The government's Fair Work Agency may struggle against the 'ongoing and significant' backlog of the employment tribunal system, the Law Society has warned as new employment rights legislation comes in to force.
The Fair Work Agency brings together three separate agencies to ensure employment rights can be enforced more effectively and efficiently, the government said. It is headed by Lisa Pinney MBE, the former chief executive of the Mining Remediation Authority.
Chancery Lane welcomed the agency’s stronger powers and clearer guidance as 'positive steps forward', but questioned whether it had the resources to tackle a record backlog in tribunal cases. At the end of 2025, the system had 523,000 open cases; 11% more than the previous year.
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.
Among other changes, the Employment Rights Act, which came into force this week, grants statutory sick pay from the first day of sickness absence, paternity leave from the first day in a new job and a new right to time off following the death of a child’s mother or primary adopter.
The business secretary, Peter Kyle, said the measure is 'the most significant upgrade to workers’ rights in a generation'.
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