UK Statutory Instrument 2010 United Kingdom

Agency Workers Regulations 2010

What this means for your business

7 obligations
2 guides
Applies to
United Kingdom
On this page
7 compliance obligations, 2 practical guides
Read full text on legislation.gov.uk

What you must do

7 compliance obligations under this legislation.

Management duties 5

Avoid structuring agency assignments to evade workers' rights

You must not split an agency worker’s work into several short assignments, rotate their role, or use linked hirers just to stop them gaining equal treatment after the qualifying period. If you do, the worker is still treated as having completed the qualifying period and must keep the rights they would otherwise receive.

Employer s.9 HMRC When an agency worker has two or more assignments with you, or …

Ensure agency workers receive equal basic working conditions

If you engage a temporary work agency to supply workers, you must make sure those workers get the same basic pay, holidays and other core conditions as comparable employees of your business. You need to obtain the relevant information from the agency, assess it reasonably and confirm the agency applies those conditions; if the agency does not, you remain liable. You also remain responsible for complying with the agency workers' rights to facilities, access to employment and other statutory protections.

Any Person s.14 HMRC When you use a temporary work agency to provide workers

Give agency workers the same basic terms as comparable employees

If you hire agency workers, once they have been with you for the qualifying period you must provide them with the same basic pay, holidays, working hours and other conditions that a directly‑hired employee doing the same job would receive. You need to compare their terms with a similar employee and make sure they match.

Employer s.5 HMRC when you engage agency workers who have completed the qualifying period (subject …

Provide equal access to facilities for agency workers

If you use agency workers, you must give them the same rights to use your canteen, childcare, transport or other collective facilities as you give to comparable employees, unless you have an objective reason not to. Treating them less favourably can lead to tribunal claims for compensation.

Employer s.12 HMRC When you have agency workers assigned to your business

Take reasonable steps to prevent employee wrongdoing under agency worker rules

As an employer or principal, you are liable for what your employees (including agency workers) do at work. If an employee breaches the Agency Workers Regulations you can only defend yourself if you can show you took reasonably practicable steps – such as clear policies, training, supervision and monitoring – to stop that behaviour. In practice this means putting systems in place to prevent breaches before they happen.

Employer s.20 HMRC

Notifications 1

Inform agency workers of relevant job vacancies

If you use agency workers, you must let them know about any suitable permanent jobs you have, giving them the same chance to apply as comparable staff. You can do this by posting a general announcement in an appropriate place at your premises whenever a vacancy arises.

Employer s.13 HMRC When a relevant vacant post appears while an agency worker is on …

Reporting and filing 1

Provide written information to agency workers on request

If an agency worker asks for details about how they have been treated, the temporary work agency must send a written statement within 28 days. If the agency doesn’t reply within 30 days, the worker can ask the hirer (the client) for the same information, and the hirer must also reply within 28 days. This ensures workers can see the conditions that apply to them and how they compare with comparable employees.

Employer s.16 HMRC Agency worker makes a written request for information about their treatment

Practical guidance

Our guides explain how to comply with the requirements above.

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.

Agency worker rights comparison

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

Sections and provisions

26 classified provisions from this legislation.

7 Duties 7 Definitions 4 Exemptions

Duties 7

  • s.5 Rights of agency workers in relation to the basic working and employment conditions
  • s.9 Structure of assignments
  • s.12 Rights of agency workers in relation to access to collective facilities and amenities
  • s.13 Rights of agency workers in relation to access to employment
  • s.14 Liability of temporary work agency and hirer deliberate failure
  • s.16 Right to receive information
  • s.20 Liability of employers and principals

Definitions 7

  • s.3 The meaning of agency worker agency worker
  • s.4 The meaning of temporary work agency temporary work agency
  • s.6 Relevant terms and conditions relevant terms and conditions pay financial participation scheme
  • s.21 Crown employment and service as a member of the armed forces Crown employment
  • s.22 House of Lords staff relevant member of the House of Lords staff
  • s.23 House of Commons staff relevant member of the House of Commons staff
  • s.24 Police service the relevant officer SOCA

Exemptions 4

  • s.7 Qualifying period
  • s.8 Completion of the qualifying period and continuation of the regulation 5 rights
  • s.17 Unfair dismissal and the right not to be subjected to detriment
  • s.18 Complaints to employment tribunals etc

Official guidance

Authoritative sources from regulators explaining this legislation.