Agency Workers Regulations: the 12-week rule
If you hire agency staff, the Agency Workers Regulations 2010 (AWR) give them the same basic pay and conditions as your own staff once they have done 12 weeks in the same job with you.
In short
An agency worker qualifies for equal treatment after 12 calendar weeks in the same job with the same hirer. A calendar week is any 7 days from the first day of the assignment, and it counts even if the worker did only a couple of hrs that week. Short breaks, sickness and annual leave pause the count; a new hirer, a substantively different role or a break longer than 6 weeks resets it to zero.
From week 13 the worker is entitled to the same pay, working time, night work rules, rest breaks and annual leave as someone you employ directly in that job. From day one they already have access to your canteen, staff transport and similar shared facilities, and to your job vacancies.
What pauses, resets or keeps the clock running
Think of the qualifying period as a clock running from 0 to 12 weeks. This is the summary in the government's guidance for recruiters.
| What happens | Effect on the clock |
|---|---|
| New assignment with a different hirer | Resets to zero |
| Same hirer, but a substantively different role | Resets to zero |
| Break between assignments longer than 6 weeks | Resets to zero |
| Break of 6 weeks or less, for any reason | Pauses |
| Sickness or injury (for a maximum of 28 weeks) | Pauses |
| Annual leave the worker is entitled to | Pauses |
| Workplace shutdown, for example Christmas | Pauses |
| Jury service (for a maximum of 28 weeks) | Pauses |
| Industrial action | Pauses |
| Pregnancy, and the 26 weeks after childbirth | Keeps counting* |
| Statutory maternity, paternity or adoption leave | Keeps counting* |
* The clock keeps counting only for the originally intended length of the assignment, or its likely length if that is longer.
A substantively different role means genuinely new work: a mix of different skills or training, pay rate, location or working hours. The agency should confirm a role change to the worker in writing.
What it means for your business
- Know your own pay. Equal treatment compares the agency worker with what they would get if you had recruited them directly into the same job. If your own cleaners earn more than the agency pays, the rate goes up from week 13.
- Count across agencies. Weeks with the same hirer in the same job count even if the worker moves from one agency to another.
- No rotating to dodge it. The regulations include anti-avoidance rules. Structuring assignments to stop a worker ever reaching 12 weeks can lead to a tribunal award.
- Day-one rights (facilities and vacancies) are the hirer's responsibility, not the agency's.
Gangal Go contract bookings run past week 12, so our pricing page notes that from week 13, rates may be reviewed if equal-treatment rules require higher pay. It also shows how booking length sets the rate, or get a figure in the instant price calculator.
This page explains the rules in general terms and is not legal advice. For a specific case, read the guidance below or ask Acas.
Sources
Figures checked against GOV.UK on 12 October 2026. UK rates change every April; check the source before you rely on a figure. This page is general information, not legal or tax advice.
- GOV.UK: Agency Workers Regulations 2010, guidance for recruiters (rates as of guidance updated 25 March 2026)
- GOV.UK: Your rights as an agency worker
- GOV.UK: Using a recruitment agency to find staff
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