Currently most employment rights are enforced by the individual through an employment tribunal, a process that is often challenging for workers with limited resources. A limited number of (mainly pay-related) rights are enforced by the state on workers’ behalf.
	The Act allows the establishment of the Fair Work Agency by bringing together existing state enforcement functions including regulations for employment agencies and employment businesses, the unpaid employment tribunal award penalty scheme, enforcement of the National Minimum Wage, Statutory Sick Pay, the licensing regime for businesses operating as ‘gangmasters’ in certain sectors and enforcement of parts 1 and 2 of the Modern Slavery Act 2015. It also incorporates a wider range of employment rights, such as holiday pay and social care pay.
	Currently the time limit in which employees can make an employment tribunal claim for most claims is three months. The Act increases that to six months, bringing the time limit for claims in line with that for statutory redundancy and equal pay claims.
	There is evidence of non-compliance in the umbrella company market, where umbrella companies can be responsible for denying employment rights to those who work through them. This means that many workers are unaware of who is responsible for providing their employment rights, or whether they are entitled to any employment rights at all. The Employment Agency Standards Inspectorate is currently unable to take action against non-compliant umbrella companies, as they do not fall within scope of the legislation covering employment agencies and employment businesses. The Act allows for the regulation of umbrella companies, and for enforcement by the Employment Agency Standards Inspectorate (and subsequently, the Fair Work Agency).
	The Act also provides for the Health and Safety Executive and the Office of Rail and Road to produce guidance setting out the circumstances in which 14-16 year olds may undertake voluntary work in heritage railways settings, with regard to section 1 of the Employment of Women, Young Persons and Children Act 1920.
Enforcement