Understanding the Agency Workers Regulations (AWR) in the UK
Have you ever wondered about your rights when working through a recruitment agency? The Agency Workers Regulations 2010 (AWR) are designed to protect you by ensuring fair treatment in the workplace. These regulations, which came into effect on 1st October 2011, provide temporary workers with important rights that help bridge the gap between agency and permanent employment.
What are the Agency Workers Regulations?
The AWR aim to give agency workers the same basic employment and working conditions they would receive if they had been hired directly by the company they're working for. This means that after a qualifying period, you should be entitled to the same pay, holiday allowance, and working conditions as your permanent colleagues doing the same job.
These regulations originated from EU law but remain a key part of UK employment legislation, providing important protections for the thousands of people who work through agencies across the country.
Who is covered by AWR?
You're likely covered by these regulations if you:
Have a contract with a temporary work agency
Are supplied by that agency to work temporarily for another organisation
Work under the supervision and direction of that organisation
The regulations apply whether you're working in the private, public, or third sector, including for charities and social enterprises.
However, not everyone is covered. If you're genuinely self-employed (working through your own business), engaged under a managed service contract, or work through an in-house temporary staffing bank, AWR typically won't apply to you.
Your rights from day one
From the very first day of your assignment, you're entitled to two key rights:
Access to collective facilities and amenities.
You should have the same access to workplace facilities as permanent staff. This includes canteens, childcare facilities, transport services, car parking, prayer rooms, and staff common areas. Companies can only refuse access if they have objective business reasons for doing so.
Information about job vacancies.
You have the right to be informed about any relevant job vacancies within the hiring organisation. This gives you the same opportunity as permanent staff to find secure employment. This information is typically shared through notice boards or the company intranet.
Rights after 12 weeks
After working in the same role with the same hirer for 12 weeks, you gain additional rights to equal treatment. These 12 weeks don't need to be consecutive – the qualifying period accumulates based on total time in the same role with the same hirer.
Once you've completed the qualifying period, you're entitled to the same basic working and employment conditions as if you had been directly recruited, including:
Equal pay
This includes basic pay, overtime rates, shift allowances, and performance-related bonuses. It doesn't typically cover occupational sick pay, redundancy pay, or benefits tied to long service.
Working time and holiday entitlement
You should receive the same rights regarding working hours, rest breaks, and annual leave. If permanent staff get more than the statutory minimum holiday allowance, you should too after the qualifying period.
Protection for pregnant workers
If you're pregnant and have completed the qualifying period, you're entitled to paid time off for antenatal appointments. If you can't continue your original assignment for health and safety reasons related to pregnancy, your agency should find you suitable alternative work at the same rate of pay.
How breaks affect your qualifying period
Not all breaks in work will reset your 12-week qualifying period. The regulations provide detailed rules about when the clock pauses, continues, or resets:
The clock pauses during breaks of six weeks or less (if you return to the same role), absences due to sickness (up to 28 weeks), annual leave, jury service, and workplace shutdowns.
The clock continues during absences related to pregnancy, maternity leave, paternity leave, and adoption leave.
The clock resets completely if you start a new assignment with a different hirer or take on a substantively different role with the same hirer.
Responsibilities of Select Recruitment and our clients
Both Select as an agency and the hiring organisation have responsibilities under AWR:
We are primarily responsible for ensuring equal treatment in pay and working conditions after the qualifying period.
Our client must provide accurate information about the terms and conditions of their permanent employees to help the agency comply.
The business you are working at is directly responsible for day-one rights (access to facilities and information about vacancies).
What to do if your rights aren't respected
If you believe regulations under AWR are not being observed by your employer, you can:
First try to resolve the issue informally with the agency.
Make a formal written request to your agency for information about your treatment
If unsuccessful, seek advice from ACAS (Advisory, Conciliation and Arbitration Service)
As a last resort, make a claim to an employment tribunal (typically within three months of the issue)
The tribunal can award compensation based on your financial losses if it finds your rights have been breached.
Working with Select Recruitment Specialists
At Select Recruitment Specialists, we're committed to ensuring all our temporary workers receive fair treatment in line with the Agency Workers Regulations. We work closely with our clients to gather the information needed to provide equal treatment for qualifying workers and keep detailed records of assignments to track qualifying periods accurately.
If you're looking for temporary work or seeking talented agency staff for your business, we can help you navigate AWR with confidence. Our experienced consultants understand these regulations inside out and can provide guidance tailored to your specific situation. Get in touch with us today to discuss how we can support your recruitment needs while ensuring full compliance with the Agency Workers Regulations.
For further information about the Agency Workers Regulations, speak to your Select Consultant or visit the gov website.