Key points
- Agency workers have some rights from their first day with a hirer.
- After 12 weeks in the same role with the same hirer, they are entitled to the same basic pay and conditions as a direct recruit.
- Any part of a calendar week counts as a week. Some breaks pause the clock; others reset it.
Rights from day one
From their first day, an agency worker is entitled to:
- Access to the hirer’s collective facilities and amenities, such as a canteen, childcare facilities and transport services.
- Information about relevant job vacancies with the hirer, so they can apply on the same basis as other workers.
Rights after 12 weeks
Once an agency worker has completed 12 weeks in the same role with the same hirer, they become entitled to the same basic working and employment conditions they would have received if the hirer had recruited them directly. This covers pay, including holiday pay, overtime and shift allowances, and working time, including rest breaks and annual leave.
How the 12 weeks are counted
The qualifying period is counted in calendar weeks. Any part of a week worked counts as a full week, so a single shift in a week counts towards the 12. Weeks do not have to be consecutive.
Breaks that pause or reset the clock
Some breaks pause the count, which then continues when the worker returns. Others reset it to zero.
- Breaks of up to six weeks, for any reason, pause the count.
- Some longer breaks also pause it, for example sickness of up to 28 weeks, annual leave and jury service.
- Breaks for pregnancy, childbirth and maternity, and for paternity, adoption or shared parental leave, count towards the 12 weeks.
- A break of more than six weeks for other reasons, or a move to a substantively different role, starts the count again.
Responsibilities of agencies and hirers
The agency is generally responsible for giving equal pay once a worker qualifies, using information about comparable conditions supplied by the hirer. The hirer is responsible for day-one rights. Both can share liability where things go wrong, so the information flow between them matters.
The regulations also contain anti-avoidance rules aimed at structuring assignments to stop workers reaching 12 weeks.
How Orca helps
Orca counts each worker’s qualifying weeks with each hirer from the attendance it already records, and flags workers who are approaching 12 weeks. The gaps between assignments are visible, so you and your advisers can see how a break affects the count and plan equal treatment in time.
Questions
Does a single shift count as a week?
Yes. Any part of a calendar week worked counts as a full week towards the 12.
Does a holiday reset the 12 weeks?
No. Annual leave pauses the count, and it continues when the worker returns.
Official sources
This guide is general information, not legal or tax advice. Rules change: check the official sources and take advice on your own situation.