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Consultation on the proposed changes to permit the sharing of information between the bodies responsible for enforcing workplace rights

Starting Date: 09-10-09

Closing Date: 17-12-09

Background to consultation

All workers in the UK benefit from a range of basic workplace rights and protections such as the national minimum wage, the right not to have to work more than 48 hours a week on average, and special rules governing the conduct of employment agencies. The Government is committed to effective enforcement of these rights to protect vulnerable workers, and ensure a level playing field for reputable businesses.

Enforcement responsibilities are divided between a number of departments and agencies. HM Revenue and Customs, for example, enforces the National Minimum Wage; HSE and local authorities enforce working time regulations; and BIS’s Employment Agency Standards inspectorate enforces employment agency regulation. The Government’s Vulnerable Worker Enforcement Forum, which reported last year, looked at the effectiveness of these enforcement arrangements and highlighted the need for closer collaboration between the enforcement bodies concerned. It found, however, that legal barriers exist which impede the extent to these bodies can share information, and which stand in the way of more targeted and cost-effective enforcement activity.

The Government made a commitment to addressing these barriers as soon as legislative time permits.

Purpose of consultation

This consultation seeks views on proposals for a Legislative Reform Order (LRO) to put in place a limited number of information-sharing gateways between the bodies responsible for enforcing workplace rights. The LRO will do this by amending the Employment Agencies Act 1973, the National Minimum Wage Act 1998, the Working Time Regulations 1998 and the Agricultural Wages Act.

We are seeking views on a number of issues, including:

• The strength of the case for creating new information-sharing gateways; and
• Whether the proposals meet the special pre-conditions for an LRO

This consultation has now closed.

Consultation Documents

• Information-sharing between bodies responsible for enforcing workplace rights. Consultation on proposals to amend the: Employment Agencies Act 1973, National Minimum Wage Act 1998, Working Time Regulations 1998, Agricultural Wage Act 1948 (288KB)