Hiring and recruitment UK-wide

Agency worker rights comparison

Quick reference comparing what agency workers are entitled to versus permanent employees.

Guide summary

Give agency workers equal access to facilities and job information from day one. After 12 weeks, give them the same pay, hours, and leave as permanent staff. You do not have to give occupational sick pay, enhanced maternity pay, or company bonuses.

  • Provide equal access to canteen, parking, childcare from day one
  • Tell agency workers about permanent job vacancies
  • Give same basic pay, overtime rates, and shift allowances after 12 weeks
  • Give same holiday pay after 12 weeks (at least 5.6 weeks)
  • Same working hours and rest breaks after 12 weeks
  • Do not have to give occupational sick pay – only statutory sick pay applies
  • Do not have to give company bonuses, share schemes, or loyalty bonuses
  • Do not have to give enhanced maternity pay or redundancy pay
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This guide summarises what agency workers are and are not entitled to under the Agency Workers Regulations 2010.

Day-1 entitlements (immediate)

Collective facilities
Equal access to canteen, parking, childcare, rest areas, prayer room
Vacancy information
Must be told about permanent job vacancies
Ante-natal time off
Pregnant workers get paid time off
Protection from detriment
Cannot be penalised for asserting AWR rights

Post-12-week entitlements

Basic pay
Same as comparable permanent worker
Overtime rates
Same rates as permanent staff
Shift allowances
Same allowances as permanent staff
Commission
Same commission structures (if output-based)
Holiday entitlement
Same as comparable worker (may exceed 5.6 weeks)
Working hours limits
Same as permanent staff
Rest breaks
Same as permanent staff

Not entitled to (even after 12 weeks)

Occupational sick pay
Only statutory sick pay applies
Pension contributions
AWR doesn't require parity (but auto-enrolment may apply)
Enhanced maternity pay
Only statutory rates apply
Redundancy pay
Not entitled unless employed directly
Share schemes
Not required to be offered
Loyalty bonuses
Long-service awards not required
Company bonuses
Team/company bonuses not linked to individual performance not required