Hiring and recruitment

Agency worker rights comparison

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

UK-wide
Guide summary

Agency workers get some rights from day one and more after 12 weeks. You must give them equal access to facilities, tell them about permanent jobs, and pay them the same as permanent staff after 12 weeks. They do not get sick pay, pensions, or bonuses like permanent staff.

  • Give equal access to canteen, parking, childcare from day one
  • Tell agency workers about permanent job vacancies
  • Pay pregnant workers for antenatal appointments
  • Pay same as permanent staff after 12 weeks
  • Include overtime, shift allowances, commission after 12 weeks
  • Do not pay occupational sick pay or redundancy pay
  • Do not offer pension contributions unless auto-enrolment applies
  • Do not give company bonuses not linked to performance
  • Check if auto-enrolment applies for pensions
  • Follow Agency Workers Regulations 2010 rules
On this page
UK-wide

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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
Agency workers: your rights (opens in a new tab)