As an agency worker in the UK, your rights build up over time. Some start on day one. Others kick in after 12 weeks. A few more only come into play after two years. Since April 2026, the Fair Work Agency has enforced some of them.
This guide breaks down each stage, what you are entitled to, when it applies, and who has to act. For a broader look at your employment protections, see our guide to employment rights for umbrella workers.
What rights do you get from day one?
From your first day as an agency worker, three rights apply straight away. You are entitled to the National Living Wage, you can use the same workplace facilities as permanent staff, and your hirer must tell you about permanent vacancies. There is no qualifying period for any of them.
National Living Wage
From April 2026, the National Living Wage is £12.71 per hour. If you are 21 or over, you cannot be paid less than that. Your payslip from your umbrella company employer must show your pay before and after deductions. You should also see a breakdown of deductions in every pay period. If your net pay looks too low, check it with our umbrella take-home calculator.
Watch out for excessive deductions. Umbrella margins should be a fixed weekly fee, usually between £15 and £25. If the deductions are large and unclear, ask for a full breakdown.
Workplace facilities
You have the right to use the same facilities as permanent employees. That includes canteens, rest areas, childcare facilities, and company transport. If you are being left out, tell your agency.
Job vacancy information
Your hirer must tell you about any permanent vacancies at the company. You do not have a right to the job, but you do have a right to know it exists. This is a day-one right, not something you earn over time.
What changes after 12 weeks?
Equal treatment rights start after 12 weeks in the same role. You need 12 continuous weeks with the same hirer. After that, you should get equal pay, the same working conditions, and matching holiday entitlement. Pension auto-enrolment depends on your age and earnings.
The 12-week clock resets if there is a break of more than six weeks. It also resets if you move into a materially different role. Keep track of your start date. Your umbrella company should have that on record.
Equal pay
After 12 weeks, your basic pay must match that of a comparable permanent employee. This includes overtime rates and any bonuses tied to performance. It does not automatically cover every benefit, but basic pay is protected.
Working conditions
Your hours, rest breaks, and rota pattern must match those of permanent employees. If permanent staff get an extra break, you should too. If they work a shorter Friday, so should you.
Holiday pay
Your paid holiday entitlement must match that of permanent staff. For most hirers, that is around 28 days a year, bank holidays included. Part-time workers get this pro rata. Your umbrella company holiday pay is either rolled up or held for you to claim later. Either way, it should be clear on your payslip.
Pension auto-enrolment
If you meet the age and earnings conditions, your employer must enrol you in a workplace pension. Your umbrella company handles this for you. Check your payslip to confirm contributions are going in.
What happens after 12 months?
After 12 months in the same role, some extra protections may apply. These are not automatic legal rights in every case. But many agencies and umbrella companies improve terms at this point, including notice periods or holiday pay. Check your contract for the details.
The 12-month mark is not a formal AWR threshold like day one or 12 weeks. Think of it more as a point where contract terms often improve.
Your agency should give you reasonable notice if your assignment is ending. There is no fixed legal minimum in every case, but good practice means giving you time to plan. Ask about the notice policy before you start.
You are also protected from discrimination from day one under the Equality Act 2010. That covers age, gender, race, disability, religion, and other protected characteristics. Keep a record of any incidents. If that happens, contact ACAS or Citizens Advice.
What are your rights after two years?
After two years of continuous service with your employer, you are usually protected from unfair dismissal. From 1 January 2027, this falls to six months. You may also qualify for statutory redundancy pay. Check your eligibility with your umbrella company before your assignment ends.
The two-year threshold applies to continuous service. Breaks can affect the calculation. Your umbrella company can help you check your continuous service record.
Unfair dismissal protection
If your umbrella dismisses you without a fair reason, you may be able to challenge it. The employer needs a valid legal reason, such as redundancy, conduct, or capability. If they cannot give one, you may have a claim at an employment tribunal.
Statutory redundancy pay
After two years of continuous service, you may qualify for a redundancy payment. The amount depends on your age, length of service, and weekly pay. Your umbrella company should be able to help you work it out.
Negotiation position
Two years of service also puts you in a stronger position. You know the role. The hirer knows your value. It is a reasonable time to ask your agency to review your rate.
Who enforces agency worker rights in 2026?
The Fair Work Agency (FWA) launched on 7 April 2026. It is now the main state enforcement body for the National Minimum Wage and employment agencies. The FWA replaced several separate enforcement bodies. HMRC delivers NMW enforcement for it until April 2027. The FWA can investigate hirers, agencies, and umbrella companies.
Before April 2026, enforcement was split between different bodies. HMRC handled minimum wage underpayment. The Employment Agency Standards Inspectorate (EAS) dealt with agency breaches. These powers are now under the FWA.
The FWA can act on complaints from workers. It can also open its own investigations across the supply chain. That means hirers, agencies, and umbrella companies can all be looked at together.
Holiday pay enforcement powers are expected from 2027. The FWA launched with National Minimum Wage and agency compliance powers. Holiday pay will follow once secondary legislation is in place. Until then, holiday pay claims go through Acas and a tribunal.
How JSL affects agency workers
Since 6 April 2026, the JSL rule has put agencies on the hook for unpaid PAYE. If their umbrella company does not pay HMRC, the agency ends up with the bill. That changes things for you too. Agencies are now much more careful about which umbrella companies they work with. They are more likely to insist on accredited umbrellas, and less likely to push workers into non-compliant arrangements.
If your agency pushes you towards a specific umbrella, ask why. A good agency knows what makes an umbrella company compliant because compliance matters to them. Under JSL, it now matters financially as well. DASA holds FCSA, Professional Passport and SafeRec accreditation, which is the sort of due diligence agencies look for.
What should you do if your rights are being ignored?
If you think your rights are being ignored, raise it first. Start with your agency or umbrella company. If that does not work, contact ACAS. Report NMW problems to HMRC and agency breaches to the FWA. You can also make a claim at an employment tribunal. Keep records from day one.
Step 1: Raise it internally
Talk to your agency or umbrella company. Explain which right you think is being ignored and ask for a written response. A lot of issues come down to misunderstanding rather than deliberate non-compliance. Keep the reply.
Step 2: Contact ACAS
ACAS (Advisory, Conciliation and Arbitration Service) gives free, confidential guidance on employment disputes. It can explain your rights and help settle matters before a tribunal. Contact them at acas.org.uk or call 0300 123 1100.
Step 3: Report to HMRC or the Fair Work Agency
Report minimum wage breaches to HMRC, which enforces them for the FWA until April 2027. Report employment agency breaches to the FWA. They can investigate and require back payment of wages owed. Holiday pay enforcement powers are expected from 2027.
Step 4: Employment tribunal
For serious problems like unfair dismissal, you can make a tribunal claim. You usually have 6 months if the problem happened on or after 1 October 2026, and 3 months if earlier. ACAS early conciliation is required first.
Keep notes throughout. Write down dates, conversations, and amounts. Without records, it becomes your word against theirs.
| Time period | What you get |
|---|---|
| From day one | National Living Wage (£12.71/hr), workplace facilities, job vacancy information |
| After 12 weeks | Equal pay, equal working conditions, equal holiday entitlement. Pension auto-enrolment depends on age and earnings. |
| After 12 months | Improved contractual terms (varies) |
| After 2 years | Unfair dismissal protection, statutory redundancy pay eligibility |
| April 2026 onwards | FWA as the enforcement body for National Minimum Wage and agency standards |
FAQs
What rights does an agency worker have from day one in the UK?
From your first day, you’re entitled to the National Living Wage (£12.71 per hour from April 2026), the same workplace facilities as permanent staff, and information about any permanent vacancies at the hirer. There’s no waiting period for any of these rights.
When do equal pay rights start for agency workers?
Equal pay starts after 12 continuous weeks in the same role with the same hirer. After that, your basic pay, working conditions, and holiday entitlement should line up with comparable permanent employees. The 12-week clock resets if you have a break of more than six weeks.
What is the Fair Work Agency and what does it do for agency workers?
The Fair Work Agency (FWA) launched on 7 April 2026. It now enforces the National Minimum Wage and employment agency standards. It replaced several separate enforcement bodies and can investigate hirers, agencies, and umbrella companies.
What should I do if my agency worker rights are being violated?
Start by raising it with your agency or umbrella company and ask for a written response. If that doesn’t solve it, contact ACAS for free guidance. Report employment agency breaches to the FWA. For serious problems like unfair dismissal or discrimination, you can go to an employment tribunal. You usually have 6 months if the problem happened on or after 1 October 2026.
