If you work as an agency worker in the UK, your rights grow over time. Some rights start on day one. Others start after 12 weeks. A few more start after two years. A new enforcement body now protects these rights. It started in April 2026.
This guide goes through each stage. It tells you what you can get. It tells you when you can get it. It tells you who must give it to you. For more on your employment rights, read our guide to employment rights for umbrella workers.
What rights do you get from day one?
Three rights start on your first day. You get the National Living Wage. You can use the same facilities as permanent staff. Your hirer must tell you about any permanent job openings. You do not need to wait for any of these.
National Living Wage
From April 2026, the National Living Wage is £12.71 per hour. If you are 21 or older, your pay cannot be less than this. Your umbrella employer must show this on your payslip. You should also see a list of deductions each pay period. If your net pay looks too low, check it with our umbrella take-home calculator.
Watch out for high deductions. Umbrella margins should be a fixed weekly fee. This is usually between £15 and £25. If the deductions are large and not explained, ask for a full breakdown.
Workplace facilities
You can use the same facilities as permanent employees. This includes canteens and rest areas. It also includes childcare and company transport. If they stop you from using these, tell your agency.
Job vacancy information
Your hirer must tell you about any permanent job openings. You do not have a right to the job. But you have the right to know about it. This is a day-one right. You do not earn it over time.
What changes after 12 weeks?
Equal treatment rights start after 12 weeks in the same role. You need 12 weeks without a break with the same hirer. You get equal pay and the same working conditions. You also get the same holiday as permanent staff. You must join the pension scheme if your hirer offers one.
The 12-week clock resets if you take a break of six weeks or more. It also resets if you move to a very different role. Keep track of your start date. Your umbrella company should have this on file.
Equal pay
After 12 weeks, your basic pay must match a permanent employee in a similar role. This includes overtime rates. It also includes bonuses tied to performance. It does not cover all benefits. But the law protects your basic pay.
Working conditions
Your working hours must match permanent employees. Your rest breaks must match too. Your shift patterns must also match. If permanent staff get an extra break, you get one too. If they work a shorter Friday, you should too.
Holiday pay
Your paid holiday must be equal to permanent staff. For most hirers, this is about 28 days per year. This includes 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 join the hirer’s pension scheme. Your umbrella company handles this for you. Check your payslip to confirm they make the contributions.
What happens after 12 months?
After 12 months in the same role, you may get some extra protections. These are not automatic legal rights in all cases. But many agencies and umbrella companies offer better terms at this point. This can include better notice periods. It can also include more holiday pay. Check your contract for the details.
The 12-month mark is not a formal AWR threshold. It is not like day one or 12 weeks. But your contract protections often get better at this point.
Your agency should give you notice if your assignment ends. There is no fixed legal minimum for notice in all cases. But good practice means they give you time to plan. Ask your agency about their notice policy before you start.
You are also protected from discrimination from day one. This is under the Equality Act 2010. It covers age, gender, race, and disability. It also covers religion and other protected characteristics. Keep a record of any incidents. If you face discrimination, contact ACAS or Citizens Advice.
What are your rights after two years?
After two years of continuous service with the same hirer, the law protects you from unfair dismissal. You may also qualify for statutory redundancy pay. Both rights are the same as those for 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 count. Your umbrella company can help you check your service record.
Unfair dismissal protection
If your assignment ends without a fair reason, you can challenge it. The employer needs a valid legal reason. This can be redundancy, conduct, or capability. If they cannot give a reason, 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 and length of service. It also depends on your weekly pay. Your umbrella company can help you calculate this.
Negotiation position
Two years of service makes your position stronger. You know the role well. The hirer knows your value. This is a good time to ask your agency to review your rate.
Who enforces agency worker rights in 2026?
The Fair Work Agency (FWA) started on 7 April 2026. It is now the main enforcement body for agency worker rights in the UK. The FWA replaced several separate bodies. It now handles NMW underpayment and holiday pay. It also handles compliance with Agency Workers Regulations. It can investigate hirers, agencies, and umbrella companies.
Before April 2026, different bodies handled enforcement. 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 across the whole supply chain. This means hirers, agencies, and umbrella companies can all be checked together.
The FWA expects to get holiday pay enforcement powers from 2027. The FWA started with NMW and agency compliance powers. Holiday pay will follow after secondary legislation is in place. But the message is clear. Enforcement is getting tighter across all three areas.
How JSL affects agency workers
Since 6 April 2026, the JSL rule makes agencies responsible for unpaid PAYE. If their umbrella fails to pay HMRC, the agency must pay the bill. This helps you. Agencies are now more careful about which umbrella companies they work with. They are more likely to insist on accredited umbrellas. They are less likely to push workers into non-compliant arrangements.
If your agency pushes you toward a specific umbrella, ask why. A good agency points you to a what makes an umbrella company compliant because they care about compliance. Under JSL, it is now in their financial interest too. DASA holds FCSA and Professional Passport accreditation. Agencies look for this when they prove 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 does not 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 think is not being met. Ask for a written response. Many issues come from misunderstanding. They are not always deliberate. Get any response in writing.
Step 2: Contact ACAS
ACAS offers free and private guidance on employment disputes. ACAS stands for Advisory, Conciliation and Arbitration Service. They can explain your rights. They can also 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 can investigate. They can also require back-payment of wages owed. The FWA expects to get holiday pay enforcement powers 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. You must go through ACAS early conciliation first.
Keep records throughout. Note the dates and conversations. Also note the amounts. Without records, it is your word against theirs.
Frequently asked questions
What rights does an agency worker have from day one in the UK?
From day one, agency workers get the National Living Wage. This is £12.71 per hour from April 2026. They also get access to the same workplace facilities as permanent employees. And they get information about any permanent job openings at the hirer. These rights apply right away. There is 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, your basic pay must match comparable permanent employees. Your working conditions must match too. Your holiday entitlement must also match. 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) started on 7 April 2026. It is now the main enforcement body for agency worker rights in the UK. It covers National Minimum Wage and Agency Workers Regulations. It also covers employment agency standards. It replaced several separate enforcement bodies. It 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. Ask for a written response. If it is not resolved, contact ACAS for free guidance. You can also report the breach to the Fair Work Agency. For serious violations like unfair dismissal or discrimination, you can make a claim at an employment tribunal. You must do this within three months of the incident.
