
Holiday pay enforcement is quietly turning into a bigger compliance issue for UK recruitment and staffing agencies. The Government is currently consulting on how holiday-pay rights could be enforced in future. If your agency places large numbers of temporary or agency workers, it’s worth understanding this before the consultation closes on 22 September 2026.
What is the Holiday Pay Enforcement Consultation?
At the moment, if the holiday pay owed to a worker is not paid, the main option available is an Employment Tribunal claim. There’s no dedicated body actively going out and checking whether employers are getting it right — it’s largely reactive.
The Government’s “Make Work Pay: Holiday Pay Compliance and Enforcement” consultation, published on GOV.UK, is looking at changing that. It sets out a proposed role for the Fair Work Agency (FWA) — a new body being set up to take on enforcement of certain employment rights — with holiday pay compliance to be actively checked and enforced.
Why does this matter? The FWA would actively oversee holiday pay for the first time, rather than leaving workers to make individual claims. This matters even more for recruitment and staffing businesses with large, changing workforces.
Worth saying clearly up front: everything here is a proposal at this stage. None of it is confirmed law, and the final approach could well look different once the consultation has run its course.
Why Should Recruitment and Staffing Agencies Pay Attention?
Agencies and staffing businesses tend to sit in a slightly different position to a typical employer, and a few things make holiday pay particularly relevant to you:
- Workforces are often large and constantly shifting, with workers moving between assignments
- A lot of workers are on irregular hours, which changes how their holiday pay gets calculated
- Payroll has to apply holiday pay consistently across many workers at once, not just a small team
- Records need to cover holiday entitlement, holiday actually taken, and how the pay was worked out for each person
Not every agency has the same set-up or obligations. It depends on how your business operates and the workers you place. If you calculate holiday pay inconsistently, stronger enforcement could highlight these issues.
What Could Change for Holiday Pay Enforcement from 2027?
The consultation proposes that FWA enforcement of holiday pay could start from 2027 — though that’s a proposed timeline, not a locked-in date.
Under the proposed approach, the FWA’s role would be part support, part enforcement. The FWA would support employers by raising awareness and providing guidance on holiday pay requirements. If compliance issues arise, the proposals would allow the FWA to investigate claims, carry out workplace checks and take enforcement action where necessary.
One feature worth noting is the proposed “whole employer” approach. The FWA could review holiday pay across an entire business, rather than handling individual complaints. The consultation also proposes a possible civil penalty framework, broadly similar in shape to existing minimum wage enforcement. However, the consultation is still considering the actual details of any penalties, so nothing has been settled yet.
Again — all proposed. The final enforcement approach, the timing, and any penalty structure will depend on what comes out of the consultation.
What Should Agencies Review Now?
You don’t need to wait for the consultation to wrap up before taking a practical look at your own processes. Worth reviewing:
- How holiday pay is currently calculated across your different types of workers
- Whether payroll applies holiday pay the same way across the board, rather than varying by team or system
- Whether worker records are accurate and up to date
- Whether holiday entitlement and holiday pay records are being properly kept
- Whether any past payroll or holiday-pay issues are worth a second look
- Whether you’re keeping up with the latest guidance on holiday pay
This is exactly the kind of thing the team at Magnum Accountancy helps agencies with — going through payroll processes and holiday pay calculations to make sure they’ll hold up, whichever way the enforcement landscape ends up moving.
What is the Consultation Deadline?
The consultation closes at 11:59pm on 22 September 2026. If your recruitment or staffing business has views on the proposed enforcement approach, you can read through the consultation and submit a response via GOV.UK before then.
If you run a UK recruitment or staffing agency and want to review your payroll and holiday-pay processes, speak to Magnum Accountancy.
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