Rate of record
Fair Work Agency
The FWA is the new single labour-market enforcement body that subsumes HMRC's NMW team, the Employment Agency Standards Inspectorate and the Gangmasters and Labour Abuse Authority. It enforces statutory pay, hours, holiday and modern slavery rules.
What the FWA does
The Fair Work Agency consolidates three previously separate bodies into one. It enforces NMW, holiday pay, statutory sick pay, agency-worker rules, gangmaster licensing and modern slavery employment standardsgov.uk.
Powers it has on NMW
- 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).
How to complain (four steps)
- Gather evidence. Collect payslips, written hours records, contract, accommodation/uniform deductions.
- Run the diagnostic. Use the am-I-being-underpaid calculator to confirm effective rate vs band floor and compute 6-year arrears.
- Submit the FWA complaint. File the complaint via gov.uk/pay-and-work-rights. Anonymous reporting is supported.
- Wait for the response window. Initial assessment within 28 days; investigation timelines vary by complexity.
Does the FWA replace HMRC NMW enforcement?
Yes, for NMW. HMRC's NMW compliance team has transferred to the FWA. Tax and NI enforcement remains with HMRC. PAYE / RTI returns still feed the FWA's NMW data pipeline.
Report this to HMRC or the Fair Work Agency
Underpayment is enforceable. Workers can report anonymously and arrears are recovered at the current rate, not the historic rate.