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How an umbrella company works

An umbrella company is a business often used by recruitment agencies to pay temporary workers.

In most cases, the umbrella company employs you and pays your wages through PAYE. It does not find temporary work for you. The recruitment agency (also known as an employment business) does this.

The umbrella company is your employer and will pay you. The work you carry out will be for one of the recruitment agency’s clients. This work is often on a short-term basis.

What happens after you contact a new recruitment agency

The first time you contact a recruitment agency, the steps to set up temporary work and employ you begin. The process may involve:

• a client — the business that needs temporary workers
  
• a recruitment agency — that finds temporary workers for a client
  
• an umbrella company — your employer for temporary work from that recruitment agency
  
• you (the worker) — who contacts the agency about temporary work
  

Each plays a role in the supply chain and has a contract for the temporary work. They each have different responsibilities. The supply chain often works in the following way.

The client needs temporary workers

The client is the business that needs temporary workers. It sets up a contract with a recruitment agency to find and engage temporary workers.

The recruitment agency searches for workers

The agency either:

• finds a suitable candidate from its contacts
• advertises the role, stating the pay rate (weekly, daily, or hourly)

You may not get paid the advertised pay rate. This is because it usually includes the umbrella company’s operating costs.

Some clients may assess whether the off-payroll working rules apply to the role. These rules apply where workers contract though their own limited company, or an intermediary. The check employment status for tax tool can help assess this.

If the client decides that off-payroll working rules would apply to the role, the job advert may describe it as being ‘inside IR35’. This may mean that, either:

• you are deemed to be an employee
• the client (or recruitment agency) asks you to be employed through an umbrella company

You become an umbrella company employee

Before the recruitment agency can offer you a temporary role (assignment), they may ask you to be employed by one of their preferred umbrella companies. You may be able to choose your own.

The agency must give you a key information document. This should include:

• the umbrella company for all temporary work from this agency
• the minimum assignment rate paid to the umbrella company (this is sometimes known as the uplifted rate, umbrella rate, day rate, or hourly rate)
• what the umbrella company will deduct
• your minimum gross pay

The recruitment agency agrees terms with the umbrella company

The agency sets up a contract with the umbrella company. This outlines that the umbrella company is responsible for:

• employing you and paying your wages, in line with the key information document
• invoicing the agency for the time you’ve worked

The recruitment agency discusses the role with you

For each new temporary role, the recruitment agency must give you new assignment details. These will confirm:

• who you’re working for
• your job title
• what you’re going to do
• the notice period to end the assignment
• where you’ll work
• any health and safety issues (for example, if you need personal protective equipment)

Your employment rights

As an employee of an umbrella company, you have the same employment rights as other employees.

You have a right to a written employment contract. The guide to employment contracts on the Acas (Advisory, Conciliation and Arbitration Service) website explains:

• how employment contracts work
• what must be written in them

You have the right to be paid at least the National Minimum Wage or National Living Wage:

• on time
• in full
• at the intervals agreed in the key information document

Your employer must automatically enrol you into a workplace pension scheme, if you’re eligible. The deductions for this should appear on your payslip.

Holiday entitlement

You are entitled to paid holidays. There are 2 ways to calculate holiday pay.

Your umbrella company may pay you ‘rolled up holiday pay’. This is where an additional amount is included in every pay slip to cover holiday pay.

Alternatively, your umbrella company may use a ‘52 week reference period’ to calculate your holiday pay, which is paid to you when you take leave.

Check your holiday entitlement and how your holiday pay is paid to you with your umbrella company.

How you get paid

1. You send your timesheet to the recruitment agency.

2. The recruitment agency charges the client.

3. The recruitment agency pays the umbrella company the agreed rate. This should be the assignment rate, multiplied by the time you have worked.

4. The umbrella company pays you as your employer.

Some umbrella companies may choose to pay the National Minimum Wage rate for all hours worked, then make up your full rate with an additional payment, like a bonus. You must still pay tax on this additional payment. Your payslip must show this and all the hours you’ve worked.

Understanding how your gross pay is calculated

You have a right to a payslip that shows your pay.

You may also get a reconciliation statement (also known as a pay statement) from the umbrella company. This shows you how your gross pay is worked out from the assignment rate.

How an umbrella company works out your gross pay from the assignment rate

The recruitment agency pays the umbrella company the assignment rate, then the umbrella company makes several deductions to work out your gross pay.

The reconciliation statement shows the breakdown of deductions. You should normally see the following deductions on the statement:

• umbrella company operating costs (sometimes called ‘margin’)
• employer National Insurance contribution
• employer workplace pension contribution
• holiday pay
• Apprenticeship Levy (if applicable)

Your gross pay is the amount after these deductions have been taken off.

If you do not understand the deductions, or if you are not given a breakdown of them, you should speak to your umbrella company.

Checking your payslip

Your umbrella company will deduct the following from your gross pay:

• Income Tax
• employee National Insurance contributions
• employee workplace pension contributions
• student loan repayments (if applicable)
• other deductions that you have agreed to or are legally required to pay

Your pay after these deductions is your net pay (also known as take-home pay).

The National Insurance and pension contributions taken off your gross pay should always be employee contributions, not employer.

If you have issues with your pay, speak to your umbrella company first to try to sort out the problem.

Check your payslip if you work through an umbrella company, to see what a payslip should look like.

Work out pay from an umbrella company

You can use our tool to work out gross and net pay from an umbrella company, if you’re a worker or employment business.

If your pay is not what you expected

If you’ve been promised higher pay by your umbrella company

You are responsible for paying the correct amount of tax and National Insurance, even if you’re employed.

Many umbrella companies follow the tax rules. Some do not. Some of these umbrella companies promote tax avoidance. This involves bending the rules of the tax system to pay less tax.

What to look out for

Your umbrella company could be involving you in a tax avoidance scheme, if you get:

• a separate payment which you are told is not taxable, like a loan
• paid more money than is shown on your payslip
• a payment from someone other than your umbrella company, which has not been taxed
• asked to sign another agreement in addition to your employment contract

Read tax avoidance arrangements used by some umbrella companies.

If you’re concerned you may be involved in tax avoidance

If the umbrella company makes you an offer that sounds too good to be true:

• take time to consider it
• ask for full details

Read personal stories from those who have been caught up in tax avoidance schemes.

You can use our tool to check if you may be involved in a tax avoidance scheme. This will tell you how to:

• report the umbrella company
• get help to sort out your tax

You can contact HMRC for help to get out of a tax avoidance scheme and put your tax affairs right.

Ways to protect yourself

Make sure you have access to your payslips. Review them when you get them and keep copies for reference.

Look for signs that your umbrella company might be operating fraudulently. This can have an impact on you.

Signs of fraudulent activity, like mini-umbrella company fraud, can include frequent changes to your umbrella company that you have not asked for. You may be able to spot this if your umbrella company’s name, or its PAYE reference number is on your payslips and they often change.

Frequent changes in employer can affect your:

• employment history
• ability to secure loans, like a mortgage

You should check that the umbrella company is correctly paying your:

• Income Tax
• National Insurance contributions
• pension contributions
• any student loan repayment

Check that the deduction amounts on your payslip match the amounts shown in your:

• personal tax account
• student loan repayment account
• pension accounts

You can check your personal tax account online or download the HMRC app.

If an umbrella company says they are accredited or approved by another organisation, check with the accrediting body to make sure.

You can read about examples of good practice for umbrella companies in the temporary labour market.

Get help with your pay and rights

You should discuss your pay and employment rights with your umbrella company first.

If you still have concerns after this, you can contact:

• Acas, using their website
• Citizens Advice, using their website
• your trade union representative

Report concerns

You can report tax fraud and avoidance to HMRC online, or call the HMRC fraud hotline.

You can complain about pay and work rights if you have concerns about:

• an employment agency
• working time limits
• National Minimum Wage
• minimum wage when working in farming or agriculture