When HMRC introduces joint and several liability for umbrella company tax failures in April 2026, many organisations will discover they have a significant blind spot. Nobody is actually accountable for their extended workforce. This isn’t just a tax issue, though that’s how it’s being presented. It’s a strategic workforce governance problem that’s been hiding in plain sight for years, and HR leaders are uniquely positioned to fix it.
The Risk Nobody’s Managing
From April 2026, if an umbrella company fails to pay the correct PAYE tax and National Insurance Contributions, HMRC can pursue your organisation for the full amount. Not just a portion. Not a penalty. The entire unpaid tax bill, plus interest and potential penalties. Whether you’re the recruitment agency in the supply chain or the end client using the workers, you’re now on the hook.
Before we go further, let’s be clear about scope. Your extended workforce includes contractors, consultants, temporary workers, freelancers, interim specialists, and agency workers. Not all of these are engaged through umbrella companies – consultants often work through their own firms, freelancers may be genuinely self-employed. But if your organisation uses umbrella companies for any part of your extended workforce – typically contractors, temporary workers, and interim specialists – this legislation creates direct financial liability for you. More importantly, it exposes a much wider governance gap affecting your entire extended workforce.
The shift in risk here is fundamental. Previously, if an umbrella company didn’t meet its tax obligations, that was between the umbrella and HMRC. Now? Your organisation becomes jointly and severally liable. In practical terms, HMRC can choose to pursue your business first, before even attempting to recover from the non-compliant umbrella company. There’s no “reasonable steps” defence. No safe harbour. The liability is absolute.
For organisations with significant extended workforces, this exposure could run into millions of pounds. Here’s the uncomfortable truth, though: in most organisations, nobody has their eye on this particular ball.
The Ownership Gap
I see the same pattern repeatedly in my work with organisations across multiple sectors. Extended workforce management falls between the cracks of traditional business functions. Procurement manages supplier relationships and contracts. Finance processes invoices. HR focuses on permanent employees. And the extended workforce? It somehow becomes everybody’s responsibility, which means it’s nobody’s responsibility.
This fragmentation creates risk. Real, measurable risk. When contractors, consultants, and temporary workers are engaged through umbrellas, who in your organisation can answer these questions:
- Which umbrella companies are currently in your supply chain?
- How many workers are engaged through each one?
- What due diligence has been conducted on these umbrellas?
- Who is responsible for monitoring ongoing compliance?
- When was the last time someone verified that PAYE is being paid correctly?
If these questions are met with silence, blank looks, or a vague gesture towards “Procurement,” your organisation is exposed. And you’ve got less than six months to fix it.
Why This Is HR’s Opportunity
The umbrella company reforms aren’t just creating a compliance headache. They’re creating an opportunity for HR to step into a strategic space that desperately needs ownership. I genuinely believe HR is the right function to lead this charge, and here’s why.
You understand people strategy. Extended workers aren’t just suppliers or cost centres – they’re part of your workforce strategy. HR already thinks about talent holistically, and this is simply extending that lens beyond permanent employees.
You bridge multiple stakeholders. Effective extended workforce governance requires collaboration between HR, Procurement, Finance, and Legal. HR leaders are already skilled at navigating these cross-functional relationships. You do this every day.
You care about duty of care. While this legislation focuses on tax compliance, the underlying issue is broader: how organisations treat all their workers. HR’s values-driven approach to workforce management is exactly what’s needed here.
You’re positioned to see the bigger picture. While others focus on transactional elements – contracts, invoices, payment terms – HR can see the strategic opportunity in getting extended workforce management right.
The Wider Strategic Context
The extended workforce represents a significant and growing component of how organisations get work done. In some sectors, extended workers now comprise up to 50% of the total workforce, and that proportion continues to rise. Yet this substantial population often operates in a governance vacuum.
The umbrella legislation is just the beginning. The Employment Rights Bill will bring umbrella companies under regulatory oversight from 2027. IR35 has already shifted off-payroll working responsibilities to end clients. The direction of travel is clear: organisations will increasingly be held accountable for their entire workforce, not just those on the permanent payroll.
Organisations that treat this as purely a compliance exercise will miss the strategic opportunity. I’ve seen this happen. They tick the boxes, maybe switch to accredited umbrellas, and think they’re done. Those that get extended workforce governance right, though? They don’t just mitigate risk. They build competitive advantage. They access talent more efficiently. They make better workforce planning decisions. They understand their true workforce costs and capabilities.
What HR Needs to Do Now
With April 2026 approaching fast, HR leaders should take these immediate steps:
Start the conversation. Schedule a meeting with Legal, Finance, and Procurement. Put umbrella company reform on the agenda. Ask the difficult questions about who currently owns extended workforce governance. Don’t wait for someone else to raise this.
Map the current state. Understand how your organisation currently engages external workers. Which routes to market exist? Where are umbrella companies being used? Who makes decisions about which umbrellas to use? You might be surprised by what you find.
Identify the gaps. Where is accountability unclear? What due diligence processes exist? Are they fit for purpose under the new liability regime? Be honest about the answers.
Flag this to the C-Suite. Frame this as a strategic workforce issue, not just a compliance matter. The extended workforce is part of your talent strategy, and the new legislation means it requires proper governance. Your board needs to understand the financial exposure.
Consider accreditation. Organisations will need to work only with compliant umbrella companies. Look at accreditation bodies like FCSA and SafeRec as a baseline for due diligence. This isn’t a guarantee, but it’s a starting point.
Think beyond April 2026. This is the start of a longer journey toward proper extended workforce governance. What does strategic management of all your workforce look like? Start sketching that vision now.
The Hidden Workforce No Longer
For too long, the extended workforce has been the hidden workforce. Managed through ad hoc arrangements and siloed processes, never quite getting the strategic attention it deserves. The umbrella company reforms are forcing this into the light. While the immediate driver is tax compliance, the underlying need is for proper strategic governance of how organisations engage, manage, and take responsibility for all their workers.
HR leaders who recognise this opportunity won’t just protect their organisations from financial risk. They’ll position their function as the strategic owner of total workforce management. That’s a conversation worth having at board level, and one that elevates HR’s role in the business.
The gap exists. The risk is real. The opportunity is yours. It’s time for HR to step forward, flag the gaps, and shine a light on this critical area. Your C-Suite needs to hear from you before April 2026 arrives, because once that deadline hits, the organisations that haven’t sorted this out will be learning some very expensive lessons.
