Agency Workers Regulations 2010
What this means for your business
- Enforced by
- GLAA, EAS, Employment Tribunal
- Applies to
- United Kingdom
- On this page
- 38 compliance obligations, 2 practical guides
What you must do
38 compliance obligations under this legislation.
Management duties 24
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.
Ensure agency workers get equal basic working conditions
If you run a temporary work agency or you hire agency workers, you must make sure those workers receive the same basic pay, holidays and other employment conditions as a comparable employee of the hirer. You also need to comply with the other agency‑worker regulations (e.g., access to facilities, employment rights and health‑safety duties). Failure to do so can make you personally liable for a breach.
Ensure agency workers receive correct basic employment conditions
If you run a temporary work agency or hire agency workers, you must gather the relevant information from the hirer, assess what basic employment conditions the worker should receive, and apply those conditions correctly. Doing so protects you from liability and ensures the worker’s rights under the Agency Workers Regulations are met.
Ensure agency workers receive equal basic employment conditions
Fine up to £5,000If you employ agency workers, you must make sure they get the same basic pay, holidays and other core conditions as a comparable permanent employee of the hirer. Both the agency and the hirer need to gather the relevant information, assess what the comparable employee receives and apply those terms to the agency worker for the whole period they are entitled to the rights.
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.
Ensure agency workers receive equivalent basic working conditions
If you supply temporary workers or use them in your business, you must get the right information from the other party about the basic terms and conditions they offer to comparable employees, assess what the agency worker should receive, and make sure those conditions are applied. Failing to do this means you (or the hirer) can be held liable for breaches of the Agency Workers Regulations.
Give agency workers the same basic terms as comparable employees
If you hire people through a temporary work agency, you must pay them the same basic pay, holidays, rest breaks and other core conditions that a directly‑recruited employee doing the same job would receive at the time they start. You need to compare them with a similar employee at the same establishment and apply any changes made after the qualifying period.
Give agency workers the same basic terms as comparable employees
When you use agency workers, you must treat them the same as you would a directly‑hired employee doing the same job. This means providing the same basic pay, holidays, rest breaks and other contractual terms that a comparable employee receives, once the agency worker’s qualifying period has started.
Give agency workers the same basic terms as comparable employees
Once an agency worker has completed the qualifying period, you must treat them the same as a directly‑hired employee doing the same job. This means matching pay, holidays, pension, overtime and any other basic conditions that a comparable employee receives at the start of the qualifying period.
Give agency workers the same basic terms as comparable employees
If you use a temporary work agency to supply staff and the agency worker has passed the qualifying period, you must treat them as if you had hired them directly. That means they should receive the same basic pay, holiday, rest breaks and other conditions that a comparable employee would get at the start of that period.
Give agency workers the same basic terms as comparable employees
Fine up to £5,000If you use agency workers, once they have completed the qualifying period you must treat them no less favourably than a directly‑hired employee doing the same role. That means matching pay, holidays, overtime, rest breaks and any other core contract terms that you normally offer to comparable staff. You need to compare each agency worker with a comparable employee and adjust the agency worker’s terms accordingly.
Give agency workers the same basic terms as comparable employees
If you use agency workers, you must treat them the same as your regular staff for core employment conditions – pay, holidays, pension and other basic terms – once they have completed the qualifying period. You need to compare their conditions with those of a similar employee and make sure they receive the same.
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.
Inform agency workers of comparable job vacancies
When you hire agency workers, you must tell them about any permanent jobs you have that they could apply for, giving them the same chance as a comparable permanent employee. You can do this by posting a general announcement in a suitable place at your premises. This duty applies for the whole period the agency worker is on assignment with you.
Inform agency workers of relevant job vacancies
If you use agency workers, you must let them know about any suitable permanent vacancies in your business while they are on assignment, giving them the same chance to apply as comparable employees. The information can be posted as a general announcement in a suitable place at your premises.
Inform agency workers of relevant job vacancies
If you use agency workers, you must let them know about any permanent jobs that become vacant in your organisation, giving them the same chance to apply as comparable employees. You can do this by posting a general announcement in a suitable place on the premises.
Inform agency workers of relevant job vacancies
When you have a permanent position that matches the work an agency worker is doing, you must let that agency worker know about the vacancy and give them the same chance to apply as a comparable permanent employee. A simple way to comply is to display a general notice about the vacancy in a suitable place at your premises.
Obtain required information and apply basic working conditions for agency workers
If you run a temporary work agency or you hire agency workers, you must get the necessary details about the hirer’s employment terms, use that information to work out the agency worker’s basic conditions, and then treat the worker in line with those conditions. Failing to do so can make you (or the hirer) liable for breaches of the agency worker regulations.
Provide agency workers with same basic terms as comparable employees
If you use temporary agency staff, you must give them the same basic pay, holidays and other employment conditions that a permanent employee doing the same job would get, once they have completed their qualifying period. You need to compare their terms with a comparable employee and ensure they match.
Provide agency workers with the same basic terms as comparable employees
If you use agency workers, you must give them the same core employment conditions (pay, holidays, working time, etc.) that a directly‑hired employee doing the same job would have received when the qualifying period started. You need to compare each agency worker with a comparable employee and ensure the terms match.
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.
Provide required information to temporary work agencies and ensure agency‑worker compliance
If you use a temporary work agency to supply workers, you must give the agency accurate details of your basic employment conditions and comparable employee terms so the agency can work out the correct basic conditions for the agency workers. You remain liable for any breach of the agency‑worker regulations (e.g., access to facilities, employment rights, collective bargaining) if the agency cannot meet its obligations.
Share required employment information and apply basic conditions for agency workers
If you supply agency workers or you hire them, you must exchange the necessary details about the hirer’s normal employment terms and use that information to set the agency worker’s basic conditions. Doing this protects you from liability and ensures the worker gets the same basic rights as comparable permanent staff.
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.
Notifications 5
Inform agency workers of job vacancies
When a permanent role opens up in your company, you must let any agency workers on assignment know about it. They should be given the same chance to apply as a comparable employee. You can meet this requirement by putting a clear notice in a suitable place at your premises.
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.
Inform agency workers of relevant job vacancies
If you engage agency workers, you must let them know about any permanent roles that match their work, giving them the same chance to apply as your regular staff. You can do this by posting a notice or otherwise communicating the vacancy within your premises.
Inform agency workers of relevant job vacancies
If you use agency workers, you must let them know about any suitable permanent jobs in your company, giving them the same chance to apply as comparable employees. You can do this by posting a notice in a common area or sending a direct communication. The duty applies for the whole period the worker is on assignment.
Inform agency workers of relevant job vacancies
When you use agency workers, you must tell them about any permanent jobs you have that they could reasonably apply for. You should give them the same chance as a comparable employee to be considered for the role, for example by posting a notice in a visible place at your premises.
Reporting and filing 9
Provide requested information to agency workers
If a temporary worker asks you in writing for details about how they have been treated, you must give them a written statement with the relevant information. The temporary work agency must reply within 28 days, and if they fail to do so the worker can ask the hirer, who also must reply within 28 days. This ensures agency workers can check whether their employment rights have been respected.
Provide requested information to agency workers within 28 days
If an agency worker asks you (either as the temporary work agency or the hirer) for details about their employment conditions or why a particular right may have been breached, you must give them a written response within 28 days. The statement must include the basic terms that apply to the hirer’s employees, the reasons you used to decide the agency worker’s terms, and, where relevant, details of any comparable employee used to justify a different treatment.
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.
Provide written information to agency workers on request
If an agency worker asks in writing for details about how they have been treated, you (as the temporary work agency or the hirer) must give them a written statement with the required information. You have to reply within 28 days of receiving the request, and the information you provide can be used as evidence in any tribunal claim.
Provide written information to agency workers on request
If an agency worker asks you in writing for details about how they have been treated, you must give them a written statement with the required information within 28 days. This applies to both the temporary work agency that supplies the worker and the client (hirer) who uses them. Failure to do so may be taken as evidence of a breach of the worker’s rights.
Provide written information to agency workers on request
If an agency worker asks for details about how they have been treated, you (as the temporary work agency or the hirer) must give them a written statement with the relevant information within 28 days. The statement must cover basic employment conditions, how those conditions were decided, and any comparable employee details if you rely on that test.
Provide written information to agency workers on request
When a temporary worker asks for details about how they were treated, you (as the agency or the client) must give them a written statement within 28 days. If the agency does not reply, the worker can ask the client, who also has 28 days to respond.
Provide written information to agency workers on request
If a temporary agency worker asks for details about how they have been treated, your agency or the client you’re supplying them to must give them a written statement within 28 days. The statement must explain the basic terms and conditions that apply, how they were decided, and, where relevant, how comparable employees are treated.
Provide written statements to agency workers on request
When an agency worker asks you for information about how they were treated, you must give them a written statement with the relevant details. This duty applies to both the temporary work agency that supplies the worker and the hirer (the company that hired the worker). The statement must be supplied within 28 days of receiving the request.
Penalties for non-compliance
2 penalties under this legislation.
Ensure agency workers receive equal basic employment conditions
Fine up to £5,000
Give agency workers the same basic terms as comparable employees
Fine up to £5,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
28 classified provisions from this legislation.
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 8
- s.2 Interpretation the 1996 Act assignment contract of employment
- 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