What is the 12-week rule for agency workers?

Under the Agency Workers Regulations 2010, after 12 continuous weeks in the same role at the same hirer, you're entitled to the same basic working conditions as if you'd been recruited directly. This includes equal pay (same as a comparable permanent employee doing the same job), equal access to facilities (canteen, parking, childcare), and information about permanent vacancies. The 12 weeks don't reset if you take a short break — they only reset if you start a genuinely new role.

Do agency workers get holiday pay?

Yes — agency workers are entitled to 5.6 weeks (28 days) of paid holiday per year from day one of the assignment, before the 12-week qualifying period. Holiday pay should be calculated based on your average weekly earnings. Some agencies include holiday pay in your hourly rate ('rolled-up holiday pay'), which means your rate is slightly higher but you don't get separate paid time off. Both methods are now legal in the UK.

Can agency workers get sick pay?

Yes — agency workers can qualify for Statutory Sick Pay (SSP) if they earn at least £123 per week on average. Your agency (as your employer) must pay SSP — not the hirer. You get £116.75/week for up to 28 weeks. Some agencies also offer enhanced sick pay above the statutory minimum. If you don't qualify for SSP, you may be eligible for Universal Credit or ESA.

Can my agency stop giving me work if I complain about my rights?

No — it's unlawful for your agency or the hirer to treat you unfavourably because you've asserted your rights under the Agency Workers Regulations. This includes reducing your work, ending an assignment, or not offering future work. If this happens, you can bring a claim to an employment tribunal. You're protected from day one — you don't need to wait 12 weeks for this protection.

Agency Worker Rights UK — The 12-Week Rule, Pay, and Protections | PocketWise

Around 1 million people in the UK work through employment agencies. You have specific legal rights from day one — and more rights after 12 weeks. Here’s what you’re entitled to.

For the wider cluster covering redundancy, statutory pay, leave rights, contract protections, and dispute routes, use the main Employment Rights hub.

Your Rights from Day One

Right	Detail
National Minimum Wage / National Living Wage	Must be paid for all hours worked
Paid holiday	5.6 weeks per year (28 days full-time equivalent)
Rest breaks	20 minutes after 6 hours, 11 hours between shifts
Working time limits	Maximum 48 hours/week (unless you opt out in writing)
Protection from discrimination	Same as any other worker
Health and safety protection	Hirer must provide safe working conditions
Access to job vacancies	Must be told about permanent vacancies at the hirer
Access to shared facilities	Canteen, car parking, childcare facilities
Right to written terms	Your agency must give you a written statement of terms

Rights After 12 Weeks (The 12-Week Rule)

After 12 continuous calendar weeks in the same role at the same hirer, you gain:

Right	Detail
Equal pay	Same basic pay as a comparable permanent employee
Equal overtime rates	Same overtime and shift allowances
Equal bonus entitlement	Same performance and annual bonuses
Same annual leave entitlement	If permanent staff get more than 28 days, you get the same
Equal rest periods	If permanent staff have longer breaks
Working time protections	Same as permanent staff (night work limits, etc.)

What Counts Toward the 12 Weeks?

Situation	Does the clock reset?
Continuous weeks in the same role	No — keeps counting
Short break (up to 6 weeks) for any reason	No — clock pauses, doesn’t reset
Break of up to 28 weeks for pregnancy/maternity	No — clock pauses
Break for sickness or injury (up to 28 weeks)	No — clock pauses
Break for jury service (any length)	No — clock pauses
Workplace closure (e.g. Christmas shutdown)	No — clock pauses
Break over 6 weeks	Yes — clock resets to zero
Moved to a substantially different role at the same hirer	Yes — new role, new 12-week count
New assignment at a different hirer	Yes — different workplace, different count

Equal Pay After 12 Weeks

Pay element	Must be equal?
Basic hourly/daily rate	Yes — same as comparable permanent employee
Overtime rates	Yes
Shift allowances	Yes
Performance bonuses	Yes (if linked to output)
Annual bonuses	Yes (pro-rated for time worked)
Commission	Yes
Vouchers (e.g. childcare vouchers)	Yes — if given to permanent staff
Holiday pay	Yes — if permanent staff get more than statutory
Occupational pension	No — not covered by the regulations
Redundancy pay	No — not covered
Maternity/paternity pay	No — statutory minimums apply

How to Find Out What Permanent Staff Earn

Method	Detail
Ask your agency	They should request this information from the hirer
Check the company’s careers page	May show advertised salaries for similar roles
Ask colleagues (carefully)	You have a legal right to discuss pay
Submit a formal request	Request the hirer’s pay information through your agency

Holiday Pay

Detail	Information
Entitlement	5.6 weeks (28 days) per year — from day one
Calculation	Based on average weekly earnings
Rolled-up holiday pay	Some agencies include 12.07% in your hourly rate
Can you take actual time off?	You should be able to book and take holiday
What if you’re not given holiday?	This is a legal right — raise with your agency, then ACAS

Rolled-Up Holiday Pay Example

Detail	Amount
Base hourly rate	£12.00
Rolled-up holiday pay (12.07%)	£1.45
Total hourly rate	£13.45
But no separate paid holiday	You’re not paid when you take time off

Sick Pay

Detail	Information
SSP eligibility	Average earnings of £123+/week
SSP rate	£116.75/week
Who pays?	Your agency (as your employer)
Duration	Up to 28 weeks
If you don’t qualify	Apply for UC or ESA

Pension

Detail	Information
Auto-enrolment	From day one (if aged 22+, earning £10,000+/year)
Minimum contributions	5% employee, 3% employer
Who provides it?	Your agency (as your employer)
Workplace pension access (hirer’s scheme)	Not required after 12 weeks — pension is excluded from equal treatment

Common Problems and Solutions

Problem	What to do
Not being paid NMW	Contact HMRC: 0300 123 1100
No holiday pay	Raise with your agency → ACAS → employment tribunal
Not getting equal pay after 12 weeks	Ask agency to confirm comparable permanent rates → ACAS
Agency says 12 weeks don’t apply (role changed)	Challenge if the role is substantially the same
Hirer ends your assignment after you raise concerns	This may be unlawful — contact ACAS about unfair treatment
Agency deducting fees for finding work	Illegal — agencies cannot charge workers for finding them work
Agency withholding pay	Contact ACAS and consider employment tribunal claim
Not told about permanent vacancies	Raise with agency/hirer — this is a day-one right

Swedish Derogation (Abolished)

Detail	Information
What it was	A contract type that let agencies avoid equal pay after 12 weeks by paying between assignments
Current status	Abolished from April 2020
Implication	If you’re still on a “Swedish derogation” contract, it’s no longer valid — you should receive equal pay after 12 weeks

Agency Workers vs Other Worker Types

Feature	Agency worker	Zero hours	Permanent employee
Employer	The agency	The company	The company
Holiday pay	Yes (from day one)	Yes	Yes
SSP	Yes (if earnings qualify)	Maybe	Yes
Equal pay	After 12 weeks	No entitlement	N/A
Unfair dismissal protection	No (generally)	After 2 years	After 2 years
Redundancy pay	No	After 2 years (if employee status)	After 2 years
Notice period	As per contract (often 1 week)	Statutory minimum	Contractual
Pension auto-enrolment	Yes	Yes (if eligible)	Yes

Agency Worker Rights UK — The 12-Week Rule, Pay, and Protections

Contents