Legislation – Employment Rights Act 2025

Employment Rights Act 2025, Section 151 is up to date with all changes known to be in force on or before 01 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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Changes and effects yet to be applied to Section 151:

s. 151(1)(3)(4) coming into force by S.I. 2026/323 reg. 4(1)(2)(51)

Part 5Enforcement of labour market legislation

Interpretation of this Part

151Interpretation: general

(1)

In this Part—

“the Advisory Board” means the Advisory Board established under section 93;

“ancillary offence”, in relation to an offence under any provision of relevant labour market legislation, means—

(a)

an offence of attempting or conspiring to commit such an offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence;

(c)

an offence of inciting a person to commit such an offence;

(d)

an offence of aiding, abetting, counselling or procuring the commission of such an offence;

“business” includes—

(a)

a trade or profession, and

(b)

any activity carried on by a body of persons (whether corporate or unincorporated);

“employee” means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

“employer” has the meaning given by subsection (2);

“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 122 of that Act);

“enactment” means an enactment whenever passed or made, and includes—

(a)

an enactment contained in subordinate legislation,

(b)

an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru,

(c)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“enforcement function”, in relation to the Secretary of State, has the meaning given by section 91;

“enforcement officer” has the meaning given by section 90(3);

“GCHQ” has the same meaning as in the Intelligence Services Act 1994;

“intelligence service” means—

(a)

the Security Service;

(b)

the Secret Intelligence Service;

(c)

GCHQ;

“labour market offence” means—

(a)

an offence under any provision of relevant labour market legislation, or

(b)

an ancillary offence relating to such an offence;

“the liable party”, in relation to a notice of underpayment, has the meaning given by section 103(1);

“LME order” has the meaning given by section 123(2);

“LME undertaking” has the meaning given by section 119(3);

“non-compliance with relevant labour market legislation” has the meaning given by section 150; and any reference to a failure to comply with relevant labour market legislation is to be read accordingly;

“notice of underpayment” has the meaning given by section 103(2);

“premises” has the meaning given by subsection (3);

“the relevant day”, in relation to a notice of underpayment, has the meaning given by section 103(1);

“relevant labour market legislation” means the labour market legislation listed in Part 1 of Schedule 7;

“respondent”, in relation to an LME order, has the meaning given by section 123(2);

“statutory pay provision” has the meaning given by section 103(7);

“subject”, in relation to an LME undertaking, has the meaning given by section 119(3);

“subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978;

“trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 1 of that Act);

“underpaid individual”, in relation to a notice of underpayment, has the meaning given by section 103(1);

an individual seeking to be employed by a person as a worker.