The Employment Rights Act 2025 (Investigatory Powers) (Consequential Amendments) Regulations 2026

Published: Wed 25th Mar 26

These Regulations, made by the Secretary of State under the powers granted by the Employment Rights Act 2025, amend the Investigatory Powers Act 2016 to ensure that the Fair Work Agency, which is taking over the functions of the abolished Gangmasters and Labour Abuse Authority (GLAA), retains the necessary authority to access communications data for enforcement purposes.

The amendment specifically updates the list of relevant public authorities in Schedule 4 of the 2016 Act, substituting the GLAA's designation with that of the Fair Work Agency within the Department for Business and Trade.

Arguments For

Ensures continuity of law enforcement capabilities by transferring specified investigatory powers related to communications data access from the dissolved Gangmasters and Labour Abuse Authority (GLAA) to the newly established Fair Work Agency.
Maintains regulatory oversight concerning licensing and labour standards during the transition, as the Fair Work Agency inherits the enforcement functions previously held by the GLAA under the Gangmasters (Licensing) Act 2004.
Provides legal clarity by directly amending Schedule 4 of the Investigatory Powers Act 2016, which dictates which public authorities can authorise the obtaining of communications data under specific sections.

Arguments Against

Introduces new investigatory powers to a different governmental body (the Fair Work Agency), potentially requiring external monitoring bodies, such as the Investigatory Powers Commissioner, to adapt their oversight frameworks.
The changes stem from the abolition of the GLAA via the Employment Rights Act 2025, which might lead to scrutiny regarding the justification for transferring such surveillance powers to the new agency without establishing a new, separate legislative review.
Although no significant impact assessment was produced for these specific regulations, the transfer of powers could complicate existing procedural agreements between the former GLAA and other law enforcement bodies related to the use of data obtained under the Investigatory Powers Act 2016.

STATUTORY INSTRUMENTS

2026 No. 351

EMPLOYMENT INVESTIGATORY POWERS

The Employment Rights Act 2025 (Investigatory Powers) (Consequential Amendments) Regulations 2026

Made - - - -

19th March 2026

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 154(1) and (2) of the Employment Rights Act 2025( 1 ).

In accordance with sections 154(4) and 156(6)(a) of the Employment Rights Act 2025, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

This section identifies the legal nature of the instrument: it is a Statutory Instrument numbered 2026 No. 351 concerning employment investigatory powers.

It is formally titled the Employment Rights Act 2025 (Investigatory Powers) (Consequential Amendments) Regulations 2026.

The instrument was made by the Secretary of State on March 19, 2026, using powers granted by sections 154(1) and (2) of the Employment Rights Act 2025.

Furthermore, it had to pass through a parliamentary approval process, where a draft was laid before and approved by both Houses of Parliament, as required by sections 154(4) and 156(6)(a) of the 2025 Act.

Citation, commencement and extent

-(1) These Regulations may be cited as the Employment Rights Act 2025 (Investigatory Powers) (Consequential Amendments) Regulations 2026.

(2) These Regulations come into force on whichever is the later of-

(a) 7th April 2026;
(b) the day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Regulation 1 establishes the official citation for the instrument.

Commencement is set for the latest date between April 7, 2026, and the day following the official date of making.

These Regulations apply across the entire United Kingdom, extending their effect to England, Wales, Scotland, and Northern Ireland regarding the listed legal areas.

Amendment of Schedule 4 to the Investigatory Powers Act 2016

-(1) The table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016 (relevant public authorities and designated senior officers etc.)( 2 ) is amended as follows.

(2) After the entry for the Department for Business and Trade, so far as relating to the Insolvency Service, insert-

| 'Department for Business and Trade, so far as relating to the Fair Work Agency | 60A(7)(b) | 61A(7)(a)' |

Regulation 2 makes the primary change by amending Schedule 4 of the Investigatory Powers Act 2016, which lists the public bodies authorised to use specific investigatory powers.

This amendment specifically updates Part 1 of that Schedule.

The amendment inserts a new entry following the existing designation for the Insolvency Service within the Department for Business and Trade.

This new entry specifies the Fair Work Agency as a relevant public authority authorised under sections 60A(7)(b) and 61A(7)(a) of the 2016 Act.

19th March 2026

Kate Dearden Parliamentary Under-Secretary of State Department for Business and Trade

This confirms the date the instrument was signed and identifies the signatory as Kate Dearden, the Parliamentary Under-Secretary of State for the Department for Business and Trade.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make an amendment that is consequential on section 148 of the Employment Rights Act 2025 (c. 36) ('the 2025 Act').

Section 148 of the 2025 Act abolishes the Gangmasters and Labour Abuse Authority ('the GLAA') and omits section 1 of the Gangmasters (Licensing) Act 2004 (c. 11). The functions of the GLAA will be transferred to the Secretary of State and carried out by the Fair Work Agency, which will be an executive agency of the Department for Business and Trade.

The GLAA was specified as a relevant public authority in the table in Part 1 of Schedule 4 to the Investigatory Powers Act 2016 (c. 25) ('the 2016 Act'). Schedule 4 specified the conditions under which the GLAA could be authorised to obtain communications data under section 60A or 61A of the 2016 Act. Regulation 2 makes a consequential amendment to Schedule 4 to ensure that enforcement officers of the Fair Work Agency have access to the same investigatory powers as enforcement officers of the GLAA had for carrying out the same enforcement functions.

The Secretary of State has consulted the Investigatory Powers Commissioner before making these Regulations.

An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The impact assessments for the Employment Rights Bill, introduced to Parliament on 10th October 2024, contain an assessment of the effect that the reforms to employment law and industrial relations law will have on the costs of business, the voluntary sector and the public sector. They are available at: https://bills.parliament.uk/bills/3737/ publications. Printed copies can be obtained from the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London SW1A 2DY.

The Explanatory Note clarifies that the amendment is a consequence of section 148 of the Employment Rights Act 2025, which dissolves the Gangmasters and Labour Abuse Authority (GLAA).

Key functions of the GLAA are moving to the Fair Work Agency, an executive agency within the Department for Business and Trade.

Because the GLAA was listed in Schedule 4 of the Investigatory Powers Act 2016, allowing its officers to obtain communications data under sections 60A or 61A, Regulation 2 ensures the Fair Work Agency inherits these exact same powers to carry out the transferred enforcement duties.

The Secretary of State consulted the Investigatory Powers Commissioner before enacting this instrument.

No specific impact assessment accompanied these Regulations because any significant impact was deemed to be covered by the prior assessments related to the primary Employment Rights Bill.

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