Fair Work Agency: The New Agency for Workers’ Rights and Its Powers of Forced Entry

Published : April 22, 2026

The introduction of the Fair Work Agency marks one of the most significant developments in UK labour law in recent years. Emerging from the Employment Rights Act 2025, the new agency for workers’ rights is designed to consolidate enforcement powers, strengthen protections, and tackle persistent issues such as exploitation, non-compliance, and even modern slavery within the workplace. Among its most controversial and widely discussed powers is the ability to carry out forced entry into business premises, an authority that signals a clear shift in how employment rights are monitored and enforced.

If you have any concerns that your employment rights have been breached, contact Redmans Solicitors without delay. Our team of specialists is here to help. Following a brief consultation, we can assess your case, provide expert advice, and guide those eligible through the legal process.

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The Employment Rights Act 2025: A New Framework for Enforcement

The Employment Rights Act 2025 represents a comprehensive overhaul of existing labour law enforcement mechanisms in the UK. Prior to its introduction, enforcement responsibilities were fragmented across multiple bodies, including HMRC for minimum wage enforcement, the Gangmasters and Labour Abuse Authority, and the Employment Agency Standards Inspectorate.

This fragmented system often resulted in inconsistent enforcement, gaps in accountability, and confusion for both workers and employers. The 2025 Act sought to resolve these issues by centralising enforcement under a single authority: the Fair Work Agency.

The Act introduces a more unified and proactive approach to labour law compliance. It strengthens investigative powers, expands the scope of enforcement, and places greater emphasis on prevention alongside punishment. Importantly, it reflects a broader political and social commitment to improving working conditions and protecting vulnerable workers across sectors.

Agency for Workers’ Rights: What Is the Fair Work Agency?

The Fair Work Agency is a centralised agency for workers’ rights tasked with enforcing a wide range of employment protections. Its creation reflects growing concern over systemic issues in the labour market, including wage theft, exploitative working conditions, and the persistence of modern slavery practices in certain industries.

A key driver behind the agency’s creation was the need to simplify enforcement. Workers previously had to navigate multiple agencies to report issues or seek redress, which often discouraged reporting and delayed outcomes. By acting as a single point of contact, the Fair Work Agency streamlines this process and improves accessibility.

Another important factor was the need to better protect vulnerable workers. Certain sectors, such as hospitality, agriculture, and construction, have long been associated with higher risks of exploitation. The agency is designed to take a more targeted and intelligence-led approach to these sectors, intervening where risks are greatest.

There is also a clear shift in philosophy underpinning the agency’s creation. Rather than relying solely on complaints, the Fair Work Agency has the authority to initiate investigations independently. This marks a move toward a preventative model of enforcement, where potential issues can be identified and addressed before they escalate.

The Powers of the Fair Work Agency

The Fair Work Agency has been granted a wide range of powers to ensure compliance with labour law. These include the ability to inspect workplaces, request documents, issue enforcement notices, and impose financial penalties where breaches are identified.

Inspectors from the agency can enter business premises to carry out inspections, review employment records, and speak directly with workers. These inspections may be prompted by complaints, intelligence gathered by the agency, or routine monitoring activities. Employers can also be required to provide detailed documentation, including payroll records, contracts, and working time data. Failure to provide such information can result in enforcement action.

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Where breaches are identified, the agency has the authority to issue notices requiring employers to take corrective action. Financial penalties may be imposed in cases of non-compliance, and in more serious situations, such as those involving deliberate exploitation or modern slavery, cases can be referred for criminal investigation and prosecution.

The Controversial Power of Forced Entry

One of the most debated aspects of the Fair Work Agency is its reported authority to carry out forced entry into business premises. This power represents a significant expansion of enforcement capabilities and has attracted considerable attention from both employers and legal commentators.

Forced entry refers to the legal ability of inspectors to enter a workplace without the employer’s consent and, where necessary, to use reasonable force to gain access. This power is not intended for routine use but is instead reserved for situations where access is being obstructed or where there is a risk that evidence may be concealed or destroyed.

The introduction of this power is closely linked to efforts to tackle serious forms of labour abuse, including modern slavery. In such cases, employers may actively attempt to prevent inspections or hide evidence of wrongdoing. The ability to gain immediate access to premises is therefore seen as a critical tool for effective enforcement.

However, this power is not without limits. It is expected to be subject to safeguards, including the requirement for proper authorisation, such as a warrant, and adherence to principles of proportionality. These safeguards are intended to ensure that the use of forced entry is justified and that the rights of businesses are respected.

What The Agency for Workers’ Rights Means for Employers

The creation of the Fair Work Agency, along with its enhanced enforcement powers, has significant implications for employers across all sectors. Businesses are likely to face increased scrutiny, particularly in industries that have historically been associated with higher levels of non-compliance.

Employers should anticipate a more proactive enforcement environment, where inspections may occur more frequently and with less notice. This makes it essential for businesses to ensure that their employment practices are fully compliant with the law at all times.

The strengthened enforcement framework also means that non-compliance carries greater risks. Financial penalties may be higher, enforcement actions more visible, and the potential for reputational damage more pronounced. In serious cases, there may also be the risk of criminal liability.

As a result, employers should take steps to review and strengthen their internal processes. This includes ensuring that payroll systems are accurate and transparent, that employment contracts are up to date and compliant, and that proper records are maintained. Training for managers and HR professionals is also essential to ensure that legal obligations are understood and met.

Preparation for inspections is another important consideration. Employers should ensure that relevant documentation is easily accessible and that staff are aware of how to respond appropriately to inspectors. Being prepared can help to minimise disruption and demonstrate a commitment to compliance.

The Role of Government and Policy Direction

The introduction of the Fair Work Agency reflects broader policy priorities within the UK government. Business Secretary Peter Kyle has highlighted the importance of strengthening workers’ rights while ensuring fair competition among businesses.

This initiative forms part of a wider effort to modernise labour law and address longstanding challenges within the labour market. It signals a willingness on the part of the government to adopt more assertive enforcement mechanisms in order to protect workers and uphold standards.

At the same time, there is an ongoing need to balance enforcement with the interests of businesses. Ensuring that powers such as forced entry are used appropriately and proportionately will be key to maintaining confidence in the system.

What Employees Should Keep in Mind

While much of the focus is on employers, the Fair Work Agency also has important implications for employees. The new framework is designed to provide stronger protections and to ensure that rights are more effectively enforced.

Workers can expect greater support in addressing issues such as underpayment, unsafe working conditions, and unfair treatment. The centralisation of enforcement makes it easier to report concerns, reducing confusion and improving access to assistance.

There are also expected to be safeguards in place to protect employees who come forward with complaints. Protection from retaliation is particularly important in cases involving vulnerable workers, who may otherwise be reluctant to report issues.

Employees should take the opportunity to familiarise themselves with their rights under the new system. A better understanding of entitlements and protections can help individuals to recognise when those rights are being breached and to take appropriate action.

Balancing Enforcement and Business Concerns

The reported introduction of forced entry powers has sparked debate about the balance between effective enforcement and the rights of businesses. Some critics argue that such powers may be overly intrusive and could create uncertainty, particularly for smaller organisations.

Concerns have been raised about the potential for overreach and the impact that enforcement actions may have on business operations. These concerns highlight the importance of clear guidelines and robust oversight mechanisms to ensure that powers are exercised responsibly.

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On the other hand, supporters argue that strong enforcement tools are necessary to tackle serious abuses that might otherwise remain hidden. Without such powers, there is a risk that exploitative practices could continue unchecked, undermining both workers’ rights and fair competition.

The effectiveness of the Fair Work Agency will ultimately depend on how these competing interests are balanced in practice. The use of safeguards, transparency in enforcement, and accountability will all play a crucial role in shaping outcomes.

The Agency for Workers’ Rights: Our Final Thoughts

The Fair Work Agency represents a major shift in the UK’s approach to labour law enforcement. As a new agency for workers’ rights, it brings together previously fragmented responsibilities and introduces stronger, more proactive measures to ensure compliance.

Its powers, particularly the reported ability to carry out forced entry, underline a clear commitment to tackling serious workplace abuses, including modern slavery. At the same time, these powers raise important questions about proportionality and the need to protect business rights.

For employers, the message is clear. Compliance must be a priority, and preparation is essential in an environment of increased scrutiny. For employees, the new system offers enhanced protection and a more accessible route to enforcement.

As the Fair Work Agency begins its work, its impact will be closely watched. Its success will depend not only on the strength of its powers but also on how those powers are applied in practice, shaping the future of labour law in the UK.

Get Help with Redmans

If you are concerned about how new enforcement powers may affect your workplace, or if you believe your employment rights have been breached, you may have legal options. Redmans Solicitors are employment specialists and, after a quick chat, can provide expert advice tailored to your situation. They can also assess your eligibility to make a claim and guide those who are eligible through the process.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.