Nine in ten HR professionals have had no contact with the Fair Work Agency

A survey undertaken by Occupational Health Assessment Limited suggest that more than nine in ten (92%) senior HR professionals have had no contact with the newly created Fair Work Agency (FWA), including 40% of employers that were not even aware of the FWA’s remit in the new – post Employment Rights Act 2025 – compliance landscape.   

1.5 million workers represented

Occupational Health Assessment Limited questioned 140 HR experts representing employers with 1.5 million worldwide workers.  The research found that just 3% of organisations had been actively in contact with the FWA since the agency started work on the 7^th April this year. 

Claire McCusker, Practice Director at Occupational Health Assessment Limited, commented;

“The Employment Rights Act 2025 has significantly strengthened the rights of workers here in the United Kingdom, and the Fair Work Agency has been launched to bring together enforcement of key employment rights into one place. 

This is a welcome move, yet one that will only improve outcomes if employers are fully aware of the FWA and its role and are familiar with the enforcement options that will be applied if employment mistakes are made.”

New powers

The Fair Work Agency now has powers to investigate breaches of employment rights, issue civil penalties and act against labour exploitation.  It is also expected that they will enforce other employment rights (such as the accurate calculation and payment of the recently improved Statutory Sick Pay) and some other aspects of the Employment Rights Act. 

Mixed views

In addition, the FWA recently published their “Working Lives” report which suggested that 7 in 10 workers have experienced “a range of clear legal violations, potential legal violations and other harmful practices at work”.

The Occupational Health Assessment Limited survey found that HR experts had mixed views on the new agency.  Just over a third of respondents (35%) think that the FWA might or will improve understanding and compliance with employer duties, whilst a similar number (38%) believe that the FWA will either have little practical impact on day-to-day duties (20%) or will actively complicate the compliance landscape (17%).

Steve Herbert, Brand Ambassador at Occupational Health Assessment Limited, observed;

“The FWA’s own findings suggest that most workers were exposed to some poor employment practices before the latest Employment Rights Act 2025 came into force.  Now that those rights have been further strengthened it is perhaps more likely that further inadvertent employer breaches will occur as organisations grapple with an increasingly complex employment landscape.

We welcome the creation of the Fair Work Agency to help avoid such failings, and hope that they will reach out to many more employers across the remainder of 2026.”

For full details of the Occupational Health Assessment Limited research findings please scroll down.

Survey details & results

The anonymous survey was undertaken on Wednesday 3^rd June 2026 as part of the quarterly Occupational Health Assessment Employment Webinars series.  140 senior HR, Finance, and C-Suite professionals responded representing UK employers in the Private, Public, and Third Sector.  In total these organisations employ around 1.5 million workers worldwide.

Survey results and questions:

Q1)  Before today, were you aware of the (newly created) Fair Work Agency (FWA)?

• Yes, we were aware and have been in contact with the FWA (3%)
• Yes, we were aware but have had no contact with the FWA (52%)
• No, we were not aware of the FWA (40%)
• I’m not sure (5%)

 Q2)  In your opinion, will a new agency (the FWA) help or hinder compliance with employer duties?

• The FWA will improve understanding and compliance (10%)
• The FWA might help improve understanding and compliance (25%)
• The FWA will have little practical impact on our day to day understanding & compliance (20%)
• The FWA will further complicate the understanding and compliance landscape (17%)
• I’m not sure (27%)