AWR Explained: Agency Worker Rights UK

The Agency Workers Regulations 2010, commonly referred to as AWR, were introduced to ensure fair treatment for individuals supplied by recruitment agencies to work temporarily for hirers. The Regulations came into force in the UK in October 2011 and form a key part of the legal framework governing the use of agency labour.

AWR creates a two-tier system of rights. Certain protections apply from the first day of an assignment, while additional rights to equal treatment apply once an agency worker has completed a 12-week qualifying period in the same role with the same hirer. These rules apply regardless of whether the agency worker is supplied on a full-time or part-time basis and are designed to prevent agency workers being used as a lower-cost alternative to directly recruited staff.

For employers and end hirers, AWR compliance is not optional. Failure to provide agency workers with their statutory entitlements can expose both hirers and agencies to employment tribunal claims, financial compensation and reputational risk. Correctly identifying who falls within scope of the Regulations, tracking qualifying periods and ensuring accurate information is shared across the supply chain are therefore critical.

What this article is about: this guide explains how AWR operates in practice, who the Regulations apply to, what rights agency workers have from day one, how the 12-week qualifying period works, and what equal treatment means in legal terms. It also considers enforcement, liability and how recent legislative developments under the Employment Rights Act 2025 are expected to interact with the existing AWR framework.

Section A: What is AWR and who does it apply to?

AWR is shorthand for the Agency Workers Regulations 2010, which implement the principle that temporary agency workers should not be treated less favourably than comparable directly recruited workers once they have completed a qualifying period. The Regulations apply across Great Britain and remain in force despite the UK’s departure from the EU.

The purpose of AWR is not to change the employment status of agency workers or to convert them into employees of the hirer. Instead, the Regulations focus on ensuring fair treatment in relation to basic working and employment conditions, particularly pay and working time, where an agency worker is effectively performing the same role as a directly recruited worker.

Whether AWR applies depends on the nature of the working relationship rather than job titles or contractual labels. The Regulations define an agency worker as an individual who is supplied by a temporary work agency to work temporarily under the supervision and direction of a hirer, and who has a contract with the agency to perform work or services personally.

Individuals who use an agency to find permanent or fixed-term employment with a client are not agency workers for AWR purposes. Similarly, workers who are genuinely self-employed and operating a business on their own account fall outside scope. Managed service arrangements are also excluded where the supplier, rather than the hirer, retains responsibility for supervising and directing staff, although this exclusion will not apply if, in practice, control rests with the hirer. In-house temporary staffing banks are also outside the scope of AWR.

The Regulations use the term “temporary work agency” in a broad sense. This can include not only the recruitment agency that supplies the worker but also intermediaries in the supply chain, such as umbrella companies or master and neutral vendors. Understanding where responsibility lies within that supply chain is essential, as liability under AWR depends on the nature of the breach, the role each party plays, and the information available to each party.

1. Section A summary

AWR applies where individuals are supplied by an agency to work temporarily under a hirer’s supervision. Correct classification at the outset is fundamental, as misidentifying agency workers, managed service arrangements, or in-house staffing banks is one of the most common sources of AWR non-compliance.

Section B: AWR rights from the start of an assignment

A common area of confusion for employers is what rights apply to agency workers at the start of an assignment and, critically, which of those rights arise specifically under AWR as opposed to wider employment legislation. The distinction matters, because different parties in the supply chain can be responsible for compliance depending on the source of the right.

From the outset, agency workers will usually have a number of statutory protections simply by virtue of performing work in the UK. These rights do not arise from AWR itself, but from general employment law and apply irrespective of the length of the assignment or whether the 12-week qualifying period has been met.

Agency workers will typically be entitled to be paid at least the National Minimum Wage or National Living Wage, to receive paid annual leave of 5.6 weeks per year under the Working Time Regulations, and to benefit from limits on weekly working time, including the 48-hour average weekly limit unless a valid opt-out is in place. They are also entitled to health and safety protections, including the provision of a safe working environment and appropriate risk assessments. In addition, agency workers are protected from unlawful discrimination under the Equality Act 2010. These rights will generally arise depending on whether the individual is engaged as a worker or employee for employment law purposes, rather than by virtue of AWR itself.

These baseline protections apply from the start of the working relationship, but they should not be confused with the specific “day one rights” created by AWR. The Regulations confer two distinct rights that apply from the first day of an assignment with a hirer, regardless of how long the assignment is expected to last.

The first AWR day one right is the right for agency workers to be informed of relevant vacancies with the hirer. Hirers are not required to notify agency workers individually of every vacancy, but they must ensure that agency workers have the same access to vacancy information as comparable directly recruited staff. In practice, this is often achieved by displaying vacancies on an internal noticeboard or intranet, provided agency workers can access that information. Vacancies that are genuinely restricted to employees at risk of redundancy do not need to be advertised to agency workers.

The second AWR day one right is access to collective on-site facilities and amenities provided by the hirer. This can include facilities such as canteens, childcare facilities, transport services and car parking. Agency workers must be allowed access on the same basis as comparable workers unless there are objective grounds for refusal. Objective justification may exist, for example, where a facility is oversubscribed and access is allocated according to fair and transparent criteria that apply equally to all workers. Benefits that reflect a long-term employment relationship, such as subsidised gym memberships, season ticket loans or private health schemes, are outside the scope of AWR day one rights.

Responsibility for compliance with AWR day one rights rests solely with the hirer. While agencies may assist by providing information or guidance, any failure to grant access to collective facilities or to provide information about vacancies will be a breach attributable to the hirer.

1. Section B summary

Agency workers benefit from a range of statutory protections from the start of an assignment, but AWR itself creates only two specific day one rights: access to information about vacancies and access to collective facilities. Employers should clearly distinguish between general employment law obligations and AWR-specific duties to ensure responsibility for compliance is properly understood.

Section C: The AWR 12-week qualifying period

The central feature of AWR is the right for agency workers to receive equal treatment after completing a 12-week qualifying period. Understanding how this qualifying period is calculated, and when it may be paused, reset or continue to run, is critical for employers and agencies seeking to comply with the Regulations.

An agency worker will qualify for equal treatment once they have completed 12 weeks in the same role with the same hirer. The weeks do not need to be worked consecutively, and the qualifying period applies regardless of the worker’s working pattern. Time worked on a part-time basis counts in the same way as full-time work, and the qualifying period continues to accrue even where the worker is supplied by different agencies to perform the same role for the same hirer.

The qualifying period will only restart if there is a new assignment that is substantively different from the previous role. A mere change in job title will not be sufficient. For a role to be considered substantively different, the nature of the work, duties and responsibilities must be materially different, and the agency worker must be informed in writing that a new role has been assigned. This requires the hirer to provide accurate and timely information to the agency, as failure to do so may result in the qualifying period continuing to run.

A break of more than six weeks between assignments in the same role with the same hirer will also reset the qualifying period. Shorter breaks do not restart the clock and, in many cases, will merely pause it.

The qualifying period will be paused where the agency worker takes a break of six weeks or less, certified sick leave for up to 28 weeks, statutory or contractual maternity, adoption or paternity leave, or time off for public duties such as jury service for up to 28 weeks. During these periods, the qualifying clock is suspended and will resume when the worker returns to the assignment.

In certain circumstances, the qualifying period will continue to run as if the agency worker had remained in the role. This applies where the break is related to pregnancy or childbirth, up to 26 weeks after childbirth, or where the worker is absent on maternity, adoption or paternity leave and the agency worker would have continued in the assignment but for the absence. In these cases, the Regulations treat the worker as continuing in the assignment for the purposes of accruing the 12 weeks’ qualifying service.

It is not necessary for an agency worker to complete the qualifying period through a single agency. Time worked with the same hirer in the same role can be aggregated across multiple agencies, which means agencies must take reasonable steps to establish whether a worker has previously worked for the hirer. Equally, hirers should maintain accurate records of agency workers engaged, the roles performed and the duration of assignments to assist agencies in calculating qualifying periods correctly.

AWR also contains anti-avoidance provisions designed to prevent agencies and hirers from structuring assignments to deliberately deprive agency workers of their equal treatment rights. Practices such as rotating workers between connected hirers, repeatedly terminating and re-engaging workers, or making artificial changes to assignments where the most likely explanation is to avoid the 12-week threshold can result in a tribunal finding that the Regulations have been deliberately circumvented. In such cases, additional compensation may be awarded.

1. Section C summary

The 12-week qualifying period under AWR is flexible and can accrue over time, across agencies and through non-consecutive assignments. Employers must understand when the clock pauses, resets or continues to run, as attempts to avoid the qualifying period can expose both hirers and agencies to legal and financial risk.

Section D: Equal treatment under AWR after 12 weeks

Once an agency worker has completed the 12-week qualifying period in the same role with the same hirer, AWR entitles them to equal treatment in respect of certain basic working and employment conditions. The purpose of this requirement is to ensure that agency workers are not disadvantaged in comparison to directly recruited workers who perform the same or broadly similar work.

Equal treatment means that the agency worker is entitled to the same basic working and employment conditions as they would have received had they been recruited directly by the hirer to carry out the same role. In practice, this requires comparison with a comparable employee or worker of the hirer, often referred to as a comparator. Where a “flesh and blood” comparator exists, such as a directly recruited worker performing the same role on the same site, this individual can be used to establish the appropriate level of pay and working conditions. Where no such comparator exists, reference may be made to relevant pay scales, collective agreements, or standard terms applied by the hirer to directly recruited staff in similar roles.

The areas covered by equal treatment under AWR include pay, the duration of working time, night work, rest periods, rest breaks and annual leave. Pay is defined broadly and includes any sums payable to a worker in connection with their employment, whether under a contract or otherwise. This can include basic pay, overtime rates, shift allowances, unsociable hours premia, holiday pay, commission and bonuses that are directly attributable to the quantity or quality of work performed. Vouchers with a fixed monetary value that are not provided through a salary sacrifice arrangement are also included within the definition of pay.

Certain payments and benefits are expressly excluded from the scope of equal treatment. These include occupational sick pay, occupational pension schemes, share option schemes, loans, expenses, health or life insurance, financial participation schemes and bonuses that are linked to overall company performance rather than individual performance. These benefits are regarded as reflecting a longer-term employment relationship and are therefore not required to be provided to agency workers under AWR.

AWR itself does not alter the employment status of agency workers. The Regulations do not, of themselves, confer employee-only rights such as unfair dismissal protection, statutory redundancy pay or statutory maternity leave. Whether an agency worker has access to those rights will depend on their contractual status, typically whether they are an employee of the agency, and whether they meet the relevant statutory qualifying conditions. AWR should therefore be viewed as a framework for equal treatment in specific areas, rather than a mechanism for converting agency workers into employees of the hirer.

Many employers are concerned that AWR could require them to reduce pay rates for agency workers who are paid more than comparable directly recruited staff, or to increase the pay of existing employees to match higher agency rates. This is not the effect of the Regulations. AWR only operates to improve the position of agency workers where they are treated less favourably than comparable workers. It does not require downward harmonisation of pay or changes to the terms of directly recruited staff.

The so-called “Swedish derogation”, which previously allowed agencies to avoid pay parity by offering pay between assignments contracts, was abolished with effect from 6 April 2020. Since that date, all agency workers who meet the 12-week qualifying period are entitled to equal pay with comparable directly recruited workers, and contractual arrangements designed to disapply this right are no longer lawful.

1. Section D summary

After 12 weeks, AWR requires agency workers to receive equal treatment in key areas such as pay and working time, but it does not extend to employee-only benefits or change employment status. Understanding what is included and excluded from equal treatment is essential to achieving compliance without overextending rights.

Section E: Liability and enforcement under AWR

AWR operates across a supply chain that can involve multiple parties, including the hirer, the temporary work agency and, in some cases, intermediaries such as umbrella companies or master or neutral vendors. As a result, understanding where legal responsibility sits is essential for employers seeking to manage risk and ensure compliance.

Liability under AWR depends on the nature of the right that has been breached. Hirers are solely responsible for compliance with AWR day one rights, namely providing agency workers with access to information about relevant vacancies and access to collective on-site facilities. Any failure to comply with these obligations will be attributable to the hirer, regardless of the role played by the agency or any intermediary.

Responsibility for equal treatment rights after the 12-week qualifying period generally rests with the temporary work agency. Agencies are required to ensure that agency workers receive the correct pay and basic working and employment conditions once the qualifying period has been completed. In practice, agencies rely on accurate and timely information from hirers to determine what equal treatment looks like and how it should be applied.

The Regulations recognise this reliance and provide agencies with a potential defence where a breach has occurred. An agency will not be liable if it can demonstrate that it took reasonable steps to obtain the necessary information from the hirer or any intermediaries, and that it acted reasonably in determining and applying the agency worker’s basic working and employment conditions. Where this defence is made out, liability may instead rest with the hirer or another party in the supply chain.

Agency workers who believe they have not received the equal treatment they are entitled to may make a written request for information to the agency. The agency must respond within 30 days, setting out the relevant terms and conditions that have been applied and explaining the basis on which they were determined. Failure to respond, or the provision of false or misleading information, may be taken into account by an employment tribunal when considering a claim.

Where a breach of AWR is established, an employment tribunal may award compensation to the agency worker. Compensation must be just and equitable in all the circumstances and will normally reflect the financial loss suffered as a result of the breach. However, the Regulations provide that compensation must not be less than two weeks’ pay. There is no statutory upper limit on compensation, and awards may be higher where the tribunal finds that the breach was deliberate or that the anti-avoidance provisions have been engaged.

Effective compliance with AWR requires cooperation between hirers and agencies. Hirers can reduce risk by maintaining accurate records of agency workers engaged, the roles they perform and the terms and conditions that apply to comparable directly recruited staff. Agencies, in turn, should ensure that they ask the right questions at the outset of an assignment and review arrangements as assignments approach or exceed the 12-week qualifying period.

1. Section E summary

Liability under AWR is divided according to the nature of the right in question. Hirers are responsible for day one rights, while agencies are primarily responsible for equal treatment after 12 weeks, subject to a reasonable steps defence. Clear information-sharing and record-keeping are essential to minimise enforcement risk.

Section F: Pregnancy and family rights under AWR

AWR provides specific protections for pregnant agency workers and those with family-related responsibilities, reflecting the heightened risk of disadvantage and discrimination in temporary working arrangements. Employers and agencies must handle these situations carefully, as failures to comply can result not only in breaches of AWR but also in claims under the Equality Act 2010, where compensation is uncapped.

Once an agency worker has completed the 12-week qualifying period in the same role with the same hirer, she is entitled to paid time off to attend pregnancy-related medical appointments and antenatal classes. This entitlement mirrors the position of comparable directly recruited workers and forms part of the equal treatment framework under AWR. Evidence of appointments may be requested, such as an appointment card or confirmation from a medical professional, although this cannot be required for the first appointment.

Where an agency worker’s assignment is terminated on pregnancy-related health and safety grounds, the temporary work agency has a duty to seek suitable alternative work. Any alternative assignment offered must be on terms and conditions that are not substantially less favourable than those of the original assignment. If suitable alternative work cannot be identified, the agency will be required to continue paying the agency worker for the remainder of the original assignment, unless the worker unreasonably refuses an offer of suitable alternative work.

Assignments must not be terminated solely because an agency worker is pregnant. Termination on this basis would amount to direct sex discrimination. To mitigate this risk, hirers should carry out a pregnancy-specific health and safety risk assessment as soon as they are informed that an agency worker is pregnant, in the same way as they would for a directly recruited employee. This assessment will help identify any reasonable adjustments or temporary changes that could allow the worker to continue working safely.

AWR also interacts with wider statutory rights relating to antenatal appointments for partners. Since 1 October 2014, the partner, spouse or civil partner of a pregnant woman, as well as intended parents in a surrogacy arrangement who meet the statutory criteria, have the right to take unpaid time off to accompany the expectant mother to antenatal appointments. This right applies to agency workers once they have completed the 12-week qualifying period for equal treatment. Where an agency worker is engaged under a contract of employment, the right to unpaid time off for antenatal appointments applies from day one without the need to complete the qualifying period.

Where an agency worker is absent due to pregnancy or childbirth, including maternity, adoption or paternity leave, the impact on the AWR qualifying period depends on the circumstances. In cases where the agency worker would have continued in the assignment but for the absence, the qualifying period may continue to run rather than being paused or reset. This ensures that agency workers are not disadvantaged in accruing equal treatment rights because of pregnancy or family-related leave.

1. Section F summary

Pregnancy and family-related circumstances create heightened compliance risks under AWR. Once the qualifying period is met, agency workers are entitled to paid time off for antenatal appointments and enhanced protections where assignments end for pregnancy-related reasons. Employers and agencies must also remain alert to discrimination law, as breaches can result in significant and uncapped compensation.

Section G: AWR and the Employment Rights Act 2025

In addition to the existing AWR framework, employers and agencies must now consider how recent legislative reform is expected to affect the treatment of agency workers. The Employment Rights Act 2025, which received Royal Assent in December 2025, introduces a series of reforms aimed at improving job security and predictability of work for individuals engaged across a range of working arrangements, including agency workers.

AWR remains in force and continues to regulate equal treatment in relation to pay and basic working conditions after the 12-week qualifying period. The Employment Rights Act 2025 does not replace AWR. Instead, it creates enabling powers and new statutory frameworks that are intended to sit alongside the existing Regulations and, in some areas, extend protections beyond the current AWR model.

A number of the provisions affecting agency workers under the Employment Rights Act 2025 are not immediately operative and are subject to commencement through secondary legislation. Detailed regulations and statutory guidance are expected to be introduced on a phased basis between 2025 and 2027. Employers should therefore avoid assuming that all of the measures outlined in the Act are already enforceable.

One of the most significant developments for agency workers is the introduction of a right to request a contract that reflects average working hours. Under the new framework, agency workers will be able to seek a guaranteed hours contract based on the hours worked over a defined reference period, which is expected to be set at 12 weeks. This right is designed to address unpredictability in working patterns and the perceived misuse of zero-hours arrangements. The precise mechanics of how this right will operate in agency contexts will depend on secondary legislation.

The Act also introduces new obligations relating to reasonable notice of work shifts and changes to those shifts. Agencies and end hirers are expected to have responsibilities in relation to the provision of reasonable notice, as well as potential liability where shifts are cancelled, curtailed or varied without sufficient notice. Where compensation becomes payable, the legislation anticipates that agencies may initially be responsible for payment, with the ability to recover costs from hirers where responsibility for the failure lies with them. These provisions are subject to further regulatory detail.

Joint liability is a notable feature of the Employment Rights Act 2025 in this context. Unlike AWR, which allocates responsibility according to the nature of the right breached, the new framework anticipates shared accountability between agencies and hirers for certain scheduling and notice-related obligations. The scope and practical application of joint liability will depend on the final form of implementing regulations.

The Act also permits certain rights, including guaranteed hours and shift notice obligations, to be modified or excluded through collective agreements with recognised trade unions. Any such agreement must provide alternative terms that are incorporated into contracts and offer equivalent protection. This mechanism may be relevant in sectors with established collective bargaining arrangements, but it does not remove the need for careful legal analysis.

At this stage, the interaction between AWR and the Employment Rights Act 2025 remains an evolving area of law. Employers and agencies should monitor developments closely, review contractual arrangements and workforce management practices, and be prepared to adapt as further regulations and guidance are brought into force.

1. Section G summary

AWR continues to govern equal treatment after 12 weeks, while the Employment Rights Act 2025 introduces new, complementary frameworks affecting agency workers, particularly around guaranteed hours and shift predictability. Many of these measures are subject to secondary legislation, and employers should treat this as a developing compliance area rather than settled law.

Agency Worker Regulations FAQs

What does AWR stand for?
AWR stands for the Agency Workers Regulations 2010. The Regulations set out the rights of agency workers in the UK and the obligations placed on agencies and hirers, particularly in relation to equal treatment after a qualifying period.

What rights do agency workers have under AWR?
Under AWR, agency workers have two specific rights from the first day of an assignment: access to information about relevant vacancies with the hirer and access to collective on-site facilities. After completing a 12-week qualifying period in the same role with the same hirer, agency workers are entitled to equal treatment in relation to pay and certain basic working and employment conditions.

What are AWR day one rights?
AWR day one rights are limited to access to collective facilities, such as canteens or childcare facilities, and access to information about vacancies with the hirer. Other rights, such as minimum wage and holiday entitlement, arise under general employment law rather than AWR itself.

What happens after 12 weeks under AWR?
Once the 12-week qualifying period is met, agency workers are entitled to the same basic working and employment conditions as comparable directly recruited workers. This includes equal pay, working time, rest breaks, night work and annual leave, subject to defined exclusions.

Do agency workers become employees after 12 weeks?
No. AWR does not change employment status. Agency workers do not automatically become employees of the hirer after 12 weeks. Employee-only rights depend on the contractual relationship, usually with the agency, and on meeting statutory qualifying conditions.

Conclusion

AWR remains a central component of UK employment law governing the engagement of agency workers. The Regulations are designed to balance flexibility for employers with protections for workers by providing specific rights from the start of an assignment and equal treatment after a qualifying period. For employers and hirers, compliance hinges on accurate worker classification, careful monitoring of qualifying periods and effective information-sharing with agencies.

With further reforms under the Employment Rights Act 2025 expected to be phased in through secondary legislation, AWR compliance should be viewed as part of a wider and evolving legal framework. Employers and agencies that take a proactive approach to reviewing their arrangements, contractual documentation and workforce management practices will be best placed to manage risk and maintain compliant agency staffing models.

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