Definition
UK legislation that gives agency workers the right to the same basic working conditions as directly employed workers after a qualifying period of 12 weeks in the same role with the same hirer. The regulations cover pay, working time, and access to facilities.
UK Context
The regulations implement the EU Temporary Agency Workers Directive into UK law. After 12 continuous weeks in the same role, agency workers are entitled to equal treatment regarding pay (including overtime, bonuses, and holiday), working hours, and rest breaks. From day one, agency workers have the right to access communal facilities and information about job vacancies.
Best Practices
- Track the qualifying period carefully for all agency workers and plan for equal treatment from week 12
- Ensure agency workers have access to staff canteens, transport, childcare facilities, and job vacancy information from day one
- Communicate with recruitment agencies about comparable pay and conditions to ensure compliance
Frequently Asked Questions
What rights do agency workers have from day one?
From day one, agency workers have the right to access communal facilities such as canteens and car parks, the right to be informed about job vacancies, and protection from suffering a detriment for asserting their rights under the regulations.
How is the 12-week qualifying period calculated?
The 12-week period is calculated based on calendar weeks in the same role with the same hirer. It is not reset by breaks of up to six weeks, sickness absence up to 28 weeks, or certain other absences. It is reset if the worker starts a substantially different role with the same hirer.