Regulatory enforcement regimes


Some important employment rights are enforced by statutory regulators. Regulators have the power to impose penalties such as fines and enforcement notices, and sometimes to “name and shame” offending employers. Key regulators operating in the employment sphere include:


• HMRC — responsible for enforcing the national minimum wage and for collecting tax and national insurance (see Chapter 4);


• The Information Commissioner — responsible for enforcing data protection laws (see Chapter 4);


• Health and safety inspectors employed by the Health and Safety Executive (see LRD’s annual guide Health and safety law); 


• The Gangmasters Licensing Authority (GLA, to be renamed the Gangmasters and Labour Abuse Authority), regulates the supply of contract labour. See Chapter 3 for important changes to its role made by the Immigration Act 2016; 


• The Anti-Slavery Commissioner, created to enforce obligations in the Modern Slavery Act 2015;


• UK Visas and Immigration, a division of the Home Office;


• The Certification Officer (CO) regulates trade unions and employer associations. Under the Trade Union Act 2016 the CO’s role is to be radically overhauled and expanded, with new and extensive powers to investigate and fine trade unions (see Chapters 5 and 6).


Under the Immigration Act 2016, a new regulator — the Director of Labour Market Enforcement — has been created, with overall authority over enforcement of labour market offences, including HMRC national minimum wage enforcement, the GLA’s licensing and enforcement activities, and the enforcement of offences under the Modern Slavery Act 2015.