What is an agency worker and what is the 12-week qualifying period?

Explains who counts as an agency worker and how the 12-week qualifying period operates to trigger equal treatment.

In UK law, an agency worker is someone supplied by a temporary work agency to perform tasks for a hirer under the agency's contract. The Agency Workers Regulations 2010 set out how and when rights are earned.

• Agency workers are typically workers, not direct employees, but enjoy specific protections after the 12-week period.
• The 12-week period applies to the same role with the same hirer.
• Weeks counted are complete weeks worked in the role, excluding weeks not worked or unpaid by the employer.

Pay and equal treatment after 12 weeks

Describes how agency workers should receive pay and working conditions comparable to direct employees after the qualifying period.

After the 12-week qualifying period, agency workers should be treated the same as if they were directly employed for the same job. This includes pay and basic terms.

For pay, the calculation of a week’s pay is based on the average weekly remuneration over the preceding 12 weeks. This means overtime and other variable pay can count toward the average as long as they form part of normal remuneration.

If hours vary, the rate is adjusted to reflect the average hours over the 12 weeks; weeks when you did not work or were not paid are not counted.

• Week’s pay is calculated using a 12-week lookback to determine the average pay for the job.
• Overtime that is contractually paid can count toward remuneration.
• The 12-week period is based on complete weeks; if you start mid-period, the clock adjusts as needed to cover a representative span.

1. Identify the relevant 12-week window.
2. Calculate the average pay per week based on remuneration during those weeks.
3. Compare with a directly employed worker in the same role to check parity.

Holiday, breaks and facilities for agency workers

Outlines holiday leave, rest breaks, and access to facilities that agency workers should be entitled to after the qualifying period.

Agency workers have entitlements to annual leave under the Working Time Regulations, and the 12-week rule means these rights align with what a directly employed worker would receive for the same role.

Rest breaks and other welfare provisions, including access to facilities at the workplace, should be available on the same basis as permanent staff performing the same work.

• Annual leave is accruable and may be paid in lieu if termination occurs in some circumstances.
• Rest breaks and compensatory rest are provided where applicable.
• Access to facilities (such as canteen or welfare facilities) should be equivalent to the permanent workforce for the same job.

Enforcing rights: time limits for claims

Explains how and when to bring a claim to an Employment Tribunal for agency worker rights, including three-month limits and possible extensions.

If you believe your rights under the Agency Workers Regulations 2010 have been breached, a claim to an Employment Tribunal must usually be brought within three months of the incident or last day of work.

The three-month period can be extended in certain circumstances, such as where mediation or conciliation between the parties is taking place before proceedings begin.

• Claim must be brought within three months of the incident or last working day, with possible extensions if reasonably practicable to do so.
• The tribunal can extend time limits to facilitate conciliation, and remedies may include compensation.
• Gather evidence (payslips, assignment letters, time sheets) to support your claim.],
• step_by_step:[

1. 1. Identify the breach and collect evidence (payslips, contracts, correspondence).
2. 2. Check the three-month time limit and any possible extensions.
3. 3. Contact ACAS for early conciliation if needed.
4. 4. Submit the claim to the Employment Tribunal.

Status, accreditation and how to protect yourself

Discusses status, the role of accreditation schemes for temporary work agencies, and practical steps to protect your rights.

Agency workers are treated as workers (not employees) unless and until a direct employment relationship develops; however, the Agency Workers Regulations 2010 provide specific protections after the qualifying period.

Accreditation for temporary work agencies is one form of assurance that an agency meets certain standards, but it is not a legal requirement. It can help you negotiate and understand what to expect from an agency.

• Ask for a written assignment contract or statement of terms.
• Check whether your agency is part of an accreditation scheme and what protections this implies.
• Keep copies of payslips, assignment letters and any correspondence about rights.

1. 1. Clarify your status (employee vs worker vs temporary contract).
2. 2. Request a clear statement of terms for each assignment.
3. 3. If possible, verify accreditation status and its implications for your rights.