs of enforcement

144 Offences by bodies corporate

145 Application of this Part to partnerships

146 Application of this Part to unincorporated associations

147 Application of this Part to the Crown and Parliament

148 Abolition of existing enforcement authorities

149 Consequential and transitional provision

150 Meaning of “non-compliance with relevant labour market legislation”

151 Interpretation: general

Part 6
Miscellaneous and general

152 Increase in time limits for making claims

153 Orders and regulations under Employment Rights Act 1996: procedure

154 Power to make consequential amendments

155 Power to make transitional or saving provision

156 Regulations

157 Financial provision

159 Commencement

160 Short title

SCHEDULES

Schedule 1 Agency workers: guaranteed hours and rights relating to shifts

Schedule 2 Consequential amendments relating to sections 1 to 5

Schedule 3 Minor and consequential amendments relating to section 25

Schedule 4 Pay and conditions of school support staff in England

Schedule 5 Seafarers’ wages and working conditions

Schedule 6 Trade union recognition

Schedule 7 Legislation subject to enforcement under Part 5

Schedule 8 Warrants under Part 5: further provision

Schedule 9 Persons to whom information may be disclosed under section 135

Schedule 10 Consequential amendments relating to Part 5

Schedule 11 Transitional and saving provision relating to Part 5

Schedule 12 Increase in time limits for making claims

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Employment Rights Act 2025, Section 109 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Part 5Enforcement of labour market legislation

Notices of underpayment

109Suspension of penalty where criminal proceedings have been brought, etc

(1)

Subsection (3) applies where—

(a)

the Secretary of State is proposing to give a notice of underpayment that imposes a requirement on a person to pay a penalty, and

(b)

it appears to the Secretary of State that—

(i)

relevant criminal proceedings have been brought, or

(ii)

relevant criminal proceedings may be brought.

(2)

In this section “relevant criminal proceedings” means proceedings against the person for a labour market offence in respect of any act or omission to which the notice relates (“the relevant conduct”).

(3)

The notice of underpayment may contain provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the person under subsection (4).

(4)

The Secretary of State may give the person a notice terminating the suspension (a “penalty activation notice”) if it appears to the Secretary of State—

(a)

in a case referred to in subsection (1)(b)(i), that the proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct, or

(b)

in a case referred to in subsection (1)(b)(ii)—

(i)

that relevant criminal proceedings will not be brought, or

(ii)

that relevant criminal proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct.

(5)

Where a penalty activation notice is given, the requirement to pay the penalty has effect as if the notice of underpayment had been given on the day on which the penalty activation notice was given.

(6)

The Secretary of State must give the person a notice withdrawing the requirement to pay the penalty if it appears to the Secretary of State that the person has been convicted of a labour market offence in respect of the relevant conduct.