The Fair Work Agency – set up to police employers and enforce the Employment Rights Act – has been instructed by Labour to expand itself outside of its current remit. Two foundational documents published yesterday have snuck the provisions in…
The ‘strategic steer’ document from DBT contains a “thought leadership” section. In it the FWA is told it should focus on:
“assessing the effectiveness of different enforcement approaches”
“identifying where legislative, operational or strategic changes may be required”
“informing future remit expansion of the FWA”
Later it is instructed to “prepare to commence holiday pay enforcement in 2027 and set out a clear plan to extend enforcement to other rights.” In addition it will have police-style powers to raid employers. The Enforcement Policy Statement additionally states that “the need to consult lawyers prior to compliance” is not considered reasonable cause for withholding information during an inspection. Nor is the absence of a senior member of staff, nor “inconvenience.” No lawyering up when the inspectors arrive…
The FWA also has the ability to obtain authorisations to intercept and acquire communications data under the Investigatory Powers Act 2016. Rayner’s troops can check your phone messages…