Hiring and recruitment

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.

UK-wide
Guide summary

You must give agency workers equal access to facilities from day one. After 12 weeks in the same role, they get equal pay and conditions. Check if your temporary workers qualify as agency workers under the law.

  • Day-1 rights: Equal access to canteens, parking, and job vacancy info
  • 12-week qualifying period for equal pay and conditions
  • Count calendar weeks continuously (breaks under 6 weeks pause the clock)
  • Pay includes basic pay, overtime, shift allowances, and holiday pay
  • Hirers liable for breaches of facilities access and vacancy info
  • Anti-avoidance penalty up to £5,000 for preventing 12-week qualification
  • Claims must be filed within 3 months of breach via ACAS first
  • Minimum compensation £1,502, no cap for actual losses
  • Agencies must provide Key Information Document before assignment starts
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UK-wide

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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.

Agency workers - guidance for hirers (opens in a new tab)