Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 102 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
Other powers to investigate non-compliance
102Offences relating to gangmasters: power to enter premises with warrant
(1)
In this section—
(a)
“relevant contravention” means a contravention of section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities), so far as it applies in relation to England and Wales and Scotland;
(b)
references to an enforcement officer do not include an enforcement officer who is authorised by virtue of section 114B of the Police and Criminal Evidence Act 1984 to exercise any power under Part 2 of that Act in relation to a relevant contravention.
(2)
If a justice is satisfied that there are reasonable grounds for an enforcement officer to enter relevant premises for the purpose of determining whether there has been a relevant contravention, and is also satisfied—
(a)
that admission to the premises has been refused, or that a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier,
(b)
that an application for admission, or the giving of such a notice, would defeat the object of the entry,
(c)
that the case is one of extreme urgency, or
(d)
that the premises are unoccupied or the occupier is temporarily absent,
the justice may issue a warrant authorising the enforcement officer to enter the premises, if necessary using reasonable force.
(3)
The reference in subsection (2) to being satisfied that there are reasonable grounds as mentioned in that subsection is, in relation to England and Wales, a reference to being satisfied by written information on oath.
(4)
An enforcement officer entering any premises by virtue of a warrant under this section may—
(a)
when entering the premises, bring any equipment which the officer considers necessary,
(c)
carry out on the premises any other inspections and examinations which the officer considers necessary for the purpose of determining whether there has been a relevant contravention, and
(d)
seize any item which is on the premises.
(5)
(6)
(7)
In this section—
“justice” means—
(a)
in relation to England and Wales, a justice of the peace;
(b)
in relation to Scotland, the sheriff, a summary sheriff or a justice of the peace;
“relevant premises” means any premises which an enforcement officer has reasonable grounds to believe are—
(a)
premises where a person acting as a gangmaster, or a person supplied with workers or services by a person acting as a gangmaster, carries on business, or
(b)
premises which such a person uses in connection with the person’s business;
“worker” has the same meaning as in the Gangmasters (Licensing) Act 2004 (see section 26 of that Act).
(8)
Section 4 of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster) applies for the purposes of this section as it applies for the purposes of that Act.
(9)
For further provision about warrants under this section, see section 131 and Schedule 8.