What are Agency Workers Rights (AWR)?
These rights ensure any agency worker is eligible to receive equal pay and the same working conditions as pre-existing staff after 12 continuous weeks of employment.
From Day One
1. You are entitled to workers employment rights from the first day you start work:
- Receive the National Minimum Wage
- Be protected from unlawful deductions from wages
- The statutory minimum level of paid holidays
- The statutory minimum length of rest breaks
- Not work more than 48 hours on average per week (or to opt out of this right if you choose)
- Be protected against lawful discrimination
- Be protected against ‘whistleblowing’ (reporting wrongdoing in the workplace)
- Not be treated less favourably if you work part-time
If your agency withholds your pay:
- Your agency can delay paying you while they get proof of the hours you worked
- Your agency cannot refuse to pay you because your hirer’s unhappy with your work
- You can make a claim to an employment tribunal if your agency is refusing to pay you
2. You have the same rights as permanent colleagues to use shared facilities provided by the employer:
- Canteen and vending machines
- A workplace creche or mother and baby room
- Car parking or transport services, like a local pick-up service or transport between sites
After 12 Weeks Continuous Service
After your first 12 weeks of employment you qualify for the same rights as someone who has been employed directly by the company. This is also known as ‘equal treatment.’
Your rights after 12 weeks include:
- ‘Equal pay’ – the same pay as a permanent colleague doing the same job
- Automatic pension enrolment
- Paid annual leave
Your 12 week qualifying period will start from your first day at work, however the qualifying period will pause during sickness and employment breaks.
Your days will not count if you are off for:
- A break of 6 weeks or less
- Leave due to sickness or injury for up to 28 weeks
- Annual leave you’re entitled to
- Workplace closures, for example for Christmas or industrial action
- Jury service, for up to 28 weeks
Your days will count if you are off for:
- Pregnancy and up to 26 weeks after childbirth
- Adoption leave
- Paternity leave
Your 12 weeks employment will restart if:
- You get a new job at a different workplace
- You have a 6 weeks+ break between jobs at the same workplace
- You stay at your workplace but take on a completely different role
As an agency worker you may be eligible for Statutory Maternity Pay but you cannot claim Statutory Maternity Leave. You will qualify for employee’s pregnancy rights after your first 12 weeks of employment.
It is illegal to discriminate against you on the grounds that:
- You’re pregnant
- You’ve given birth in the last 6 months
- You’re breastfeeding
It’s discrimination if your:
- Agency refuses to place you in a job
- Hirer refuses to hire you
- Job was terminated because you’re pregnant
- Agency refuses to keep you on its books
- Agency offers you only short jobs and gives longer ones to other agency workers
- Hirer will not let you come back after having leave due to maternity
