Temp Work Is Booming. New Rules Are Coming.
Last month we mentioned that some employers were reportedly considering agency labour as a way of keeping their flexibility outside the coming guaranteed-hours rules. It turns out that route is less of a way round than it looked. Under the Employment Rights Act 2025, qualifying agency workers will need to be offered guaranteed hours reflecting what they regularly work over a reference period, expected to be 12 weeks, along with reasonable notice of shifts and compensation for short-notice cancellations. By default the end hirer makes the offer, and the pay offered can be no worse than current agency terms. The reforms are due in 2027, the government's consultation closed on 25 August, and its response is still awaited.
On 7 and 8 September, the industry's main temporary-labour bodies, including the REC, APSCo, the FCSA, the Association of Labour Providers, TEAM, Professional Passport and the TRN, jointly wrote to government asking it to pause applying the rules to agency workers. Their argument is that agency work is largely chosen for its flexibility and is fundamentally different from the one-sided zero-hours arrangements the policy was designed to tackle. The timing is what gives the row its edge. Temporary work is currently the healthiest part of the market, and the REC has described it as complementing permanent hiring rather than replacing it. Adding cost or uncertainty to temporary supply now means adding it to the one engine that's actually running.
Contractor supply chains already have a newer rule to digest. Since 6 April, joint and several liability for umbrella companies has made the agency closest to the client liable for any PAYE and National Insurance an umbrella fails to pay, with no due-diligence defence, and where there's no agency involved, the end client carries that liability instead. HMRC expects the measure to protect around £715 million in 2026–27, which gives a fair indication of how much it thought was going missing. Agencies are trimming their umbrella supplier lists in response, and for contract engineering labour, the payroll route a welder or fitter is paid through has become a much more common question in tender conversations. For businesses relying on flexible or hourly staffing, how a supplier pays its workers is now as worth checking as who it supplies.
Put the month's research side by side and a pattern emerges. The market is improving in exactly the places where good people are hardest to find: engineering vacancies, specialist starting salaries and temporary billings. Those are also exactly the places where the rules are being rewritten, from who can be sponsored after 31 December to how agency workers' hours will work and who is liable when a contractor's tax goes unpaid. The next ONS figures arrive on 20 October and the Budget eight days later, so by November we should know whether half a point was the start of something or simply a rounding error with good timing. Until then, the businesses most likely to benefit are the ones that have worked out what they need before the rules, or a competitor, decide for them.
See you next month.