Agency workers have specific legal rights — some from day one, others after 12 weeks of working for the same hirer. This guide explains the Agency Workers Regulations 2010 and what you can claim.
Agency workers are often treated as a flexible, low-rights workforce — but UK law gives them substantial protections. Some rights apply from the first day of an assignment; others kick in after 12 weeks. Understanding what you are entitled to can make a real difference to your pay and working conditions.
Agency workers' rights come from the Agency Workers Regulations 2010 (AWR), which implement the EU Temporary Agency Work Directive in the UK. Post-Brexit, these rights remain in UK domestic law.
Under the AWR, you are an agency worker if:
If you have genuine self-employed status (i.e. you genuinely run your own business and are not obliged to personally perform the work), the AWR may not apply.
From the very first day of your assignment, you have the right to:
This includes:
You must be given access to these on the same basis as comparable permanent workers employed by the hirer — unless objective justification exists for different treatment.
Your hirer must tell you about relevant internal job vacancies — typically by posting them on the hirer's intranet or noticeboard. You do not have the right to be given the job, but you must be informed of opportunities.
After 12 calendar weeks working in the same role with the same hirer, you acquire the right to the same basic working and employment conditions as if you had been directly employed by the hirer from day one. This is the core equal treatment right.
Your 12-week qualifying period is not broken by:
The qualifying period is broken by a new role with the same hirer, or a break of more than 6 weeks for any other reason.
Once you have completed 12 weeks in the same role:
Pay: You must be paid the same basic pay as a comparable permanent worker at the hirer doing the same role — including pay for overtime, shifts, and any other directly related payments. "Pay" includes:
Working time: You are entitled to:
Before April 2020, agencies could use a "Swedish Derogation" model to opt out of the 12-week equal pay right by paying workers between assignments. This was abolished by the Agency Workers (Amendment) Regulations 2019. Since 6 April 2020, all agency workers have the right to equal pay after 12 weeks, regardless of the contract type.
The AWR gives you equal treatment in basic working conditions — it does not give you all the same rights as a direct employee. For example, agency workers (as workers, not employees) generally do not have:
Whether you are a worker or an employee depends on your specific contract and working arrangements.
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