Agency worker rights: equal treatment after 12 weeks

If you’re placed with a business by an agency, you have rights against both the agency and the business you’re working at, the hirer.

From day one

You can access the hirer’s shared facilities, such as the canteen or parking, on the same terms as their own staff. You’re also entitled to be told about any suitable vacancies going.

After 12 weeks in the same role

Once you’ve worked in the same role, with the same hirer, for 12 continuous weeks, you’re entitled to equal treatment on basic pay and working hours. That equal treatment covers night work, rest periods and rest breaks too. It also covers annual leave.

“Basic pay” means pay for the work itself. Occupational sick pay, maternity pay and pension contributions sit outside that definition. Equal treatment doesn’t automatically extend to those.

The clock can reset

The 12-week qualifying periodThe length of continuous employment you need before you can bring certain claims, most importantly unfair dismissal. The qualifying period for unfair dismissal is currently two years, though some righ... resets if there’s a break in the same assignment of six weeks or more, or if you move to a substantively different role. Repeated short placements with gaps between them can mean you never reach 12 weeks, even over a long relationship with the same hirer.

Who’s responsible

Both the hirer and the agency share legal responsibility for compliance. In practice the hirer carries most of the day-to-day risk, since they control the conditions you actually work under.

Tips specifically

If tips or troncA separate pay arrangement run by a troncmaster rather than your employer, used to share out tips and service charges among staff. A genuine tronc, run by a truly independent troncmaster, keeps those ... are the issue rather than pay generally, see our dedicated guide on your tips if you’re an agency worker.