Answers · UK 2025/26

What rights does an agency worker have after 12 weeks in the same job?

Under the Agency Workers Regulations 2010, once an agency worker completes 12 continuous weeks in the same role with the same hirer, they become entitled to the same basic pay and working conditions (hours, overtime, holiday) as a directly recruited employee doing an equivalent job -- not the full range of employment rights such as redundancy pay or unfair dismissal protection.

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Agency workers in the UK have a distinct, weaker set of rights than employees from day one, but the Agency Workers Regulations 2010 (AWR) give them significant additional protection once they clear a 12-week qualifying period in the same assignment. **Day-one rights (before 12 weeks)** From the first day of an assignment, an agency worker is entitled to access the same collective facilities as directly employed staff (canteen, workplace creche, transport services) and to be informed of any relevant vacancies with the hirer. They do not yet get equal pay or equal basic working conditions. **What changes at 12 weeks** Once an agency worker has worked in the same role, with the same hirer, for 12 continuous calendar weeks (breaks for holiday, sickness or public holidays generally do not restart the clock, and certain short breaks between assignments with the same hirer can count towards the 12 weeks under anti-avoidance rules), they qualify for equal treatment on: basic pay (including bonuses tied directly to performance/output), duration of working time, night work, rest periods and breaks, and annual leave. Basic pay must match what a comparable directly recruited employee would receive for doing the same job at that hirer, including any pay rises the comparable employee would have received. **What is NOT covered even after 12 weeks** AWR equal treatment does not extend to occupational sick pay, occupational pension contributions, redundancy pay, or protection from unfair dismissal -- these remain the preserve of direct employees (or, in limited cases, workers with sufficient qualifying service). Agency workers also do not gain the right to request flexible working or statutory maternity/paternity pay from the hirer (statutory sick pay may still apply via the agency as the employer for tax/NI purposes, depending on status). **Anti-avoidance rules** Hirers cannot deliberately structure assignments (e.g. rotating an agency worker between very slightly different roles, or inserting short artificial breaks) purely to prevent the 12-week qualifying period being reached. Tribunals can disregard such structuring and treat the qualifying period as met regardless. **Worked example** An agency worker is placed in a warehouse picking role at £11.50/hour from week 1. A directly employed picker doing the same job earns £13.20/hour plus a £500 Christmas bonus paid to all warehouse staff. After 12 continuous weeks in the same role, the agency worker's pay must rise to £13.20/hour, and if still employed at the bonus payment date, they should also receive the £500 bonus on the same basis as comparable direct staff -- but if made redundant in week 20, they have no statutory redundancy pay entitlement in the way a direct employee with 2+ years' service would. **How to enforce these rights** An agency worker who believes they are not receiving equal treatment after 12 weeks can request a written statement of relevant pay and conditions from the hirer or agency, and can bring a claim to an Employment Tribunal if this is refused or the information reveals unequal treatment, with compensation potentially including back-pay for the period of non-compliance.