As an agency worker in the UK, your rights build up over time. Some start from day one. Others kick in after 12 weeks. A few more arrive after two years. Since April 2026, a new enforcement body ensures those rights are upheld.
This guide runs through each stage. It covers what you're entitled to, when, and who's responsible for making it happen. For a broader look at your employment protections, see our guide to umbrella contractor rights.
What rights do you get from day one?
From your first day as an agency worker, three rights kick in straight away. You're entitled to the National Living Wage. You can use the same workplace facilities as permanent staff. And your hirer must tell you about any permanent job vacancies. No qualifying period is needed for any of these.
National Living Wage
From April 2026, the National Living Wage is £12.71 per hour. If you're 21 or over, you can't be paid less than this. Your umbrella company must make this clear on your payslip. You should also see a breakdown of deductions on every pay period. If your net pay looks too low, check it with our umbrella pay calculator.
Watch out for excessive deductions. Umbrella margins should be a fixed weekly fee, typically between £15 and £25. If the deductions are large and unexplained, 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 any company transport. If you're being excluded from these, tell your agency.
Job vacancy information
Your hirer must make you aware of any permanent vacancies at the company. You don't have a right to the job. But you do have the right to know it exists. This is a day-one right, not something you earn over time.
What changes after 12 weeks?
After 12 continuous weeks in the same role with the same hirer, equal treatment rights kick in. You're entitled to equal pay and the same working conditions. You also get the same holiday entitlement as permanent staff. And you must be enrolled in any pension scheme your hirer runs.
The 12-week clock resets if there's a break of six weeks or more. It also resets if you move to a materially different role. Keep track of your start date. Your umbrella company should have this 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 doesn't automatically cover all benefits, but basic pay is protected.
Working conditions
Your working hours, rest breaks, and shift patterns must match permanent employees'. If permanent staff get an extra break, so do you. If they work a shorter Friday, so should you.
Holiday pay
Your paid holiday entitlement must be equal to that of permanent staff. For most hirers, that's around 28 days per year, including bank holidays. Part-time workers get this on a pro-rata basis. Your umbrella company holiday pay is either rolled up or held for you to claim. Either way, it must be clear on your payslip.
Pension auto-enrolment
If you meet the earnings threshold, you must be enrolled in the hirer's pension scheme. Your umbrella company handles this on your behalf. Check your payslip to confirm contributions are being made.
What happens after 12 months?
After 12 months in the same role, some additional protections may apply. These aren't automatic legal rights in all cases. But many agencies and umbrella companies offer improved terms at this point. These can include better notice periods or enhanced holiday pay. Check your contract for the specifics.
The 12-month mark isn't a formal AWR threshold like day one or 12 weeks. But it's a point where contractual protections often improve.
Your agency should give you reasonable notice if your assignment is ending. There's no fixed legal minimum for notice in all cases. But good practice means giving you time to plan. Ask your agency what their notice policy is before you start.
You're also protected from workplace discrimination from day one under the Equality Act 2010. This covers age, gender, race, disability, religion, and other protected characteristics. Keep a record of any incidents. If you experience discrimination, contact ACAS or Citizens Advice.
What are your rights after two years?
After two years of continuous service with the same hirer, you're protected from unfair dismissal. You may also qualify for statutory redundancy pay. Both rights are the same as those held by permanent employees. Check your eligibility with your umbrella company before your assignment ends.
The two-year threshold applies to continuous service. Breaks of more than a week or two can affect the calculation. Your umbrella company can help you check your continuous service record.
Unfair dismissal protection
If your assignment ends without a fair reason, you can challenge it. The employer needs a valid legal reason, such as redundancy, conduct, or capability. If they can't 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 calculate this.
Negotiation position
Two years of service strengthens your position. You know the role. The hirer knows your value. It's a reasonable point 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's now the main enforcement body for agency worker rights in the UK. The FWA replaced several separate enforcement bodies. It now handles NMW underpayment, holiday pay, and compliance with Agency Workers Regulations. It can investigate hirers, agencies, and umbrella companies.
Before April 2026, enforcement was split across different bodies. HMRC handled minimum wage underpayment. The Employment Agency Standards Inspectorate (EAS) dealt with agency breaches. These are now merged under the FWA.
The FWA can act on complaints from workers. It can also investigate on its own initiative across the entire supply chain. That means hirers, agencies, and umbrella companies can all be investigated together.
Holiday pay enforcement powers are expected from 2027. The FWA launched with NMW and agency compliance powers. Holiday pay will follow once secondary legislation is in place. But the message is clear: enforcement is tightening across all three areas.
How JSL affects agency workers
Since 6 April 2026, the JSL rule puts agencies on the hook for unpaid PAYE. If their umbrella fails to pay HMRC, the agency faces that bill. This has a knock-on benefit for you. Agencies are now far more careful about which umbrella companies they work with. They're more likely to insist on accredited umbrellas. And they're less likely to pressure workers into non-compliant arrangements.
If your agency pushes you towards a specific umbrella, ask why. A good agency points you toward a compliant umbrella company because they care about compliance. Under JSL, it's now in their financial interest too. DASA holds FCSA and Professional Passport accreditation. That's what agencies look for when proving due diligence.
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 doesn't work, contact ACAS or the Fair Work Agency. You can also make a claim at an employment tribunal. Keep records of any issues from day one.
Step 1: Raise it internally
Talk to your agency or umbrella company. Explain what right you believe isn't being met and ask for a written response. Many issues are down to misunderstanding rather than deliberate non-compliance. Get any response in writing.
Step 2: Contact ACAS
ACAS (Advisory, Conciliation and Arbitration Service) offers free and confidential guidance on employment disputes. They can explain your rights and mediate before a tribunal. Contact them at acas.org.uk or call 0300 123 1100.
Step 3: Report to the Fair Work Agency
Since April 2026, you can report AWR and NMW breaches directly to the FWA. They have powers to investigate and require back-payment of wages owed. For holiday pay enforcement, powers are expected from 2027.
Step 4: Employment tribunal
For serious violations like unfair dismissal, you can make a tribunal claim. You usually have three months from the date of the incident to bring a claim. ACAS early conciliation is required first.
Keep records throughout. Note dates, conversations, and amounts. Without records, it's your word against theirs.
Your rights at a glance
| 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 |
| After 12 months | Improved contractual terms (varies), discrimination protection (Equality Act 2010) |
| After 2 years | Unfair dismissal protection, statutory redundancy pay eligibility |
| April 2026 onwards | FWA as single enforcement body — NMW, agency standards, AWR compliance |
FAQ
What rights does an agency worker have from day one in the UK?
From day one, agency workers are entitled to the National Living Wage (£12.71 per hour from April 2026), access to the same workplace facilities as permanent employees, and information about any permanent job vacancies at the hirer. These rights apply immediately with no qualifying period.
When do equal pay rights start for agency workers?
Equal pay rights start after 12 continuous weeks in the same role with the same hirer. After this point, your basic pay, working conditions, and holiday entitlement must match those of comparable permanent employees. The 12-week clock resets if there is a break of six weeks or more.
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's now the main enforcement body for agency worker rights in the UK, covering National Minimum Wage, Agency Workers Regulations, 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 the issue with your agency or umbrella company and ask for a written response. If unresolved, contact ACAS for free guidance, or report the breach to the Fair Work Agency. For serious violations such as unfair dismissal or discrimination, you can make a claim at an employment tribunal within three months of the incident.
