Definition
UK legislation that gives agency workers the right to equal treatment on basic working and employment conditions, including pay, after completing a 12-week qualifying period in the same role with the same hirer.
UK Context
The Agency Workers Regulations 2010 remain part of UK law post-Brexit. The Swedish Derogation, which allowed agencies to pay between assignments instead of matching hirer pay, was abolished by the Good Work Plan amendments in April 2020. Enforcement is through employment tribunals. The Recruitment and Employment Confederation provides guidance for agencies on AWR compliance.
Best Practices
- Track qualifying periods accurately for all agency workers to ensure timely compliance
- Establish clear information-sharing processes between the hirer and the agency about pay and conditions
- Provide day-one access to facilities and vacancy information without waiting for requests
- Review agency worker assignments regularly to ensure compliance and identify any anti-avoidance risks
Frequently Asked Questions
When does the 12-week qualifying period start?
The 12-week period begins on the first day the agency worker starts work in an assignment with a hirer. It is measured in calendar weeks, not working days. Certain breaks pause the clock rather than resetting it.
What pay rights do agency workers have after 12 weeks?
After 12 weeks, agency workers are entitled to the same basic pay as a comparable permanent employee of the hirer doing the same or similar work, including basic hourly rate, overtime rates, and shift allowances.
Who is responsible for ensuring AWR compliance?
Responsibility is shared. The temporary work agency is responsible for delivering equal pay to the worker. The hirer must provide the agency with accurate information about comparable permanent employees' pay and conditions.