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Law Society says stronger enforcement powers are positive but tribunal backlogs risk undermining impact of reforms
Plans to create a new Fair Work Agency have been welcomed by the Law Society of England and Wales, which described the agency’s stronger enforcement powers and clearer guidance as “positive steps forward” for workplace rights protection, but the organisation has warned that delays in the employment tribunal system risk limiting the effectiveness of the reforms.
The government intends the Fair Work Agency to simplify the enforcement landscape by bringing together responsibility for enforcing key workplace protections within a single body, making it easier for workers to report breaches of employment law and seek redress. The agency forms part of wider employment-rights reforms and will bring together several existing enforcement functions into a more coordinated structure. It will be led by Lisa Pinney MBE, currently serving as interim chief executive-designate.
However, the Law Society said the agency’s success would depend on tackling persistent backlogs in employment tribunals, which continue to delay resolution of disputes for both workers and employers.
Law Society vice president, Brett Dixon, said: ‘The new Fair Work Agency can strengthen compliance across the labour market and provide greater clarity for both workers and employers. However, people trapped in employment tribunals continue to face significant and damaging delays. The agency must coordinate closely with them, so employment rights are a level playing field for everyone.
‘Clear information on funding, staffing and operational capacity will also be essential to ensure the Fair Work Agency can meet its objectives to support all workers and employers alike,’ Dixon said.
The Society added that reducing waiting times in the tribunal system must remain a priority alongside the introduction of the Fair Work Agency if the reforms are to deliver meaningful improvements in access to justice.