The Fair Work Agency: What Every SME Leader Needs to Know Now
The Five Things You Need to Fix Before April 2026 – Or Risk Costly Enforcement Action
Imagine an enforcement officer turns up at your door unannounced. No warning. No time to prepare. And no room for error.They want to see your holiday pay records, your sick pay calculations, and your employment contracts. You have 28 days to comply or face a penalty of up to £20,000 per employee.
This isn't a future scenario. The Fair Work Agency (FWA) launches in April 2026, and it has the power to do exactly that.
There is one clear message for SME’s: if you've been putting off getting your people processes in order, your time is running out.
What Is the Fair Work Agency?
The FWA is a new Government enforcement body being established under the Employment Rights Act 2025. Think of it as bringing enforcement under one into a single, powerful organisation.
This isn’t a new rulebook. It’s a new enforcement machine.
Unlike existing complaint-driven systems, the FWA doesn't need a worker to make a complaint before it acts. It can launch inspections and investigations entirely off its own back.
The FWA will cover:
📋 National minimum wage enforcement
💰 Statutory holiday pay
🏥 Statutory sick pay
⚠️ Modern slavery offences
📄 Employment agency regulations
🔍 Record keeping compliance
💸 Financial penalties for unpaid tribunal awards
The Powers You Need to Understand
This isn't just another piece of compliance legislation you can file away and forget. The FWA has real teeth.
🔍 Unannounced inspections
Enforcement officers can enter your business premises, examine documents, and seize electronic devices. They can require anyone on the premises, including your line managers and directors, to produce records or answer questions. No warning required.
💰 Eye-watering financial penalties
If the FWA issues a notice of underpayment, you have 28 days to pay. If you don't, you face a penalty of 200% of the underpaid sum, capped at £20,000 per individual. Pay within 14 days and it reduces to 100%. That's not a typo - £20,000 per person.
⚖️ Tribunal representation
The FWA can bring employment tribunal claims on behalf of workers who aren't able or willing to bring their own. Suddenly, employees who might have previously stayed quiet have a powerful organisation in their corner, at no cost to them.
🚨 Criminal offences for non-compliance
Knowingly producing false documents, intentionally obstructing enforcement action, or failing to comply with an enforcement requirement without reasonable excuse could result in fines and imprisonment of up to 51 weeks. Directors and company officers can be personally liable.
Who Will They Target?
Initially, the FWA will focus on sectors known for high-risk exploitation - hand car washes, nail bars, and industries with high reliance on agency, casual, or migrant labour. A dedicated team will be established in April 2026 to target exactly these sectors.
But don't assume that means you're safe. As the FWA recruits and grows its regional presence, expect the net to widen. Staff can report you. Members of the public can report you. And the FWA can act on tip-offs without needing any formal complaint.
Here's the uncomfortable truth: there are businesses where there are no employment contracts in place, let alone proper records. If you're reading this and thinking "that sounds like us" - this article is for you.
The Three Areas That Will Catch Most SMEs Out
📅 Holiday pay calculations
Holiday pay has always been complicated, and it's currently rarely enforced by the Government. That's about to change. The FWA plans to extend underpayment notices to cover holiday pay. Your calculations need to be right, particularly for irregular and zero-hours workers. If you're not 100% confident in your holiday pay process, get it checked.
🏥 Statutory sick pay from day one
From April 2026, SSP is payable from day one of absence with no qualifying earnings threshold. No waiting days. No lower earnings limit. If you haven't updated your sickness policies and manager briefings to reflect this, you're already behind.
💷 National minimum wage - the hidden traps
Getting people to arrive 15 minutes early to change into uniform before their shift starts? If you're paying national minimum wage and not paying for that time, you're bringing them below it. The FWA will spot this. So will your employees. Review your actual working hours versus paid hours carefully.
Five Actions You Must Take Now
🔍 Audit your records
Could you produce accurate records of holiday entitlements, holiday taken, and sick pay payments at short notice? If the answer is "probably" or "I think so" - that's not good enough. Do a proper audit now, while you have time to fix the gaps. Block time in your diary this week to make it happen.
📋 Check your holiday pay calculations
Get your holiday pay calculations reviewed, particularly if you have part-time, irregular, or zero-hours workers. Use a proper calculator, not a rough estimate. If you're paying casual workers a rolled-up percentage, check that calculation is correct.
💼 Review your contractor arrangements
The FWA may hold you accountable for third-party violations. If you use contractors or agency workers, check that your agreements include compliance requirements around minimum wage and statutory rights. You can't outsource the risk by using a third party.
👔 Train your managers - urgently
Enforcement officers can question anyone on the premises, not just HR or directors. If your line managers don't understand your processes, your legal obligations, or your records, they could inadvertently make things significantly worse during an inspection. Manager training isn't optional anymore. Complete a manager briefing this month.
📄 Get your right to work checks in order
Every employee, from day one, must have a documented right to work check. Make it part of your induction process, store the evidence properly, and set reminders for when permissions expire. This is non-negotiable and there is no excuse for not having it.
The Reality Check
If you're doing everything right, the Fair Work Agency genuinely has nothing to interest them in your business. These laws already exist. The FWA isn't creating new obligations, it's enforcing existing ones.
But here's what I see regularly: businesses that think they're compliant because they've never been challenged. That's not the same thing. The employment practices that have slipped - the holiday pay calculations that were never quite right, the contracts that haven't been updated in five years, the managers who don't really know the sickness process - those are the gaps the FWA will find.
You have time to fix this. But not unlimited time. The FWA could be on your doorstep at any time from April 2026.
Most SME’s don’t think they’re high risk. That’s exactly why they get caught. Need a compliance audit before the Fair Work Agency arrives?
I work with SME leaders to review their people processes, identify risk areas, and put practical fixes in place, without the jargon or the drama. If you'd like to talk through where your business stands, just get in touch.
