Agency Worker Regulations Guide 2026

The Agency Worker Regulations (AWR) 2010 were introduced in the UK in 2011 to ensure fair treatment for temporary workers supplied by recruitment agencies. Under the Regulations, agency workers have certain rights from the start of an assignment and may become entitled to further rights after 12 weeks of working in the same role for the same hirer.

It is important for employers engaging agency workers to ensure they are providing workers with all applicable statutory entitlements, whether arising under the AWR 2010 or other employment legislation, to reduce the risk of disputes and legal claims.

In this guide, we set out the key workplace rights of agency workers and what this means for employers.

The Employment Rights Bill, if enacted, may affect the existing framework for agency workers, including how predictable working patterns and shift practices are regulated. As proposals can change during the Parliamentary process and may require secondary legislation, employers should stay alert to developments and update practices when new requirements are confirmed in law.

What is an agency worker?

Agency workers include those who are:

• Contracted with an agency (such as ‘temp agencies’) but working temporarily for a hirer.
• Looking for work using modelling and entertainment agencies

Individuals who use an agency to find permanent or fixed-term employment are not considered agency workers.

Day one agency worker rights

Agency workers, subject to meeting the qualifying criteria, are entitled to a range of workplace rights from the start of an assignment.

Some rights apply to agency workers because they are classed as “workers” under general UK employment law, including rights under the National Minimum Wage Act 1998 and the Working Time Regulations 1998. In practice, this means agency workers will typically be entitled to:

• national minimum wage or national living wage
• statutory holiday entitlement – 5.6 weeks’ paid holiday a year
• maximum working time – 48 average hours a week (unless opted out of by the worker)
• health and safety protections

In addition, the Agency Worker Regulations provide two specific “day one” rights for agency workers from the first day of an assignment:

• the right to be informed about relevant vacancies with the hirer and to have the same access to vacancy information as comparable workers, subject to any genuine eligibility restrictions that would also apply to direct recruits, for example where a vacancy is restricted to a defined redundancy selection pool
• the right to access collective on-site facilities and amenities, such as a canteen, childcare facilities and transport services, on the same basis as comparable workers, unless the hirer can show objective grounds for different treatment

Agency Worker Regulations 2010

In addition to the general worker rights and day one entitlements outlined above, agency workers may also acquire further rights under the Agency Worker Regulations 2010 once they have completed the relevant qualifying period.

After a 12-week qualifying period, the Regulations give temporary agency workers the right to equal treatment in respect of the same basic working and employment conditions they would have been entitled to had they been recruited directly by the hirer to do the same job. These rights apply in the following areas:

• pay, including commission, individual performance bonuses, holiday pay, overtime and shift work payments
• duration of working time
• night work
• rest periods
• rest breaks
• annual leave
• paid time off for antenatal appointments

The Regulations derive from the EU Temporary Agency Workers Directive 2008, which establishes the principle that agency workers should receive equal treatment in relation to pay and basic working conditions. However, the UK secured a 12-week qualifying period before equal treatment rights apply, following agreement between UK social partners prior to implementation. As a result, equal treatment rights under the AWR do not generally apply from day one, except in relation to access to collective facilities and information on vacancies.

Importantly, the Regulations do not alter an agency worker’s employment status. An agency worker does not automatically become an employee of either the agency or the hirer by virtue of the Regulations. Employment status will depend on the contractual arrangements and the reality of the working relationship.

While in some EU member states equal treatment applies from the first day of an assignment, in the UK an agency worker must usually complete the 12-week qualifying period in the same role with the same hirer before becoming entitled to equal treatment in pay and basic working conditions, subject to the specific rules on pauses and breaks in service set out elsewhere in the Regulations.

Who is an agency worker for the purpose of the Regulations?

The Agency Worker Regulations do not apply to all individuals who obtain work through an agency. In particular, they do not apply to individuals who use an agency solely to find a permanent or fixed-term role with a client, even where that introduction leads to an offer of employment.

For the purposes of the Regulations, an agency worker is defined as an individual:

• who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer
• who has a contract of employment with the agency, or any other contract with the agency to perform work or services personally

Workers who are genuinely in business on their own account, and therefore genuinely self-employed, fall outside the scope of the Regulations. In practice, this will depend on the reality of the working relationship rather than how it is labelled in contractual documentation.

The Regulations also exclude workers supplied under a managed service contract, where the supplier rather than the hirer manages or directs the workforce, such as in an outsourced IT or catering arrangement. However, these exclusions are applied strictly. Individuals may still fall within scope where, in reality, the hirer supervises or directs their work, or where the worker is supplied by a different agency into the managed service provider. Employers should therefore take care not to rely solely on contractual labels when assessing whether the Regulations apply.

What is a ‘temporary work agency’ for the purposes of the Regulations?

For the purposes of the Agency Worker Regulations 2010, the term used is “temporary work agency” rather than “employment agency” or “employment business”, which are terms used in other areas of employment legislation.

A temporary work agency includes the organisation that supplies the worker to the hirer and may also include any intermediaries involved in the supply chain. This can extend to umbrella companies, master vendors and neutral vendors where they are involved in supplying the agency worker to the hirer. The broad definition is intended to prevent avoidance of responsibility by using layered contractual arrangements.

This definition is particularly important when considering liability under the Regulations. Where more than one intermediary is involved in the supply of an agency worker, responsibility for ensuring compliance with equal treatment rights may rest with more than one organisation. In practice, this means agencies and intermediaries must ensure that appropriate information is obtained from the hirer and that the worker’s terms reflect their statutory entitlements.

Employers using agency workers should be aware that the involvement of umbrella companies or other intermediaries does not remove the need for cooperation between the hirer and the agency. Clear information-sharing arrangements are essential to ensure that the correct pay and working conditions are applied once the qualifying period is met.

When does an agency worker qualify for equal treatment?

An agency worker becomes entitled to equal treatment under the Agency Worker Regulations once they have completed 12 weeks in the same role with the same hirer. This applies regardless of whether the worker is engaged on a full-time or part-time basis and regardless of how many agencies have supplied the worker to the hirer during that period.

The 12-week qualifying period does not need to be continuous. Time worked in the same role with the same hirer can be accrued over a longer overall period, provided the assignment has not ended in a way that resets the qualifying clock.

A new qualifying period will only begin where:

• the agency worker starts a new assignment with the same hirer that is substantively different, meaning that the role itself has changed in a meaningful way rather than simply a change of job title, and the agency worker has been informed of this change, or
• there is a break of more than six weeks between assignments in the same role with the same hirer

In certain circumstances, the qualifying period will be paused rather than reset. This includes where the agency worker takes:

• a break of six weeks or less
• certified sickness absence of up to 28 weeks
• statutory or contractual maternity, adoption or paternity leave
• time off for public duties, including jury service, of up to 28 weeks

Where an agency worker takes a break related to pregnancy or childbirth, including maternity leave or a pregnancy-related absence for up to 26 weeks following childbirth, the worker will be treated as if they had continued working for the purposes of the qualifying period. In these circumstances, the qualifying clock neither pauses nor resets.

As a result, agencies will need to establish whether a worker has previously worked for the same hirer in the same role. Hirers should maintain records of agency workers and their roles to support agencies in accurately calculating qualifying periods and ensuring compliance once equal treatment rights arise.

What does equal treatment mean?

Once an agency worker has completed the 12-week qualifying period, they are entitled to the same basic working and employment conditions as if they had been recruited directly by the hirer to do the same job, or to perform broadly similar work. In practice, this usually involves comparing the agency worker’s terms with those of a comparable employee or worker engaged by the hirer.

Equal treatment covers pay and certain core working conditions, including duration of working time, night work, rest periods, rest breaks and annual leave. For these purposes, “pay” is defined broadly and includes any sums payable in connection with employment, whether payable under a contract or otherwise. This can include holiday pay, shift allowances, unsocial hours premia, overtime rates, vouchers with a fixed monetary value that are not provided through salary sacrifice arrangements, and bonuses that are directly attributable to the quantity or quality of work performed.

Where a direct “flesh and blood” comparator exists, such as a directly recruited worker performing the same role alongside the agency worker, this comparator can be used to establish parity. Where no such comparator exists, a hypothetical comparator may be used, drawing on pay scales, standard terms and conditions, collective agreements or starting rates that would have applied had the agency worker been recruited directly.

The Regulations do not change the employment status of agency workers. As a result, agency workers do not automatically acquire rights that are reserved for employees, such as protection from unfair dismissal, statutory redundancy pay or occupational maternity pay. Agency workers who are employees of the agency itself will, however, continue to benefit from any employee rights that arise from that employment relationship.

Agency workers are also not entitled, by virtue of equal treatment, to benefits that reflect a long-term employment relationship. These typically include occupational sick pay schemes, company pension arrangements, share option schemes, loans, enhanced expense arrangements, health or life insurance, and bonuses linked to overall organisational performance.

The Regulations are designed to address situations where agency workers are paid less or receive less favourable basic working conditions than comparable workers engaged directly by the hirer. They do not require hirers to reduce the pay of agency workers who are already paid at a higher rate than comparable direct recruits, nor do they require hirers to increase the pay of directly employed staff to match that of agency workers.

Day one agency worker rights

There are two specific rights to which agency workers are entitled from the first day of an assignment under the Agency Worker Regulations.

First, hirers must ensure that agency workers are informed about relevant vacancies within the organisation. Hirers are not required to notify agency workers individually of each vacancy, but they must ensure that agency workers have the same access to vacancy information as comparable workers. This may include displaying vacancies in a communal area, publishing them on an intranet or using another method that is equally accessible. Where vacancies are genuinely restricted to a defined group, such as employees at risk of redundancy, agency workers may be excluded only where they would also be excluded if they were directly recruited by the hirer.

Second, agency workers are entitled to access collective on-site facilities and amenities from day one of an assignment. These may include childcare facilities, canteens, car parking and transport services. Access must be provided on the same basis as for comparable workers unless the hirer can show objective grounds for different treatment. For example, where a facility is subject to a waiting list or limited capacity, agency workers can be required to meet the same eligibility criteria as directly recruited workers.

Certain benefits are outside the scope of these day one rights. Amenities such as subsidised gym membership, season ticket loans or other benefits linked to a long-term employment relationship are not required to be provided to agency workers. Responsibility for compliance with day one rights rests solely with the hirer.

Who is liable for establishing equal treatment?

The Regulations require a qualifying agency worker to be treated, so far as basic working and employment conditions are concerned, as if they had been recruited directly by the hirer to do the same job. In practical terms, this means that equal treatment must be established by reference to the terms and conditions that apply to a comparable worker or employee engaged by the hirer in the same role or in broadly similar work.

In some workplaces, a direct “flesh and blood” comparator will be identifiable. For example, on a production line an agency worker may be performing the same work alongside a directly recruited worker, and the directly recruited worker’s pay and core working conditions can be used as the benchmark. In other cases, there may be no identifiable individual comparator. In those circumstances, equal treatment can still be established by reference to the terms that would have applied if the agency worker had been recruited directly, drawing on pay scales, starting rates, company handbooks, collective agreements and other documented terms and conditions.

Responsibility for compliance depends on which entitlement is in question. The hirer is solely liable for any breach of the Day One rights, namely access to collective facilities and amenities and access to information on vacancies.

In relation to equal treatment rights after the 12-week qualifying period, the temporary work agency will typically be responsible for ensuring that the agency worker’s basic working and employment conditions reflect those of a comparable direct recruit. However, where there are intermediaries in the supply chain, liability may extend to other parties depending on their role in supplying the worker and determining terms.

A temporary work agency may have a defence where it can show that it took reasonable steps to obtain accurate information from the hirer, or from other intermediaries, and acted reasonably in determining and applying the agency worker’s terms. In the event of a complaint, an employment tribunal will consider where responsibility for any breach lies and can apportion liability accordingly between the parties. The tribunal can also apportion any financial compensation based on the extent to which each party contributed to the breach.

The agency, the hirer and any intermediaries are expected to cooperate to ensure agency workers receive their rights. Agencies can support compliance by requesting relevant information at the outset of an assignment and again where it becomes clear that an assignment is likely to extend beyond 12 weeks. Hirers can support compliance by ensuring agencies have clear and accurate information on pay scales, working patterns, holiday entitlement and any other relevant terms for comparable roles.

If an agency worker believes they have not received the equal treatment they are entitled to, they can make a written request for information. Where the request is made to the temporary work agency, the agency must respond within 30 days.

Pregnant agency workers

Pregnant agency workers benefit from specific protections under the Agency Worker Regulations and wider equality and health and safety legislation.

Once an agency worker has completed the 12-week qualifying period, she will be entitled to paid time off to attend pregnancy-related medical appointments and antenatal classes, as part of her right to equal treatment. Evidence of appointments, such as an appointment card, may be requested, except for the first appointment.

If an agency worker is engaged under a contract of employment with the agency, she may also have rights under the Employment Rights Act 1996 that apply from day one, including the right to take unpaid time off to attend antenatal appointments, without needing to complete the 12-week qualifying period. The distinction between paid and unpaid time off will depend on the worker’s employment status and whether equal treatment rights have been triggered.

Where an assignment is terminated on pregnancy-related health and safety grounds, the temporary work agency is required to seek suitable alternative work for the worker on terms that are not substantially less favourable than the previous assignment. If no suitable alternative work can be found, and the worker has not unreasonably refused an alternative assignment, the agency may be required to pay the worker for the remainder of the original assignment.

Agencies and hirers should take care to ensure that assignments are not terminated solely because a worker is pregnant. Doing so would amount to direct sex discrimination under the Equality Act 2010. Compensation for direct sex discrimination is uncapped, and liability may arise regardless of length of service.

When an agency worker informs the hirer that she is pregnant, the hirer should carry out a pregnancy-specific health and safety risk assessment in line with the Management of Health and Safety at Work Regulations 1999, as it would for a directly employed worker. This assessment should identify any risks and any reasonable adjustments required to allow the agency worker to continue safely in the assignment.

Since 1 October 2014, partners of expectant mothers, including spouses, civil partners and individuals in a qualifying relationship, have had the right to take unpaid time off to accompany the expectant mother to antenatal appointments. This right also applies to intended parents in a surrogacy arrangement or applicants for a parental order. For agency workers, this right applies once the 12-week qualifying period has been completed, unless the worker is employed by the agency, in which case the right may apply from day one.

Anti-avoidance measures

The Agency Worker Regulations contain specific anti-avoidance provisions designed to prevent agencies and hirers from structuring assignments in a way that deliberately deprives agency workers of their right to equal treatment after the 12-week qualifying period.

These provisions apply where an agency worker can show that the most likely explanation for the structure or pattern of assignments is to prevent the worker from completing the qualifying period. Examples of arrangements that may trigger the anti-avoidance rules include:

• supplying an agency worker to connected hirers in a sequence designed to interrupt the qualifying period
• rotating agency workers between similar roles or assignments where the work is substantively the same
• repeatedly terminating and recommencing assignments shortly before the 12-week qualifying period would be reached

Where an employment tribunal finds that the Regulations have been deliberately avoided, it may award compensation to the agency worker. This compensation is in addition to any award made for loss arising from the failure to provide equal treatment and is intended to act as a deterrent against avoidance practices.

The anti-avoidance provisions focus on the reality of the working arrangements rather than their contractual form. As a result, simply changing job titles, altering contractual wording or introducing artificial breaks in assignments will not prevent a tribunal from finding that the qualifying period should be treated as having been completed.

Employers and agencies should therefore ensure that assignment structures are driven by genuine business needs rather than by attempts to avoid statutory obligations. Clear records of assignments, role changes and the reasons for any breaks in service will assist in demonstrating compliance if a challenge arises.

In addition, the Agency Workers (Amendment) Regulations 2019 removed the so-called “pay between assignments” or “Swedish derogation” provisions with effect from 6 April 2020. As a result, agency workers can no longer be excluded from pay parity after the 12-week qualifying period on the basis that they are paid between assignments. All qualifying agency workers are now entitled to equal pay once the qualifying period is met.

Penalties for breaching the Agency Worker Regulations

Where an agency worker has suffered loss as a result of a breach of the Agency Worker Regulations, they may bring a claim in the employment tribunal. A claim may be brought against the temporary work agency, the hirer or any relevant intermediary, depending on where responsibility for the breach lies.

If a breach is established, the tribunal may make an award of compensation that it considers just and equitable in all the circumstances. Compensation will usually reflect the financial loss suffered by the agency worker as a result of the breach, for example unpaid wages or holiday pay. However, the Regulations provide that any award of compensation must be not less than two weeks’ pay.

In assessing compensation, the tribunal will consider the extent to which each party contributed to the breach and may apportion liability accordingly. This means that agencies and hirers may each be required to bear some or all of the financial responsibility, depending on their respective roles and the steps they took to comply with the Regulations.

Given the potential for financial awards, as well as the management time and reputational impact of tribunal proceedings, employers and agencies should work collaboratively to ensure that agency workers receive their correct entitlements once the qualifying period is reached. Clear contractual arrangements, accurate information-sharing and regular reviews of assignments can help reduce the risk of non-compliance.

Agency worker rights under the Employment Rights Act

In addition to rights arising under the Agency Worker Regulations 2010, agency workers may also benefit from wider statutory protections under general employment legislation, including the Employment Rights Act 1996 and related legislation. The extent of these rights will depend on the individual’s employment status and the terms of their contractual arrangements with the agency.

Separately, the UK Government has announced proposals, commonly referred to as the Employment Rights Bill, which are intended to introduce reforms affecting working patterns, predictability of work and protections for individuals in non-standard working arrangements, including agency workers. At the time of writing, these proposals have not yet been enacted and do not amend the Agency Worker Regulations. Their final form, scope and commencement dates remain subject to the Parliamentary process and the introduction of supporting regulations and guidance.

The stated policy aim of the proposed reforms is to address issues such as job security and unpredictable working hours, by introducing new baseline protections that would apply from the start of an engagement. How these proposals will interact with the existing AWR framework, including the 12-week qualifying period, is not yet clear and will depend on the detail of any legislation that is ultimately passed.

Proposals that have been outlined in policy announcements and consultations include the following.

Guaranteed hours contracts

Under current proposals, agency workers may gain a right to request a contract that reflects their average working hours over a defined reference period, which has been suggested as 12 weeks. The intention behind this proposal is to reduce reliance on zero-hours arrangements and to provide greater predictability of income and working time. Whether this right would apply automatically, or only following a qualifying period or request process, will depend on the final legislative framework.

Reasonable notice for shifts

Proposals have also been made to require agencies and, potentially, end hirers to provide agency workers with reasonable notice of work shifts. What constitutes “reasonable notice” has not yet been defined and is likely to be set out in secondary legislation or guidance if the proposals are taken forward.

Compensation for shift changes

Linked to the proposed notice requirements, there are proposals to introduce a right to compensation where shifts are cancelled, curtailed or changed without reasonable notice. Current policy statements suggest that temporary work agencies may be primarily responsible for paying compensation, with the ability to recover costs from hirers in certain circumstances. This remains subject to legislative detail.

Joint liability

Some proposals indicate that agencies and end hirers may share joint responsibility for compliance with new requirements relating to shift notice and compensation. The precise scope of any joint liability regime, including how liability would be apportioned, has not yet been confirmed.

Collective agreements

It has also been suggested that certain rights, such as those relating to guaranteed hours or shift notice, could be modified or excluded through collective agreements with recognised trade unions, provided alternative arrangements are agreed and reflected in contracts. The extent to which this would apply to agency workers is not yet settled.

The timing of any new rights remains uncertain. While policy announcements have suggested that reforms could be introduced during the current Parliament, there are no confirmed commencement dates. Employers and agencies should therefore treat these proposals as indicative rather than definitive and should monitor developments closely, particularly where future workforce planning relies heavily on agency labour.

Need assistance?

DavidsonMorris can assist employers and staffing agencies with queries relating to agency worker entitlements under the current Agency Worker Regulations framework, as well as with preparing for potential future reforms that may affect the engagement of agency workers.

In anticipation of possible legislative change, employers and agencies may wish to review existing contractual arrangements, information-sharing processes and workforce management practices. This may include assessing how qualifying periods are tracked, ensuring access to collective facilities and vacancy information is handled consistently, and considering how shift allocation and cancellation practices could be adapted if new predictability requirements are introduced.

For tailored advice on compliance with agency worker obligations or wider employment law issues, speak to our experts.

Agency Worker Regulations FAQs

What rights are agency workers entitled to?

Agency workers are entitled to a range of statutory rights from the start of an assignment, including rights that apply to workers generally, such as national minimum wage, paid holiday and working time protections. In addition, the Agency Worker Regulations provide specific day one rights to access collective facilities and information about vacancies, as well as the right to equal treatment in pay and basic working conditions after 12 weeks in the same role with the same hirer.

Do agency staff have rights?

Yes. Agency workers have legal rights from the outset of an assignment. These include general worker rights under employment legislation and additional protections under the Agency Worker Regulations, depending on length of service and the nature of the assignment.

What are agency workers entitled to after 12 weeks?

After completing the 12-week qualifying period in the same role with the same hirer, agency workers are entitled to equal treatment with comparable directly recruited workers in relation to pay and certain core working conditions. This includes pay rates, working time, rest breaks and annual leave, but does not extend to benefits linked to long-term employment such as occupational pensions or company-wide bonus schemes.

Glossary

Conclusion

The Agency Worker Regulations 2010 remain a key part of the UK employment law framework governing the use of temporary agency labour. For employers and staffing agencies, compliance requires a clear understanding of the distinction between general worker rights, AWR day one rights and the equal treatment rights that arise after the 12-week qualifying period.

In practice, risk most often arises where qualifying periods are not properly tracked, where comparator information is incomplete or inaccurate, or where assignment structures are designed without sufficient regard to the anti-avoidance provisions. Hirers and agencies must work together, sharing accurate and timely information, to ensure that agency workers receive the pay and basic working conditions to which they are entitled once equal treatment applies.

Although proposals for wider reform, including those often referred to as the Employment Rights Bill, may lead to changes in how predictable working patterns and shift practices are regulated in the future, these proposals are not yet law. Employers should therefore continue to comply with the current AWR framework while monitoring legislative developments and preparing to adapt practices if and when new requirements are introduced.

A proactive compliance approach, supported by clear contractual arrangements, robust record-keeping and regular reviews of agency engagements, will help reduce legal exposure and support fair and lawful treatment of agency workers.

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