Employment Rights Bill Spotlight: The New Fair Work Agency

The UK Government has confirmed the appointment of Matthew Taylor as the first Chair of the Fair Work Agency, which is set to launch in April 2026.  The creation of the Fair Work Agency forms a key part of the Government’s wider reforms under the Plan to Make Work Pay, designed to strengthen labour market enforcement and improve protections for workers.  For employers, this represents one of the most significant developments linked to the Employment Rights Bill.

What Is the Fair Work Agency?

The Fair Work Agency will bring together the responsibilities of three existing labour market enforcement bodies into a single organisation.  The aim is to simplify enforcement, improve worker protections and ensure that employers who comply with employment law are not placed at a disadvantage by those who do not.

By consolidating enforcement powers into one agency, the Government intends to create a more coordinated and effective approach to labour market regulation.  More than 15 million workers are expected to benefit from these reforms.

Key Responsibilities of the Fair Work Agency

Once operational, the new agency will have a broad range of enforcement powers.

Enforcing Minimum Wage Compliance – The agency will take stronger action against employers who fail to pay employees the correct National Minimum Wage or National Living Wage.  Ensuring workers receive the correct pay will remain a central enforcement priority.

Recovering Unpaid Holiday Pay

Government estimates suggest that around 900,000 workers each year may not receive their full holiday pay entitlement.  The Fair Work Agency will have the authority to investigate these issues and ensure workers receive the pay they are owed.

A Single Point of Contact

Another key objective of the new agency is to provide a clear and accessible point of contact for both workers and employers.

This should make it easier for individuals to:

  • raise concerns about employment rights
  • seek advice or guidance
  • report potential breaches of employment law

Stronger Investigation and Enforcement Powers

The agency will also be given enhanced powers to investigate employers and take action against those who fail to comply with employment legislation.  This may include penalties and other enforcement measures where breaches are identified.

What This Means for Employers

The creation of the Fair Work Agency signals a shift toward stronger and more coordinated employment law enforcement in the UK.  While the reforms aim to protect workers from exploitation, they also seek to ensure fair competition for employers who already follow the law.

For organisations, this means it will become even more important to ensure that employment practices are fully compliant.

Key areas employers should review include:

  • pay practices, including minimum wage compliance
  • holiday pay calculations
  • employment contracts and policies
  • record keeping and payroll processes

With increased enforcement powers expected from 2026, employers should begin reviewing their compliance arrangements now.

Preparing for the Future of Employment Law

The Fair Work Agency represents one of the most significant changes to employment rights enforcement in a generation.  For responsible employers, these reforms provide an opportunity to review practices and ensure policies are aligned with evolving legal expectations.  Taking proactive steps now can help organisations avoid future risks and ensure they remain competitive in a changing regulatory landscape.

How Nectar HR Can Support Your Organisation

At Nectar HR, we are closely monitoring the development of the Fair Work Agency and the wider reforms introduced through the Employment Rights Bill.

Our team supports employers by:

  • reviewing HR policies and employment contracts
  • ensuring payroll and holiday pay practices are compliant
  • advising on employment law developments
  • preparing organisations for future legislative changes

As enforcement becomes more robust, now is the time to ensure your policies, contracts and pay practices are fully compliant and up to date.

If you would like support reviewing your HR processes, contact Nectar HR to arrange a free HR audit.