The Agency Workers Regulations 2010
The AWR 2010 protect temporary workers supplied by an employment agency (the "temporary work agency" or TWA) to work for a hirer. Rights split into two tiers — day-one rights and the 12-week parity right.
Day-one rights (regulation 12-13)
From the first day in the role you are entitled to:
- Access the hirer's collective facilities on no less favourable terms than directly-employed staff — canteen, childcare, transport, parking.
- Information about vacancies in the hirer at the same time as directly-employed staff.
The 12-week parity right (regulation 5)
After you have worked in the same role for the same hirer for 12 calendar weeks, you are entitled to the same basic working and employment conditions as if you had been recruited directly. This includes:
- Pay — basic rate, shift premia, bonuses linked to individual performance, holiday pay.
- Holiday entitlement — at least the same as comparable direct hires.
- Working time — duration of working time, rest periods, rest breaks, night work, annual leave.
It does not include occupational sick pay, occupational pensions (auto-enrolment still applies after 12 weeks), redundancy pay, contractual notice, or maternity pay beyond statutory.
The 12-week qualifying clock
A "calendar week" means any week in which you work — even one day counts. Breaks of less than 6 weeks (for most reasons) pause the clock; pregnancy and statutory leave pause it for longer.
The "Swedish derogation" was abolished in April 2020 — agencies can no longer pay-between-assignments to avoid the parity right.
Pregnancy + family rights
Agency workers also have day-one rights to paid time off for antenatal appointments, and to be offered suitable alternative work if their assignment ends because of a health-and-safety risk during pregnancy.
Who do you complain to
The TWA and the hirer can be jointly liable. Raise the issue with the agency first in writing; if not resolved, tribunal within 3 months less one day of the act complained of (ACAS Early Conciliation first).