Regulations laid to enable Fair Work Agency to carry out enforcement actions from 7 April 2026

By Jo Seery, Professional Support Lawyer

The government has made a series of regulations to enable the Fair Work Agency (FWA) to begin exercising labour market enforcement and licensing functions from 7 April 2026, as part of the implementation of the Employment Rights Act 2025. 

The regulations provide for the transfer of enforcement responsibilities currently carried out by the Employment Agency Standards Inspectorate (EASI) and the Gangmasters and Labour Abuse Authority (GLAA). From April 2026, these functions will be exercised by the FWA on behalf of the Secretary of State for Business and Trade. 

The measures clarify that the FWA will be able to carry out enforcement activity in its own name from the date of its establishment. This includes enforcement of rules relating to agency workers, gangmaster licensing and labour exploitation, as well as the use of investigatory powers previously exercised by the GLAA. 

Separate regulations also apply provisions of the Police and Criminal Evidence Act 1984 to FWA enforcement officers in England and Wales, enabling them to exercise investigatory powers when investigating labour market offences. Further regulations will ensure continuity of investigatory powers relating to communications data. 

While the regulations provide welcome clarity on the FWA’s enforcement role, further commencement regulations are still required to bring the relevant provisions of the Employment Rights Act 2025 fully into force. The government has also confirmed that the FWA will, in due course, take over enforcement of the national minimum wage and other employment rights, although the timetable for these changes has not yet been confirmed.