Agency Workers Regulations (AWR)
give UK agency workers day-one rights (access to facilities and vacancies) and, after 12 weeks in the same role, equal basic pay, holiday and working conditions with comparable direct employees. The rules bind agencies and hirers jointly.
The 12-week clock and what changes
Weeks in the same role with the same hirer accumulate across gaps up to six weeks; role changes must be genuine to reset the clock, and anti-avoidance rules catch rotation patterns. At week 12 the worker’s basic terms — pay scales, overtime rates, holiday, working time — must match what a direct recruit would receive.
Liability follows information: hirers must give agencies accurate comparator terms; agencies must apply them. Umbrella employment does not switch off AWR; the pay-between-assignments exemption was largely closed years ago.
FAQ
Does AWR apply to contractors through umbrellas?
Yes where the individual works under the hirer’s supervision and direction — the umbrella employment wrapper does not remove agency-worker status. Genuinely self-employed PSC contractors outside supervision fall outside AWR, mirroring the IR35 logic.
Who pays if equal treatment is breached?
Tribunals apportion between agency and hirer by responsibility: the hirer for bad comparator information, the agency for not applying terms it knew. In practice claims settle across both — which is why contracts between them allocate AWR data duties explicitly.