Agency Workers Regulations (AWR) — your rights after 12 weeks
The Agency Workers Regulations 2010 (AWR) give temporary and agency workers important protections — but many workers (and some businesses) don't fully understand them. This guide explains what you're entitled to from day one, what changes at 12 weeks, and how FlexStaff tracks this on your behalf.
What are the Agency Workers Regulations?
The AWR apply to workers supplied by an employment agency (or staffing platform) to work at a hirer's premises. At FlexStaff, this means workers placed at client businesses through our platform.
The regulations create two tiers of rights:
- Day-one rights — apply from the very first shift
- Week-12 rights — apply after a 12-week qualifying period in the same role at the same hirer
Day-one rights
From your first shift at any hirer, you are entitled to:
Access to shared facilities. This includes the staff canteen, rest areas, car parking (where available to permanent staff), and childcare facilities. Hirers cannot exclude agency workers from these.
Access to information about permanent job vacancies. If the hirer is advertising for permanent roles that you might be eligible for, they must make that information available to you. They don't have to guarantee you an interview, but they can't hide the opportunity.
These rights apply regardless of how long you have been working there. If a hirer denies you access to facilities or withholds vacancy information, that is a breach of the AWR.
Week-12 rights — what changes after 12 weeks
After completing 12 continuous weeks in the same role at the same hirer, your rights expand significantly.
Equal pay
You become entitled to the same basic pay as a comparable permanent employee doing the same or broadly similar work. This includes:
- Basic hourly rate
- Overtime rates (if permanent employees receive enhanced overtime)
- Shift allowances
- Annual leave pay (calculated on the same basis as permanent staff)
It does not include benefits that are conditional on longer service — such as a loyalty bonus paid only to employees who have been there 2+ years.
Equal working time rights
- The same rest breaks as permanent employees
- The same limits on working hours
- Night shift protections on the same terms
Annual leave
You are entitled to the same number of annual leave days as comparable permanent employees if this exceeds the statutory 5.6 weeks minimum.
What counts as the qualifying 12-week period?
Weeks count toward the 12-week period if you work any part of that week in the same role at the same hirer. The clock continues even if you take short breaks — for example, a week's holiday or public holidays do not reset the count.
The clock does reset if:
- You take a break of 6 or more weeks (for reasons other than annual leave, sickness, or pregnancy)
- You change to a substantively different role at the same hirer
- There is a deliberate break engineered by the hirer to avoid week-12 rights — this is unlawful
Important: Hirers are legally prohibited from structuring assignments to avoid the 12-week qualifying period. If you believe your assignments are being artificially broken, you may have grounds for a claim.
How to track your qualifying period
Keep a simple record: dates worked, hirer name, role. You need to demonstrate continuity in the same role at the same hirer.
FlexStaff maintains a record of all your shifts. If you have been working regularly at the same business through FlexStaff, you can request your shift history from support@flexstaff.co.uk at any time.
How FlexStaff handles AWR compliance
FlexStaff has an AWR Tracker built into our admin platform. We monitor qualifying periods for workers assigned to the same hirer and flag workers approaching the 12-week threshold.
When a worker reaches week 12:
- FlexStaff notifies the hirer of the worker's new entitlements
- The hirer confirms the rate of comparable permanent employees (or confirms there are no comparable employees)
- If a pay uplift is required, it is applied from the beginning of the following pay period
Workers can also see their AWR status in their FlexStaff account. If you have questions about your qualifying period or believe your rights have not been respected, contact us and we will investigate.
Questions about your AWR status? Email us at support@flexstaff.co.uk or raise a ticket in the app. We respond within one business day.