Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 97 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.
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Part 5Enforcement of labour market legislation
Powers to obtain documents or information
97Power to enter premises in order to obtain documents, etc
(1)
An enforcement officer may, for any enforcement purpose—
(a)
enter any premises, and
(b)
exercise any powers within subsection (2).
This is subject to section 98 (which provides that a warrant is necessary to enter a dwelling).
(2)
(a)
to inspect or examine any documents on the premises;
(b)
to require any person on the premises to produce any documents which the officer has reasonable grounds to believe are on the premises and within the person’s possession or control;
(c)
to have access to, and check the operation of, any computer or other equipment used in connection with the processing or storage of any information or documents.
(3)
The officer may only exercise a power conferred by this section at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.
(4)
An enforcement officer may seize any document produced, inspected or examined under this section.
(5)
In this section—
“enforcement purpose” means—
(a)
the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function;
(b)
the purpose of determining whether there has been any non-compliance with relevant labour market legislation;
(c)
the purpose of ascertaining whether there are documents on the premises which may be required as evidence in proceedings for any non-compliance with relevant labour market legislation;
“equipment” includes software.