What Are the Agency Worker Regulations (AWR)?

What Are the Agency Worker Regulations (AWR)?

If you’re working through an agency or umbrella company, you’ve probably heard of the Agency Worker Regulations 2010 (AWR). These rules exist to make sure agency and temporary workers are treated fairly – giving you access to the same basic rights and working conditions as permanent staff after a qualifying period.

Here’s a clear breakdown of what they mean for you.

Understanding the basics

The AWR were introduced to stop unfair treatment of agency workers who often work alongside permanent employees but under different terms.

In simple terms, if you’re supplied to a client by an agency (whether you’re paid directly by that agency or via an umbrella company), you’re covered by the AWR.

Your “Day-One” rights

From your first day on assignment, you have the right to:

• Access the same on-site facilities as permanent staff – such as the canteen, staff room, childcare, or transport services.
• Be told about internal job vacancies within the client’s business so you can apply just like a permanent employee.

These rights apply automatically from the start of your first day with a hirer. You don’t have to “earn” them.

Your “12-Week” rights

Once you’ve worked in the same role with the same hirer for 12 calendar weeks, you gain additional rights, mainly focused on equal treatment.

That means you should receive:

• The same basic pay as someone doing a similar role directly employed by the hirer.
• The same working hours, overtime rates, rest breaks, and annual leave entitlement.
• Access to the same bonuses or incentives linked to individual performance (but not company-wide profit or share schemes).

These rights don’t mean you become a permanent employee, but they do ensure you’re treated fairly while on assignment.

How the 12-week clock works

Your 12-week qualifying period starts from your first day of work with the same hirer in the same role.

The clock pauses (but doesn’t reset) if:

• You’re off sick, on annual leave, or on jury service.
• The client temporarily closes (for example, during a shutdown period).

The clock resets if:

• You move to a new hirer (a different client).
• You take a break of more than six weeks between assignments.
• You start a new role that’s substantially different in duties or responsibilities.

Your umbrella or agency should help track this for you, but it’s a good idea to keep your own record of assignments and dates.

What this means for umbrella workers

Even though your umbrella company is your legal employer, the AWR focuses on the hirer’s workplace, where you actually perform the work.

Here’s how it applies in practice:

• Your umbrella ensures you’re paid correctly and receives confirmation from the agency about your qualifying status.
• Once you reach 12 weeks, your pay rate should reflect the equivalent rate for someone directly employed by the client.
• If you take breaks or switch roles, your umbrella and agency will jointly confirm whether your clock pauses or resets.

In short: your umbrella handles the employment side, but your rights under AWR depend on the conditions of your assignment and how long you’ve been in it.

What if your rights aren’t being respected?

If you believe you’re not being treated fairly, you can:

1. Ask for information from your agency or umbrella company about how your pay and conditions were compared with permanent staff.
2. If the issue isn’t resolved, you can raise a formal grievance through your umbrella company or contact ACAS for free advice.

Keeping written records of your assignments, rates, and communications will make it easier to resolve any disputes.

Quick checklist for contractors

• Keep track of your start dates and any breaks between assignments.
• Ask your agency how they’ve compared your rate to permanent staff after 12 weeks.
• Don’t assume the 12-week clock resets automatically if you change tasks — check first.
• Speak to your umbrella if you’re unsure whether you’ve reached the qualifying period.

Quick FAQ

Need help or have questions?

If you’re unsure about your AWR rights or whether your 12-week period has been reached, our friendly team is happy to help.