On 16 October 2025, JMW hosted an exclusive HR Round Table with senior leaders from a range of sectors including recruitment, hospitality, and forensic services.

The session was led by Charlotte Beeley, Senior Associate, alongside Ben Bruten from the Department for Business and Trade. The discussion centred on the Fair Work Agency (‘FWA’), with a particular focus on how it will operate in practice under the forthcoming Employment Rights Bill. Laura Wharton, Partner, Devon-Lee Andriés, Senior Associate, Rachel Steel, Solicitor, and Elle Holland, Paralegal, from JMW were also in attendance.

The roundtable opened with a discussion on the intentions behind the FWA, which aims to simplify the current fragmented enforcement landscape. The Employment Rights Bill (‘the Bill’), which establishes the FWA, will consolidate multiple enforcement bodies and extend their powers in phased stages.

The FWA is designed to be a centralised enforcement body with a broad remit to tackle labour market offences. It will be guided by a tripartite advisory board comprising representatives from unions, businesses, and academia, and will publish annual activity reports to ensure transparency and accountability.

The FWA will bring together:

• The Gangmasters and Labour Abuse Authority (GLAA)
• The Director of Labour Market Enforcement
• The Employment Agency Standards Inspectorate (EAS)
• The National Minimum Wage team

Its mandate includes:

• Strengthening enforcement of workers’ rights
• Supporting businesses with compliance
• Taking robust action against exploitative employers

The current system requires individuals to navigate multiple agencies to resolve employment issues. The FWA will offer a single point of contact, making it easier for workers to seek help and for businesses to understand their obligations.

FWA Powers and Phased Implementation

From day one – existing powers

• Prosecution powers
• GLAA licensing
• EAS regulatory functions

From day one – reformed powers:

• Enhanced investigatory powers
• Civil penalty regime (modelled on NMW enforcement)
• Labour Market Enforcement Undertakings and Orders

Future powers – no confirmed start date:

• Civil proceedings
• Cost recovery mechanisms

Business Concerns and Practical Advice

Attendees expressed concern about the potential cost and litigation risks associated with the Bill, particularly in light of media coverage. Many noted that uncertainty around implementation timelines and enforcement mechanisms has led to recruitment freezes and cautious planning.

Charlotte Beeley acknowledged these challenges, noting that growth and workforce planning were recurring themes. She advised businesses to:

• Stay informed on legal obligations
• Review and update contracts and policies
• Ensure systems are in place to support compliance and resilience

Legal Update and Next Steps

The session concluded with a legal update on the Government’s roadmap for the Bill, including key consultation phases and implementation dates. Attendees were encouraged to engage with ongoing consultations to help shape the final regulations.

By way of an update, the Government has now consulted on the below topics:

Consultation 1: Leave for bereavement (including pregnancy loss)

Make Work Pay: Consultation on Leave for Bereavement including Pregnancy loss

Consultation 2: Right of trade unions to access workplaces –

Make Work Pay: Right of Trade Unions to Access Workplaces

Consultation 3: Duty to inform workers of their right to join a union

Consultation on duty to inform workers of their right to join a trade union

Consultation 4: Enhanced dismissal protections for pregnant women and new mothers

Consultation on enhanced dismissal protections for pregnant women and new mothers

It was particularly valuable to hear how businesses perceive the Bill and the practical implications of the proposed changes.

We extend our thanks to all attendees for their contributions and insights. We look forward to welcoming you to our next HR Round Table in January 2026.