Guide
Engage and manage agency workers
Your legal obligations when using agency workers, including day-1 rights, the 12-week qualifying period, and equal treatment requirements.
The Agency Workers Regulations 2010 (AWR) give agency workers rights to equal treatment. As a hirer (the business using the workers), you share responsibility with the employment agency for compliance.
Who is an agency worker?
Someone is an agency worker if they:
- Have a contract with a temporary work agency
- Work temporarily for and under your supervision
- Are not directly employed by you
This includes temp workers, seasonal staff supplied by agencies, and workers placed through recruitment agencies for temporary assignments.
Day-1 rights (no qualifying period)
From their first day, agency workers have rights to:
The 12-week qualifying period
After 12 continuous calendar weeks in the same role with your business, agency workers gain additional rights to equal treatment.
Equal treatment after 12 weeks
Once qualified, agency workers must receive the same basic working and employment conditions as if you had recruited them directly.
What counts as pay?
Understanding what's included in "pay" is crucial for compliance.
Your obligations as a hirer
Anti-avoidance rules
You cannot structure assignments to deliberately prevent agency workers from completing the 12-week qualifying period.
Enforcement and penalties
Agency workers can bring employment tribunal claims against both you (the hirer) and the agency.
Key Information Document
Agencies must provide workers with pay transparency information before assignments begin.
Swedish derogation (no longer available)
Before April 2020, agencies could avoid pay parity obligations through specific contract arrangements. This is no longer possible.