Agency Worker Rights UK 2026: The 12-Week AWR Rule Explained
The Agency Workers Regulations 2010 give temps equal pay and conditions after 12 weeks in the same job. Here's how the qualifying period works, what changes, and what doesn't.
What are the Agency Workers Regulations?
The Agency Workers Regulations 2010 (AWR) implement an EU directive designed to stop agency "temps" being paid less than permanent staff doing the same job for the same employer indefinitely. They apply to workers supplied by a temporary work agency to a hirer (the end-user business), under the day-to-day supervision and direction of that hirer.
AWR does not apply to the genuinely self-employed, to agency workers who are employees of the agency itself with a permanent contract and guaranteed pay between assignments (the "Swedish derogation" model, though this route was abolished from April 2020), or to those who find work directly rather than through a temporary work agency.
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Open Take-Home Pay calculatorDay-one rights vs 12-week rights
AWR splits agency worker rights into two tiers.
From day one of the assignment
- Access to collective facilities: staff canteen, workplace crèche, transport services, car parking.
- Access to information about job vacancies at the hirer, on the same basis as directly recruited staff.
After the 12-week qualifying period
- Equal basic pay — the same rate of pay a comparable permanent employee would get for the same role.
- Equal working time — rest breaks, night work limits, and paid annual leave calculated on the same basis.
- Overtime and unsociable hours pay, where these form part of "pay" under the regulations.
How the 12-week qualifying period works
The qualifying period is 12 calendar weeks in the same role, with the same hirer. A calendar week runs Sunday to Saturday (or as otherwise defined by the assignment), and any week in which the worker does at least one hour of work under the assignment counts towards the total — the weeks do not need to be consecutive across different assignments in some circumstances, but a genuine break normally resets things.
What resets or pauses the clock
| Situation | Effect on 12-week clock |
|---|---|
| Break of 6 calendar weeks or less between assignments with the same hirer | Clock keeps running (does not reset) |
| Sickness absence, up to 28 weeks | Clock keeps running |
| Annual leave, maternity/paternity/adoption leave, jury service | Clock keeps running |
| Genuinely different role/location with the same hirer | May restart the clock if substantively different |
| Break longer than 6 weeks with no ongoing assignment | Usually resets the clock |
Employers and agencies cannot deliberately structure short breaks or minor role tweaks purely to avoid the 12-week threshold — this is treated as unlawful avoidance and can be challenged.
What "equal treatment" actually covers
Once qualified, an agency worker is entitled to the same basic terms as if they had been recruited directly by the hirer into the same role, specifically for:
- Basic pay rate (hourly/daily/annual equivalent)
- Overtime rates
- Bonuses directly linked to individual performance for the work done (not company-wide discretionary bonuses)
- Unsocial hours or shift premiums
- Holiday pay, calculated using the same reference method as permanent staff
What is NOT covered by AWR equal treatment
- Occupational pension schemes
- Company sick pay above the statutory minimum
- Redundancy pay
- Non-cash benefits like private health insurance, company car schemes, or childcare vouchers
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Regardless of the 12-week rule, agency workers are entitled to at least the National Minimum Wage or National Living Wage for their age band from the very first hour worked — this is a separate statutory floor, not something AWR grants after 12 weeks.
| Age band (2026/27) | Rate per hour |
|---|---|
| National Living Wage (21+) | £12.71 |
| 18–20 | £10.85 |
| 16–17 / apprentice | £8.00 |
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Open Minimum Wage calculatorEnforcing AWR rights
If a hirer or agency fails to provide equal treatment after 12 weeks, the worker can raise a grievance and, ultimately, bring a claim to an employment tribunal. Remedies include compensation for the difference in pay and conditions, and in some cases an additional award for breach of the regulations. Claims generally need to be brought within three months of the alleged breach (or the last in a series of breaches).
Practical tips for agency workers
- Keep a personal log of start dates, breaks, and any changes of role or location, since the agency's records may not always be accurate.
- Ask the agency in writing to confirm your AWR qualification date once you approach 12 weeks.
- Compare your payslip against what a directly employed colleague in the same role earns — differences in basic pay after week 12 are the clearest sign something is wrong.
Use the take-home pay calculator to check what your net pay should look like once equal-treatment pay kicks in.
Frequently asked questions
What is the 12-week rule for agency workers?
Under the Agency Workers Regulations 2010, an agency worker qualifies for equal treatment on basic pay and working conditions with directly recruited employees once they've completed 12 calendar weeks in the same role with the same hirer.
Do agency workers get equal pay from day one?
No — from day one agency workers only get access to collective facilities (canteen, parking, workplace notices) and information about job vacancies. Equal basic pay and conditions only apply after the 12-week qualifying period.
Can an employer reset the 12-week clock by changing an agency worker's role?
Only if the new assignment is substantively different in terms of duties and location. Cosmetic changes designed purely to reset the clock can be challenged, and 'structures' used to avoid the regulations are unlawful under anti-avoidance provisions.
Does a break in an assignment stop the 12-week clock?
Short breaks of up to 6 calendar weeks generally don't restart the clock (and in cases such as sickness, jury service, or annual leave the clock keeps running). Longer breaks between different assignments with the same hirer can reset qualification.
What counts as equal treatment after 12 weeks?
Basic pay, overtime pay, unsocial hours payments, holiday pay calculation, and other pay elements must match what a comparable directly employed worker would receive. It does not extend to occupational pensions, sick pay, or redundancy pay.
Do agency workers get statutory sick pay?
Yes, if they meet the normal SSP qualifying conditions (average earnings at or above the Lower Earnings Limit) — this is a statutory right independent of the AWR 12-week rule, not something that only kicks in after 12 weeks.
Try the calculators
Take-Home Pay Calculator
Calculate your net salary after income tax, National Insurance and student loan deductions.
Minimum Wage Calculator
Check the UK National Living Wage and National Minimum Wage rates for 2025.
Holiday Entitlement Calculator
Calculate your statutory holiday entitlement in days and hours for full-time and part-time workers in the UK.
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