Agency workers gain enhanced rights to equal treatment with directly employed staff once they have worked in the same role for the same hirer for 12 continuous weeks. This guide explains what changes at that point, and what agency workers are entitled to from day one, for 2026/27.
Rights From Day One
From the very first day of an assignment, agency workers are generally entitled to access the same facilities available to comparable directly employed staff — such as staff canteens, childcare facilities and transport services provided by the hirer — and to be informed about relevant internal vacancies, so they have the same opportunity to apply for a permanent role.
These day-one rights apply regardless of how long the assignment is expected to last, though the more significant entitlement to equal pay and core working conditions only arises once the 12-week qualifying period has been completed.
The 12-Week Qualifying Period
After working in the same role with the same hirer for 12 continuous calendar weeks, an agency worker generally becomes entitled to the same basic working and employment conditions as if they had been recruited directly by the hirer for the same job — most importantly, this includes pay, and also covers matters like working time and rest breaks.
The 12-week clock is based on the specific role with a specific hirer, so moving to a genuinely different role, or to a different hirer, generally restarts the qualifying period, though certain short breaks (such as sickness, holiday, or a brief gap) may still count towards, or not break, the 12 weeks depending on the reason for the break.
What Is and Is Not Included
Once qualified, equal treatment mainly covers pay and other directly job-related basic conditions — it does not automatically extend to matters like occupational pension schemes, redundancy pay, or other benefits reserved specifically for directly employed staff, which remain outside the equal treatment right in the same way.
Agency workers should check their assignment details and any information provided by the agency about pay comparators, since disputes sometimes arise over what a genuinely "comparable" directly employed worker would be paid for the same role.
Frequently Asked Questions
Do agency workers have any rights from their very first day?
Yes — from day one, agency workers generally have the right to access shared facilities available to directly employed staff (such as a staff canteen or transport services) and to be told about relevant internal vacancies, even before the 12-week qualifying period is reached.
What changes after 12 weeks in the same role?
After 12 continuous weeks in the same role with the same hirer, an agency worker generally becomes entitled to the same basic pay and core working conditions as a comparable directly employed worker doing the same job, rather than whatever rate the agency initially set.
Does moving to a different role reset the 12-week clock?
Generally yes — the qualifying period is tied to a specific role with a specific hirer, so moving to a genuinely different role, or working for a different hirer, typically means the 12-week count starts again from the beginning.
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Does equal treatment include pension contributions?
Not automatically — equal treatment after 12 weeks mainly covers pay and core working conditions, and does not generally extend to occupational pension schemes or certain other benefits reserved for directly employed staff, though separate auto-enrolment pension rules can still apply to agency workers in their own right.
What should I do if I think I am not being paid the correct rate after 12 weeks?
Raise the issue with your agency first, asking them to confirm the pay rate of a genuinely comparable directly employed worker doing the same role, and if it is not resolved, you may be able to bring a claim under the Agency Workers Regulations.
Do short breaks in an assignment always reset the 12-week period?
Not always — certain breaks, such as annual leave, sickness, or a brief pause between assignments in the same role, may still count towards, or not break, the qualifying period depending on the specific reason and length of the break, so it is worth checking the detailed rules if you have had a gap in an assignment.
Does equal treatment cover holiday pay and rest breaks?
Yes — once the 12-week qualifying period is met, an agency worker’s entitlement to paid annual leave, rest breaks, and other basic working time conditions should match that of a comparable directly employed worker doing the same role, not just their basic pay rate.
Who is responsible for paying the correct rate — the agency or the hirer?
The agency is normally responsible for paying the agency worker, but the hirer must give the agency accurate information about the pay and conditions of a comparable directly employed worker, so both parties share responsibility for equal treatment being applied correctly.
Do these rights apply to workers supplied through an umbrella company?
Generally yes — if the arrangement is genuinely one of an agency supplying a worker to a hirer, the equal treatment principles under the Agency Workers Regulations can still apply regardless of whether an umbrella company sits between the agency and the worker, though the specific contractual chain should be checked.
Can a hirer avoid equal treatment by rotating agency workers between roles?
Deliberately structuring assignments to prevent a worker from reaching the 12-week qualifying period can be challenged, and in some circumstances may amount to an avoidance of the Agency Workers Regulations, so genuine role changes are treated differently from artificial rotation designed purely to reset the clock.
Disclaimer: This guide reflects UK rules as they generally apply in 2026/27. This guide is for general information only and is not professional advice. Consult a qualified adviser and refer to gov.uk for current official guidance before relying on any treatment.
