Chapter 11 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003
If you work through an umbrella company, the umbrella is your legal employer and the rate you were quoted is almost certainly not your wage.
That figure is the assignment rate, and it is what the agency pays the umbrella for your hours. Out of it the umbrella funds employer National Insurance at 15%, the Apprenticeship Levy where its pay bill is large enough, its own margin and any employer pension contribution. What is left is your gross pay, which includes your holiday pay, and only at that point do income tax and employee National Insurance come off.
HMRC's own worked example shows a £25 assignment rate producing a basic rate of pay of £18.89 an hour, with £84.16 of holiday pay on top of it inside a gross figure of £783.09. Those employer costs are real and lawful, but they are costs a directly employed person never sees on a payslip, because their employer pays them out of its own money rather than out of the money the payslip is about. From 6 April 2026, under Chapter 11 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003, a relevant party is jointly and severally liable with the umbrella for PAYE the umbrella should have paid and did not.
That is usually the agency that supplies you, but section 61Z(2)(b) makes the end client a relevant party where the agency is connected with the umbrella or is non-UK resident, and section 61Z(3) reaches the closest UK-resident person in the chain where both the client and the agency are offshore. The umbrella still runs the payroll and still issues your payslip. The document that lets you check all of this before you agree to anything is the Key Information Document, which the agency must give you before you agree terms.
In force 6 April 2026 for the Chapter 11 rules. Educational only. Not tax, legal, financial, payroll or employment advice. Whether a scheme applies to you turns on your own contract and how you are engaged.
The published figures
- Employer (secondary) Class 1 National Insurance rate
- 15%
- Charged to your umbrella on your earnings above the secondary threshold, and funded out of the assignment rate before your gross pay is worked out.
- Secondary threshold
- £5,000 a year
- The point above which employer National Insurance is due. It moved to this level on 6 April 2025, so any umbrella illustration written before that date understates the employer cost coming out of your rate.
- Apprenticeship Levy rate
- 0.5%
- Charged on an employer's annual pay bill, meaning everything it pays that is subject to employer Class 1 National Insurance. Large umbrellas pay it and pass the cost into the same calculation.
- Apprenticeship Levy allowance
- £15,000 a year
- Reduces the levy an employer actually pays. Connected companies share one allowance between them rather than getting one each.
- Apprenticeship Levy pay bill threshold
- £3 million
- An employer pays the levy only if its annual pay bill is above this, or if it is connected to others whose combined pay bill is. A small umbrella may have no levy to pay, so a levy line on its payslip is worth questioning.
- Employment Allowance
- £10,500 a year
- An employer's whole-business reduction in its employer National Insurance bill, claimed against one payroll only, and shared by a group. It is not a per-worker allowance and cannot be set against your assignment separately.
- Holiday accrual for irregular hours and part-year workers
- 12.07%
- Of the hours you actually worked in the pay period, for leave years beginning on or after 1 April 2024. The same percentage is used where rolled-up holiday pay is paid instead of accrued.
- Client response time in the status disagreement process
- 45 calendar days
- From the day the client receives your representations about a Status Determination Statement. Miss it and responsibility for deducting tax and National Insurance, and for paying the Apprenticeship Levy, moves to the client.
What it puts on, or takes off, the payslip
- Assignment rate
- The rate the agency pays your umbrella for your hours. Also called the uplifted rate, the umbrella rate, the day rate or the limited rate. It is the number you were recruited on and it is not your gross pay. It often does not appear on the payslip at all. It belongs on the Key Information Document and on the reconciliation statement, and if you cannot see it on either, ask for it.
- Employer National Insurance
- Your umbrella's own Class 1 liability on your earnings, at 15% above the point where it starts, taken out of the assignment rate before your gross pay exists. A directly employed person never sees this on a payslip. Their employer owes exactly the same amount and simply pays it. Correct here is an amount that tracks your earnings for the period, not a flat percentage of the whole assignment rate.
- Apprenticeship Levy
- 0.5% of the umbrella's pay bill, again funded from the assignment rate. It is an employer tax on the employer's total wage bill, so it has no natural per-worker figure at all. A small umbrella whose pay bill is under £3 million owes none of it and should not be deducting for it. This is the second line no directly employed person will ever find on a payslip.
- Umbrella margin
- The umbrella's fee for processing your pay, usually a fixed amount per pay period rather than a percentage. HMRC is explicit that the margin does not contribute to your tax or National Insurance. It should be one figure, once, and it should match the figure on your Key Information Document. HMRC asks umbrellas to be clear where a low opening margin rises later.
- Gross taxable pay
- What is left of the assignment rate after the employment costs above. This is the figure your tax code is applied to and the figure that appears as gross on the payslip. It is the source of most of the confusion on this page, because the reader is looking at gross pay and thinking of the rate they agreed. Your gross pay must still be at least the minimum wage for every hour you worked.
- Holiday pay, accrued
- Held back by the umbrella and paid to you when you take leave, or worked out over a 52 week reference period. For irregular hours and part-year workers, regulation 15B of the Working Time Regulations 1998 sets the accrual at 12.07% of the hours worked in the period. It is part of your gross pay when it is paid, not an employer cost taken before gross: HMRC's example payslip adds £84.16 of holiday pay to £698.93 of basic pay to reach a gross figure of £783.09, and tax and National Insurance are charged on the whole £783.09. If this is your arrangement, the payslip or the reconciliation statement should show a running balance, and you should be able to say what it is.
- Holiday pay, rolled up
- Paid with every payslip instead of being held back, at 12.07%, and available only for irregular hours and part-year workers, for leave years beginning on or after 1 April 2024. It must be clearly marked as a separate item on each payslip. Rolled up and not itemised is not rolled up at all, it is missing.
- PAYE income tax
- Worked out on your gross pay against your tax code, exactly as for any other employee. This part of an umbrella payslip is ordinary. What is not ordinary is how often the code is wrong, because starting and ending assignments generates starter and leaver events faster than HMRC can issue a settled code.
- Employee National Insurance
- Your own Class 1 contribution, on your gross pay, at the published employee rates. It is a different line from the employer contribution higher up, for a different amount, and the two are not alternatives. Seeing both is correct. Being charged the employer one twice is not.
- Pension and net pay
- The umbrella is your employer for auto-enrolment, so it must enrol you and make the employer contribution, which it funds from the assignment rate in the same way as the other employment costs. Your own contribution comes off gross pay and shows as a deduction. Net pay is the last line, and it should match the amount that reaches your bank to the penny.
What goes wrong
- Taking the assignment rate as your salary
- The single most expensive misreading on this page. You compare an umbrella assignment rate against a permanent salary, or against a rate from an agency that quoted you a PAYE rate instead, and the two are not the same kind of number. Convert before you compare: ask for the minimum gross pay figure on the Key Information Document, which is the assignment rate after the employment costs, and compare that.
- Rolled-up holiday pay that is never named on the payslip
- You are told your rate includes holiday pay, and no line on the payslip says so. The rule for leave years beginning on or after 1 April 2024 is that rolled-up holiday pay must be clearly marked as a separate item on each payslip. If no line names it, you cannot tell whether it was paid, and neither can anyone helping you. The itemisation is the umbrella's obligation for every period, including the ones already paid, so a restated set of payslips is what compliance looks like here.
- Accrued holiday pay that never comes back
- Your holiday pay is held back rather than rolled up, you never get round to booking leave, the assignment ends, and the balance is not paid. Untaken statutory leave must be paid for when you leave a job. Ask for the accrual balance in writing while the assignment is still running, not after it ends, and keep the reconciliation statements that show it building up.
- The margin taken twice
- The margin is deducted once from the assignment rate as an employment cost, and then again as a deduction from gross pay further down the same payslip. It looks like two different lines because the wording differs, often fee in one place and administration charge in the other. Put the reconciliation statement beside the payslip and count how many times the same figure leaves.
- An emergency code running for months across assignments
- Each new assignment can generate another starter record, and a code on a week 1 or month 1 basis treats every period as the first of the year, so no overpayment ever corrects itself. Two or three assignments into a year this is routine and it can run until April. Check the code on the payslip against your HMRC personal tax account rather than waiting for payroll to notice.
- Expenses reimbursed free of tax that do not qualify
- Since 6 April 2016, section 339A of ITEPA 2003 treats each engagement through an employment intermediary as a separate employment for travel and subsistence, so each site you attend is likely to be a permanent workplace and the journey to it ordinary commuting. The relief survives only where the way you provide your services is not subject to supervision, direction or control, or the right of it. An umbrella that pays home-to-site travel free of tax anyway is building a liability in your name. The warning sign is a payslip where part of your pay is reclassified as expenses with no receipts and no business journey.
- No Status Determination Statement where the client is in scope
- If the client is a public authority, or a medium or large private organisation, it must make a status determination and pass on a Status Determination Statement with its reasons. Being put straight onto an umbrella and told the role is inside IR35, with no statement and no reasons, is not a determination. Until the client meets the requirements, the responsibility for deducting tax and National Insurance sits with the client.
What to check on your next payslip
- Regulation 13A of the Conduct Regulations requires the agency to give you a Key Information Document before it obtains your agreement to the terms. It has been required since 6 April 2020. It must name who employs you and who pays you, the rate, the pay intervals, every deduction and fee, holiday entitlement, and a representative example running from gross to net. Where an intermediary pays you it must also show the rate the intermediary receives and explain any difference between the two rates that the disclosed deductions do not account for. Most workers have never been given one, and a copy kept now is the only version that cannot be revised later.
- The Key Information Document and a real payslip describe the same chain, so they reconcile line by line or one of them is wrong. The representative example is the only place you will see the whole chain written down by the party that set it up. Two figures decide everything: the assignment rate at the top and the minimum gross pay at the bottom. If your payslip's gross is below the document's figure, or a deduction appears that the document never mentioned, you have a specific question to ask rather than a feeling that something is off.
- The reconciliation statement, not the payslip, is the document that shows how the assignment rate became your gross pay. HMRC's good-practice guidance asks umbrellas to provide one showing how they got from the assignment rate they received to your gross and net pay. The payslip alone cannot show you that, because the payslip starts at gross. Without the statement the employer costs are invisible and unauditable, and the umbrella is the only party that holds it.
- There are two lawful holiday pay arrangements and the payslip has to say which one you are on. Rolled up means 12.07% paid every period and marked as a separate item, and is only available for irregular hours and part-year workers. Accrued means held back and paid when you take leave. Either way it is part of your gross pay when it is paid, not an employer cost. If you cannot tell which one you are on from the payslip, you cannot tell whether you have been paid.
- Your HMRC personal tax account holds the code HMRC issued, and the payslip holds the code the umbrella applied; an assignment change is when the two come apart. Assignment churn is what breaks tax codes, and a week 1 or month 1 basis will not self-correct. Catching it in month two costs you one phone call. Catching it in March means waiting for a reconciliation after the tax year ends.
- The net pay figure on the payslip and the amount that reached your bank are supposed to be the same number. HMRC's Spotlight 60 names the gap as the plainest sign of a disguised remuneration arrangement: the net pay on the payslip is less than what you received, or the money arrives as two payments from two entities. You have a right to an itemised pay statement giving gross, every deduction and its purpose, and net, under section 8 of the Employment Rights Act 1996. Money outside that statement is the thing to ask about.
- Section 61T of ITEPA 2003 gives you a route to challenge a Status Determination Statement, and the client has 45 calendar days to answer representations you make in writing. The client must either confirm the statement with reasons or withdraw it and issue a new one. If the client does not run the process properly, the deduction of tax and National Insurance and payment of the Apprenticeship Levy transfer to the client, so the deadline is worth dating from the day your representations arrive.
The 3 occupations this reaches, and how
Each line is specific to that trade. Where a scheme depends on how you are engaged rather than on the work itself, the line says so.
- Broadcast Engineer
- Broadcast engineering is booked by the production rather than by the year, so one person can pass through three payrolls in a season, and the registry records that agency and production-payroll contracts for this role often fall inside IR35. That determination is the thing that changes your payslip. Inside, the fee-payer or the umbrella withholds tax and National Insurance before you are paid and you get a payslip with employer costs above the gross line. Outside, on the next production, the same work is invoiced gross by your own company and there is no payslip at all. Compare the Status Determination Statement for each production, not the day rates.
- CAD Technician
- Drawing offices cover workload peaks with agency technicians, and the registry names an agency spell as one of the two routes into a salaried CAD post. The salaried state is the norm for this role, so the employer costs above the gross line apply only while you are actually agency-supplied and stop the day you go permanent. The registry also names the specific casualty of that switch, which is a wrong or emergency tax code carried from the agency payroll into the first salaried payslip, so check the code on the first one rather than the net figure.
- Sound Engineer
- The registry records most sound engineers as freelance across live, studio and post work, with no standard payslip and self-assessment instead, and staff engineers on ordinary PAYE. This mechanic reaches neither of those. It reaches the middle case the registry also names, a touring or broadcast booking routed through an agency and paid by an umbrella, where you receive a payslip for the first time in months and the hourly figure printed on it is visibly lower than the rate you negotiated with the production.
Questions
The agency said £25 an hour. Why is my payslip showing less than £19?
Because £25 is the assignment rate, which is what the agency pays your umbrella, and the umbrella pays employer National Insurance, the Apprenticeship Levy where it applies, its margin and any employer pension contribution out of it first. HMRC's own published example payslip uses exactly these numbers and describes the basic rate of pay as £18.89 an hour, reduced from a £25 assignment rate due to company costs and holiday pay. Your holiday pay is then added back: the example shows £698.93 of basic pay plus £84.16 of holiday pay giving gross pay of £783.09, and you pay tax and National Insurance on that total. The gap is not necessarily an error. It is what an assignment rate means, and it is why the two figures should never be compared with a permanent salary as though they were the same thing.
Is it legal for employer National Insurance to come out of my pay?
The employer contribution is the umbrella's own liability and cannot lawfully be deducted from your gross pay. What happens instead is that it is funded from the assignment rate before your gross pay is calculated, which is a different thing arithmetically and a smaller comfort in practice. The test is where the line sits. Above gross pay, as a cost the assignment rate has to cover, is the ordinary arrangement. Below gross pay, as a deduction from your wages alongside PAYE, is the unlawful one, and section 8 of the Employment Rights Act 1996 entitles you to a statement that shows which of the two you are looking at.
Can the umbrella charge a margin, and how much should it be?
Yes. The margin is the umbrella's fee for processing your pay and HMRC treats it as a normal part of the arrangement. Two things about it are checkable rather than a matter of opinion: the margin should match what the Key Information Document said, and HMRC expects umbrellas to be transparent where a small opening margin is an inducement that increases later or where there are extra charges for things like copies of payslips. HMRC also notes that the margin does not contribute anything to your tax or National Insurance.
What is a Key Information Document and who has to give me one?
It is a document the employment business must give you before it obtains your agreement to the terms, required by regulation 13A of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 since 6 April 2020. It names who employs you and who pays you, the rate, how often you are paid, every deduction and fee, your holiday entitlement, and a representative example taking a gross figure down to a net one. Where an umbrella or other intermediary pays you, it must also give the rate that intermediary receives and explain any difference between the two rates that the listed deductions do not explain. It is the single most useful piece of paper in this arrangement and most workers have never seen theirs.
What changed on 6 April 2026?
Section 24 of the Finance Act 2026 inserted a new Chapter 11 into Part 2 of the Income Tax (Earnings and Pensions) Act 2003, with effect for payments made on or after 6 April 2026. It makes a relevant party jointly and severally liable for PAYE that the umbrella should have paid and did not. Section 61Z decides who that is, and HMRC's shorthand of "the agency, or the client if there is no agency" is a simplification of it. The agency that supplies you is the relevant party in the ordinary case. The client is the relevant party where it contracts with the umbrella directly, and also, under section 61Z(2)(b), where the agency is connected with the umbrella or is non-UK resident. Section 61Z(3) covers the offshore chain: where both the client and the agency are non-UK resident but a UK-resident person sits somewhere in the series of contracts, the UK-resident person closest to the client is the relevant party. HMRC can now recover an underpayment from whichever of those it is. Your payslip does not change shape: the umbrella remains your employer, still runs the payroll and still issues the payslip. What changed is who carries the risk when it goes wrong, which is why agencies became far more interested in which umbrella you are on.
What is rolled-up holiday pay and how do I know I am getting it?
Rolled-up holiday pay means your holiday pay is added to every payslip at 12.07% rather than held back until you take leave. It was reinstated for irregular hours workers and part-year workers for leave years beginning on or after 1 April 2024, by regulation 16A of the Working Time Regulations 1998 as inserted by the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023. You know you are getting it because it is clearly marked as a separate item on each payslip. That itemisation is the requirement, not a courtesy, and an unmarked rate that you were told includes holiday pay does not meet it.
I never took my holiday. Do I lose the money?
Not your statutory leave. Payment in lieu of statutory holiday is only allowed when you leave a job, and at that point gov.uk is direct about it: employers must pay for untaken statutory leave, even where someone is dismissed for gross misconduct. HMRC's good-practice guidance for umbrellas also asks them to have leaver processes that promptly pay accrued holiday pay, which matters because umbrella turnover is high. Ask for your accrual balance in writing before the assignment ends, and keep the reconciliation statements.
Who decides whether I am inside IR35, and can I argue with it?
Where the client is a public authority or a medium or large private organisation, the client decides, under Chapter 10 of Part 2 of ITEPA 2003, and must produce a Status Determination Statement giving the determination and the reasons for it. You can argue with it. Section 61T creates a client-led disagreement process: you make representations, and the client has 45 calendar days from receiving them either to confirm the statement with reasons or to withdraw it and issue a new one. If the client does not comply with the minimum requirements of that process, responsibility for deducting tax and National Insurance and for paying the Apprenticeship Levy transfers to the client.
I paid tax through my own company and HMRC says the fee-payer owes it too. Is it taxed twice?
There is a set-off. The Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2024 let HMRC set off tax already paid by the worker and their intermediary on income from an off-payroll engagement against a later PAYE liability of the deemed employer on the same income. It applies from 6 April 2024, to deemed direct payments made on or after 6 April 2017 for public authority engagements and on or after 6 April 2021 for medium and large private sector ones. The set-off reduces the deemed employer's bill. It does not give you or your company a repayment claim for the same tax.
My take-home is much higher than other people on the same rate. Should I be worried?
Yes, and there is a list you can check. HMRC's Spotlight 60 warns agency workers and contractors about umbrella arrangements that pay part of your money as something described as a loan, salary advance, grant, annuity or other non-taxable payment. The signs it names are concrete: the net pay on your payslip is less than the amount in your bank, money arrives as two payments from two entities, or part of your pay never appears on the payslip at all. HMRC also publishes a current list of named tax avoidance schemes, promoters, enablers and suppliers. Check the list yourself. HMRC is clear that it is not a complete list of every scheme being marketed, and that an arrangement missing from it is not thereby approved.
Sources
Every figure on this page was read from the document beside it, on the date shown. Where a figure could not be confirmed from a primary source it is not published, and the module behind this page records what is missing.
- Finance Act 2026, section 24 (Umbrella companies)In force for payments made on or after 6 April 2026
- HMRC, PAYE rules for labour supply chains that include umbrella companies from 6 April 2026Last updated 19 June 2026
- Income Tax (Earnings and Pensions) Act 2003, section 61Z (relevant parties)Inserted by Finance Act 2026 s 24, in force 6 April 2026
- HMRC Employment Status Manual ESM2405, umbrella companies legislation: Chapter 11 ITEPA 2003Read 27 September 2026
- The Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 13AInserted 6 April 2020 by S.I. 2019/725
- Providing a Key information document for agency workers: guidance for employment businessesRead 27 September 2026
- HMRC, Working through an umbrella companyRead 27 September 2026
- HMRC, Check your payslip is correct if you work through an umbrella companyRead 27 September 2026
- HMRC, Examples of good practice for umbrella companies in the temporary labour marketRead 27 September 2026
- HMRC, Rates and thresholds for employers 2026 to 20272026/27 tax year
- HMRC, Pay Apprenticeship LevyRead 27 September 2026
- Claim Employment Allowance: eligibility2026/27 tax year
- Holiday pay and entitlement reforms from 1 January 2024Leave years beginning on or after 1 April 2024
- The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, regulation 3Inserts regulations 15B to 15F and 16A into the Working Time Regulations 1998
- Holiday entitlement: taking holiday before leaving a jobRead 27 September 2026
- HMRC, Understanding off-payroll working (IR35)Read 27 September 2026
- HMRC Employment Status Manual ESM10015, client-led status disagreement processRead 27 September 2026
- The Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/355)Set-off applies from 6 April 2024
- HMRC Employment Status Manual ESM10037, setting off tax and NICs already paidRead 27 September 2026
- HMRC, travel and subsistence expenses for workers engaged through employment intermediaries from 6 April 2016Section 339A of ITEPA 2003, in force from 6 April 2016
- HMRC Spotlight 60, warning for agency workers and contractors employed by umbrella companiesUpdated 15 April 2026
- HMRC, current list of named tax avoidance schemes, promoters, enablers and suppliersUpdated 24 September 2026
- Employment Rights Act 1996, section 8 (itemised pay statement)As amended 6 April 2019 by S.I. 2018/147 and S.I. 2018/529
Not sure whether any of this is on your payslip? Check your payslip free, or read the other statutory schemes that change what a UK payslip looks like.