Finance Editor, Kael Tripton Ltd - LBS MBA - Verified against FCA Handbook: 14 June 2026
Quick answer
Agency Workers Regulations 2010 give agency workers equal pay and conditions after 12 weeks with the same hirer in the same role. From day one: access to job vacancies and collective facilities. The Swedish Derogation (lower pay model) was abolished in April 2020. Employment Tribunal claims must be made within 3 months.
What Are the Agency Workers Regulations and What Rights Do They Give?
Direct answer
What rights do agency workers have after 12 weeks?
After 12 calendar weeks in the same role with the same hirer, agency workers are entitled to equal pay and basic working conditions as direct employees (AWR 2010, legislation.gov.uk/uksi/2010/93). From day one, agency workers have the right to access job vacancies and collective facilities. Both the agency and hirer can be liable for AWR breaches. Claims go to the Employment Tribunal within 3 months.
Track your weeks in the same role with the same hirer
From day one. Keep a record of every week you work. The 12-week clock runs from your first week.
Request a written statement of your equal treatment rights
After 12 weeks, write to the agency and hirer requesting confirmation of your pay and conditions versus the equivalent direct employee.
Check your access to facilities and vacancies from day one
You have the right to access the hirer's job vacancies and collective facilities (canteen, childcare, transport) from day one regardless of the qualifying period.
If you believe your pay is below the comparable rate
Ask the agency for a breakdown of how your pay compares to direct employees in equivalent roles.
Make an Employment Tribunal claim within 3 months
Both the agency and hirer can be liable. Get advice from ACAS (acas.org.uk) before making a Tribunal claim.
| Right | When available | Who is liable for breach? |
|---|---|---|
| Access to job vacancies | Day one | Hirer |
| Access to collective facilities (canteen, childcare) | Day one | Hirer |
| Equal pay | After 12 weeks | Agency (primarily) |
| Equal working hours and rest | After 12 weeks | Hirer |
| Equal annual leave beyond statutory minimum | After 12 weeks | Hirer |
| Occupational pension / sick pay / redundancy pay | Never -- not covered by AWR | N/A |
Frequently Asked Questions
What are the Agency Workers Regulations 2010?
The Agency Workers Regulations 2010 (AWR, SI 2010/93) give agency workers the right to equal treatment in pay and basic working conditions after completing a 12-week qualifying period with the same hirer in the same role. From day one, agency workers also have the right to access the hirer's job vacancies and collective facilities (such as canteen, childcare and transport). AWR applies to workers supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer.
What is the 12-week qualifying period under AWR?
Agency workers acquire the right to equal treatment in pay and working conditions after 12 calendar weeks working in the same role with the same hirer. Weeks count if the agency worker works in that role in any part of the week. Gaps of up to 6 weeks do not break the continuity of the qualifying period. Gaps due to pregnancy, maternity/paternity leave, illness, jury service or a planned holiday agreed before the assignment do not break continuity and the weeks before the gap count towards the 12 weeks.
What does equal treatment mean under AWR?
After the 12-week qualifying period, agency workers are entitled to the same basic working and employment conditions as directly-recruited comparators in the same role. This includes: the same rate of pay (including performance pay and bonuses related to individual performance), the same working hours, the same annual leave entitlement beyond the statutory minimum, the same rest breaks and rest periods, the same access to night work and shift patterns. It does not include: sick pay beyond statutory minimum, occupational pension schemes, redundancy pay, or maternity/paternity/adoption pay beyond the statutory minimum.
What is the Swedish Derogation under AWR?
The Swedish Derogation (also called the pay between assignment model) was a model that allowed some agencies to pay agency workers a lower rate during assignments in exchange for a guaranteed minimum pay between assignments. The Swedish Derogation was abolished in April 2020. Agency workers who were on Swedish Derogation contracts before April 2020 are now entitled to equal pay under the standard AWR qualifying period rules.
Who enforces the Agency Workers Regulations?
Agency workers can enforce their AWR rights through an Employment Tribunal. A claim must be made within 3 months of the breach (or 6 months in some circumstances). Both the agency and the hirer can be liable for AWR breaches. The hirer is liable for breaches relating to working conditions and access to facilities. The agency is liable for breaches relating to pay.
Primary sources
Kael Tripton Ltd is registered with the Information Commissioner's Office under registration number ZC135439.
