The landscape of employment in the United Kingdom relies heavily on the flexibility provided by agency workers. In 2026, understanding your rights under the Agency Workers Regulations 2010 (AWR) is more critical than ever. Whether you are a temporary worker finding your footing or a seasoned contractor, this guide details exactly what you are entitled to regarding pay, holidays, sick leave, and pensions.
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The Agency Worker Regulations 2010 Explained
The Agency Workers Regulations 2010 were introduced to ensure that temporary agency workers are not treated less favourably than their permanent counterparts. While flexibility is a key benefit of agency work, it should not come at the cost of basic fairness.
In 2026, the core principle remains: once you have worked for the same hirer in the same role for 12 weeks, you qualify for the same basic working and employment conditions as if you had been recruited directly.
These regulations cover workers supplied by a temporary work agency to a hirer. They do not typically cover self-employed contractors running their own limited companies (outside IR35), but they heavily impact those working through umbrella companies or agency PAYE.
Day 1 Rights: What You Get Immediately
You do not have to wait 12 weeks for everything. From your very first day on an assignment, you have specific statutory rights known as "Day 1 Rights".
Access to Collective Facilities
You must have the same access to collective facilities and amenities as permanent staff. This includes:
- Canteens and food services.
- Childcare facilities and crèches.
- Transport services (e.g., staff buses).
- Toilets and shower facilities.
- Prayer rooms.
- Car parking (though this can sometimes be subject to waiting lists).
Note: While you have access, you may still be charged the same amount as permanent staff for these services.
Access to Job Vacancies
You have the right to be informed of any relevant vacant posts with the hirer. This ensures you have the same opportunity as permanent employees to find permanent employment. This information is usually provided via internal intranets or notice boards.
The 12-Week Qualifying Period
The most significant rights kick in after a 12-week qualifying period. To qualify, you must work in the same job with the same hirer for 12 continuous calendar weeks.
Does the Clock Reset?
This is a common area of confusion. The "clock" tracking your 12 weeks works as follows:
- Resets to Zero: If you start a new assignment with a different hirer, or a significantly different role with the same hirer. It also resets if you have a break of more than 6 weeks between assignments with the same hirer (unless the break is for a protected reason).
- Pauses (Does not Reset): The clock pauses but keeps your accumulated weeks if:
- You have a break of 6 weeks or less.
- You are on certified sick leave (up to 28 weeks).
- You are on annual leave.
- The workplace closes (e.g., Christmas shutdown or industrial action).
- You are on jury service (up to 28 weeks).
- Continues: During pregnancy and maternity-related absences, the clock continues to tick as if you were working.
Qualification Date Calculator
Use our calculator below to estimate when you will become entitled to equal treatment rights (Equal Pay, Holiday, etc.).
When do I qualify for equal rights?
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Equal Pay and Conditions
Once you pass the 12-week mark, you are entitled to the same basic working and employment conditions as if you had been recruited directly by the hirer to do the same job.
What IS included in Equal Pay:
- Basic Pay: Hourly rate or annual salary equivalents.
- Overtime: Eligibility for overtime pay and the rates applied.
- Shift Allowances: Payments for working unsocial hours or shifts.
- Bonuses: Any bonus directly attributable to the quality or quantity of work (e.g., commission, production bonuses).
- Vouchers: Such as luncheon vouchers if they act as salary.
- Holiday Pay: Any entitlement above the statutory minimum.
What IS NOT included:
- Occupational sick pay (statutory sick pay still applies).
- Occupational pensions (though auto-enrolment applies).
- Redundancy pay.
- Maternity/Paternity/Adoption pay (though statutory rights apply).
- Bonuses not linked to performance (e.g., loyalty bonuses or profit-sharing schemes).
- Benefits in kind like company cars or health insurance (unless specified in contract).
Holiday Entitlement and Pay
Every worker in the UK is entitled to 5.6 weeks of paid annual leave (28 days for a full-time worker). This is a Day 1 right.
After 12 Weeks: If the permanent staff at your hiring company receive more than the statutory minimum (e.g., 30 days or 35 days a year), you become entitled to this higher amount as well after 12 weeks.
Holiday pay should be paid when you take the holiday. The practice of "rolled-up holiday pay" (paying holiday pay within the hourly rate) is technically unlawful, although some umbrella companies still use transparent models that segregate it on the payslip.
Sick Pay and Pensions
Sick Pay
Agency workers are entitled to Statutory Sick Pay (SSP). In 2025/26, you are eligible if:
- You are classed as an employee for National Insurance purposes.
- You have done some work under your contract.
- You have been ill for at least 4 days in a row (including non-working days).
- You earn an average of at least £123 per week (Lower Earnings Limit).
SSP is paid by your agency (your employer), not the hirer.
Pensions
Under automatic enrolment legislation, your agency or umbrella company must enrol you into a workplace pension scheme if:
- You are aged between 22 and State Pension age.
- You earn at least £10,000 per year.
- You usually work in the UK.
You can choose to opt out, but they must enrol you initially or invite you to join.
Umbrella Companies vs Agency PAYE
How you are paid affects how these rights are administered.
Agency PAYE
The recruitment agency is your employer. They handle your tax, NI, and ensure you get your AWR entitlements. This is often the simplest route for lower-paid or short-term assignments.
Umbrella Companies
The umbrella company is your employer. The agency pays the umbrella company a higher rate, and the umbrella deducts their margin, employer NI, employee NI, and tax before paying you.
Crucial Update: The "Swedish Derogation" (Pay Between Assignments) model, which allowed umbrella companies to opt out of equal pay requirements, was abolished in April 2020. Umbrella workers are now fully entitled to equal pay after 12 weeks.
Frequently Asked Questions
1. Who is responsible for ensuring I get my rights?
Primary responsibility lies with the temporary work agency. However, the hirer must provide the agency with information about the terms and conditions of their permanent staff so the agency can ensure parity.
2. What if I am not getting equal pay after 12 weeks?
You should first write to your agency requesting information. They have 28 days to respond. If they fail to correct it, you may have a claim for an Employment Tribunal. Compensation is usually based on financial loss.
3. Can an agency terminate my contract to avoid the 12-week rule?
No. If an agency or hirer structures assignments specifically to avoid the 12-week threshold (e.g., firing you at 11 weeks and rehiring you shortly after), anti-avoidance provisions in the regulations allow you to claim for equal treatment and potentially additional compensation of up to £5,000.
4. Do bank holidays count towards the 12 weeks?
Yes. Bank holidays and other public holidays do not break the continuity of the 12-week qualifying period.
5. Does this apply to pregnant agency workers?
Yes. Pregnant agency workers have specific rights. After 12 weeks, you are entitled to paid time off for antenatal appointments. If the work is deemed unsafe for you or your baby, the agency must offer suitable alternative work. If none is available, the agency may have to pay you for the duration of the assignment.
6. I am a limited company contractor (PSC). Do I get these rights?
Generally, no. The regulations apply to "agency workers". If you are genuinely self-employed and in business on your own account (outside IR35), the AWR usually does not apply. However, if your assignment is inside IR35, the status can be more complex, but AWR rights are typically associated with the "worker" status.
7. What about zero-hours contracts?
Many agency workers are effectively on zero-hours contracts. You still accrue the 12-week qualifying period based on calendar weeks, even if your hours vary, provided you work during that week.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Employment law is subject to change. For specific legal issues, consult a qualified employment solicitor or ACAS.