The Agency Workers Regulations give agency workers equal treatment on basic working and employment conditions once they have completed a qualifying period in the same role with the same hirer. Some rights apply from day one.
Two tiers of right
- From day one: access to shared facilities such as canteens and childcare, and information about internal vacancies
- After the qualifying period: the same basic pay, working time, rest breaks and annual leave as a comparable direct recruit
Where responsibility sits
The hirer must supply the information needed to establish comparable terms, and the agency is generally responsible for delivering equal treatment. Both can be liable for their respective failures, so neither can rely entirely on the other. Attempts to reset the qualifying clock by rotating assignments or substituting the engaging entity are specifically addressed as anti-avoidance.
Why it matters when hiring internationally
Long-running temporary arrangements in the UK do not stay outside employment norms indefinitely. Companies using agency labour as a way to avoid the cost profile of direct employment tend to find the difference narrows once the qualifying period passes, which changes the economics of the decision.