Fair Work Agency

The Fair Work Agency launched on 7 April 2026, bringing the Employment Agency Standards Inspectorate and the Gangmasters and Labour Abuse Authority under one roof and taking strategic ownership of NMW enforcement. NMW, agency-worker rules, gangmaster licensing and modern slavery employment standards fall within its remit; holiday pay and statutory sick pay enforcement are planned for later, once new teams and systems are in place^gov.uk.

• Notice of underpayment requiring back pay at the current rate.
• 200% penalty of the arrears, capped at £20,000 per worker.
• Naming-and-shaming referral to the DBT.
• Criminal prosecution for the most serious cases (rare; reserved for fraud).

1. Gather evidence. Collect payslips, written hours records, contract, accommodation/uniform deductions.
2. Run the diagnostic. Use the am-I-being-underpaid calculator to confirm effective rate vs band floor and compute 6-year arrears.
3. Submit the FWA complaint. File the complaint via gov.uk/pay-and-work-rights. Anonymous reporting is supported.
4. Wait for the response window. Initial assessment within 28 days; investigation timelines vary by complexity.

Eventually. The FWA now sets NMW enforcement strategy, but during the 2026/27 transitional year HMRC's NMW compliance team continues day-to-day enforcement under the FWA's direction; full operational transfer is expected from April 2027. Tax and NI enforcement stays with HMRC permanently, and PAYE / RTI returns still feed the NMW data pipeline.