Why will this affect the worker and not the employer?
Agencies are paid by companies that ask them to find employees for them, and these fees are often paid to an umbrella company that will then pass that money onto the worker for the period of time they are with the company. Unless the recruitment agency’s client is providing the additional amount of money to cover the rise in NICs, that money is most likely going to come out of the wage that the agency is sending to the worker. This means you will have less money in your pocket, even though this NICs change was not supposed to affect employees. The difference in the pay could be considerable. For example: Someone starts a job in March 2025 with an assignment rate of £18 an hour. If they work 37.5 hours a week, this translates into gross pay for them of £519.37. The employment costs are £132.81. In April 2025, the assignment rate is still £18 an hour. But the employment costs are now £145.32 due to the increased employer NIC rate. This means the person’s gross pay will be £506.77. Source: LITRG You may think that if you have a contract with the agency, you have a specific rate of pay. But in many of these contracts your rate of pay can be changed, providing you are being paid the minimum wage.What can I do about this?
If you’re getting less money because of this increase in NICs, then you could ask your umbrella company to renegotiate the overall rate with your agency and/or end client, so the increase in NICs is paid by the company you work for, not you. You may not be able to do this, but it is worth asking. If not, then you should look at the guidance created by HMRC with input from the LITRG. This outlines how umbrella companies can positively contribute to the temporary labour market. These actions are split into two sections – operating reasonably and providing a good service. The headings for these actions include:- Umbrella companies should be run by fit and proper people.
- Umbrella companies should be financially viable.
- Umbrella companies must follow the statutory requirements that apply to all employers.
- Umbrella companies must accurately operate the payroll for their employees.
- Umbrella companies should compete based on lawful practices.
- Umbrella companies should be clear, open and honest with the information they provide their employees.
- Umbrella companies should provide employee care.
- Umbrella companies should provide recruitment agencies with the information they need to meet their legal obligations.
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