Legislation – Employment Rights Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Employment Rights Act 2025, Section 142.
Changes to Legislation
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Part 5Enforcement of labour market legislation
Offences
142Offence of obstruction
(1)
A person commits an offence if the person—
(a)
intentionally obstructs a person who is acting in the exercise of an enforcement function, or
(b)
without reasonable excuse, fails to comply with any requirement imposed by a person who is acting in the exercise of an enforcement function.
(2)
In subsection (1) “enforcement function” means—
(a)
an enforcement function of the Secretary of State, or
(b)
a power of an enforcement officer, other than a power by virtue of section 116 (power to bring proceedings in employment tribunal).
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine, or both;
(b)
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;
(c)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
(4)
In subsection (3)(a) “the maximum term for summary offences” means—
(a)
in the case of an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b)
in the case of an offence committed after that time, 51 weeks.
(5)
Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.