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
Legal basis
Primary legislation and key regulations
Browse UK legislation (opens in a new tab) legislation.gov.uk