Introduction

The Agency Worker Regulations are an EU directive designed to ensure that any temporary worker working for a company after 12 weeks in the same job role will have the same working conditions as a permanent employee in the same job. This means that temporary workers will benefit from a whole host of employee benefits from their employers.​

This regulation requires Agencies and Umbrella Companies to work together to ensure that each agency worker receives equal treatment after being on site for 12 weeks or more.

The Agency Workers Regulations require an Umbrella Company to take
reasonable steps to obtain comparator information for all employees. We request AWR information for each contractor, which allows us to carry out a full comparator test that protects all “in scope” parties.

Our comparator questionnaire asks for information on the key areas covered in the regulation to ensure we can fully compare.

You can find a downloadable questionnaire here.

Day 1 Rights

From day one of your assignment, you’re entitled to the same access as permanent staff to collective facilities and amenities. These may include a canteen or similar facilities, a workplace crèche, transport services, toilets/shower facilities, a staff room, a waiting room, a mother and baby room, a prayer room, food and drink machines, and car parking.

This is a non-exhaustive list intended to indicate which facilities should be included. It applies to facilities provided by the hirer; therefore, these facilities will usually be on-site.

Agency workers are also entitled to information about any relevant job vacancies within the hirer that would be available to a comparable employee or worker.

12 Weeks Rights Regulation

After you complete a 12-week qualifying period with the same hirer in the same role, you are entitled to the same basic terms and conditions of employment as if you had been employed directly by the hirer.

These are key elements of equal pay, duration of working time (e.g., if working is limited to a maximum of 48 hours), night work, rest periods, rest breaks, and annual leave.

In addition, pregnant agency workers who have completed the 12-week qualifying period will be entitled to paid time off for antenatal appointments.

Pay Includes

Basic pay is based on the annual salary an agency worker would have received if recruited directly (usually converted into an hourly or daily rate, taking into account any pay increments).

Payment for annual leave (any entitlement above the statutory minimum of 5.6 weeks can be added to the hourly or daily rate) – to avoid confusion, this should be identified separately on the agency worker’s payslip.

Shift/unsocial hours allowances, risk payments for hazardous duties.

Bonus or commission payments are directly attributable to the amount or quality of the work done by the individual. This can include commissions linked to sales or production targets and payments related to the quality of personal performance (see sections below on bonuses linked to personal performance and performance appraisal systems). This might also include non-contractual payments, which have been paid regularly and are a matter of custom and practice.

Vouchers or stamps which have monetary value and are not “salary sacrifice
schemes” – e.g. luncheon vouchers, child care vouchers.

Do employers have to comply with AWR?

Yes. If they try to avoid the 12-week qualifying period by rotating agency workers and changing assignments to ensure they do not meet the 12-week qualifying period, they will face fines of up to £5,000.

What happens if I change agencies in between my 12-week period?

Nothing. If you were in the same role but re-hired by a different agency within this timeframe, you would still be entitled to the 12-week agency workers’ regulations. If you changed agency and your temporary role was different, you would not apply for the 12-week AWR rule.