TISCreport UK Employment and Labour Legislation FAQ

Frequently Asked Questions

Some of the key legislative levers we use here at TISCreport are outlined in this FAQ. If you want to put more S and G into your ESGs then this is a good place to start, with the UK's employment and labour regulations.

What are the key employment and labour laws in the UK?
The United Kingdom has a comprehensive system of employment and labor laws that are designed to protect the rights of workers and ensure that they are treated fairly in the workplace. Some of the key employment and labor laws in the UK include:
The Employment Rights Act 1996: This act sets out the rights and responsibilities of employees and employers, including the right to a written statement of employment, the right to be paid at least the national minimum wage, and the right to take leave for certain purposes.
The Equality Act 2010: This act prohibits discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also requires employers to make reasonable adjustments for employees with disabilities.
The Working Time Regulations 1998: This act sets out the maximum number of working hours that an employer can require an employee to work, as well as the minimum amount of rest breaks and paid leave that an employee is entitled to.
The Health and Safety at Work etc. Act 1974: This act requires employers to take reasonable steps to ensure the health and safety of their employees, and to provide them with appropriate training and protective equipment.
The National Minimum Wage Act 1998: This act sets out the minimum wage that employers must pay to workers. The national minimum wage is reviewed annually and is based on age and experience.
The Trade Union and Labour Relations (Consolidation) Act 1992: This act sets out the rights of trade unions and their members, including the right to strike and the right to be represented in workplace negotiations. It also regulates the conduct of industrial action and the procedures for resolving disputes between unions and employers.
These are just a few examples of the employment and labor laws in the UK. There are many other laws and regulations that apply to specific industries or sectors, such as the Gangmasters and Labour Abuse Authority (GLAA) which is responsible for protecting workers in the agricultural, horticultural, shellfish-gathering, and associated processing and packaging sectors.
What is the Gangmasters and Labour Abuse Authority and which laws does it enforce?

The Gangmasters and Labour Abuse Authority (GLAA) is a UK government agency that is responsible for combating modern slavery, human trafficking, and labour exploitation. The GLAA was established in 2004 as the Gangmasters Licensing Authority (GLA) and was renamed in 2017 to reflect its broader mandate.

The GLAA works to protect workers from being exploited by gangmasters and other unscrupulous employers and labor providers. Gangmasters are individuals or organizations that supply workers to industries such as agriculture, forestry, horticulture, shellfish gathering, and food processing, and who may exploit their workers through poor working conditions, low pay, and other forms of abuse.

The GLAA has a number of powers and responsibilities, including the authority to carry out investigations, to issue and revoke licenses for gangmasters, and to take enforcement action against those who engage in unlawful activities. It also works with other organizations and agencies to raise awareness of the issues of modern slavery and labour exploitation, and to provide support and assistance to victims.

The GLAA plays an important role in protecting workers in the UK from exploitation and abuse, and in promoting fair and ethical working practices in industries where these issues are known to occur.

The GLAA enforces several laws that are designed to protect workers from exploitation and abuse, including:
The Gangmasters (Licensing) Act 2004: This act established the GLAA and set out the powers and duties of the agency. It also established the licensing system for gangmasters, which requires gangmasters to be licensed in order to operate legally in the UK.
The Modern Slavery Act 2015: This act makes it a criminal offense to hold someone in slavery or servitude, or to require someone to perform forced or compulsory labor. It also established the Independent Anti-Slavery Commissioner, who is responsible for overseeing the work of the GLAA and other agencies in combating slavery and human trafficking.
The Employment Agencies Act 1973: This act regulates the activities of employment agencies and sets out the rights and responsibilities of agencies and workers.
The National Minimum Wage Act 1998: This act sets out the minimum wage that employers must pay to workers, including agricultural workers.
The Working Time Regulations 1998: This act sets out the maximum number of working hours that an employer can require an employee to work, as well as the minimum amount of rest breaks and paid leave that an employee is entitled to.
The GLAA works closely with other law enforcement agencies, such as the police, to investigate and prosecute cases of exploitation and abuse. It also provides support and assistance to victims of exploitation and abuse, and works with partners to raise awareness of these issues and prevent exploitation and abuse from occurring.

What is the Employment Agency Standards Inspectorate?
The Employment Agency Standards Inspectorate (EAS) is a UK government agency that is responsible for enforcing the Employment Agencies Act 1973 and other related legislation. The EAS is part of the Department for Business, Energy and Industrial Strategy (BEIS) and works to ensure that employment agencies and employment businesses operating in the UK comply with the legal requirements set out in these laws.
The EAS has a number of powers and responsibilities, including the authority to carry out inspections of employment agencies, to investigate complaints about agencies, and to take enforcement action against agencies that breach the law. The EAS can also provide guidance and advice to employment agencies to help them understand and comply with their legal obligations.
The EAS works to protect workers from exploitation and abuse by employment agencies and employment businesses, and to ensure that agencies operate in a fair and transparent manner. It is an important part of the UK's system for regulating the employment agency sector and helping to ensure that workers are treated fairly and with respect.
What is Section 9 4 (a) (i) of the Employment Agencies Act 1973 and why is it important??

Section 9(4)(a)(i) of the Employment Agencies Act 1973 is a provision that pertains to the circumstances under which an employment agency may charge a fee to a worker. According to this provision, an employment agency may charge a fee to a worker if the worker has requested the agency to find work for them and the agency has subsequently found work for the worker as a result of that request.

The Employment Agencies Act 1973 is a UK law that regulates the operation of employment agencies and employment businesses. It sets out the rights and responsibilities of both employment agencies and workers, and seeks to protect workers from exploitation and abuse by these types of businesses.

Under the Act, employment agencies are not allowed to charge fees to workers unless certain conditions are met. Section 9(4)(a)(i) specifies one of these conditions, which is that the worker must have made a specific request to the agency to find work for them, and the agency must have subsequently found work for the worker as a result of that request.

This provision is intended to ensure that employment agencies only charge fees to workers who have actively sought out their services and have received a benefit as a result. It also helps to prevent employment agencies from charging fees to workers who are simply looking for work on their own, without the assistance of the agency.

who is in scope for Section 9(4)(a)(i) of the Employment Agencies Act 1973?
Section 9(4)(a)(i) of the Employment Agencies Act 1973 applies to employment agencies and workers in the UK. An employment agency is defined as a business that supplies workers to another person to work under that person's supervision and direction. This includes temporary staffing agencies, recruitment agencies, and other businesses that provide workers to other organizations or individuals.
Workers who are in scope for this provision are those who have requested the agency to find work for them, and who have subsequently been found work as a result of that request. This could include workers who are looking for temporary or permanent employment, as well as those who are seeking part-time or casual work.
The provision applies to workers regardless of their employment status, so it could apply to workers who are employees, self-employed, or working on a freelance or casual basis. It is intended to protect workers from being charged fees by employment agencies unless the agency has provided a service that has resulted in the worker being offered work.