I'm an agency worker. When do I get equal treatment with permanent staff?

What the Law Says

The right to equal treatment for agency workers is not found in the Employment Rights Act 1996 s. 1 — that section defines 'employee' and 'worker', but does not govern agency worker rights. Instead, the key law is the Agency Workers Regulations 2010 (SI 2010/93), which implement the EU Temporary Agency Work Directive and are retained in UK law post-Brexit. These regulations set out when and how agency workers gain equal treatment rights.

Agency workers are entitled to the same basic working and employment conditions as comparable permanent employees of the hirer — but only after completing a 12-week qualifying period in the same role with the same hirer.

The 12-week period must be continuous or include certain permitted breaks (e.g., sickness, annual leave, jury service). Time spent in different roles or with different hirers does not count toward the 12 weeks.

From day one of the assignment, agency workers have the right to access collective facilities and amenities (e.g., canteens, childcare, transport services) and to be informed about permanent job vacancies with the hirer.

What to Do

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