Agency Workers in England, Wales and Scotland

Who this guide is for

Agency workers in England, Wales or Scotland who want to know which rights they have from day one, and when and how they get the same pay and conditions as staff hired directly.

What this guide does not cover

• Work in Northern Ireland: see the Northern Ireland guide.
• The minimum wage: use the minimum wage checker. Refusing unsafe work: use the health and safety checker. Reporting wrongdoing: use the whistleblowing checker.
• Whether you are an employee, a worker or self-employed: use the worker or self-employed checker.
• Umbrella companies, tax, and fees an agency can charge a hirer who takes you on permanently. This guide does not cover these: ask Acas.
• Exactly which breaks pause or restart the 12 weeks beyond the rules below. Ask Acas or Citizens Advice.

The questions that decide the answer

1. Have you done 12 weeks in the same job with the same hirer? If yes, equal pay and conditions apply. If not, you have the day one rights only.
2. Have there been breaks, or a change of job? Breaks of up to 6 weeks pause the count if you go back to the same job. A different job starts the 12 weeks again.
3. What is the difference you are complaining about? Only some kinds of pay count for equal pay.
4. Is it the agency or the hirer? Day one rights are the hirer's. Pay after 12 weeks usually goes through the agency.

"What do I get from day one?"

From the first day of an assignment, the hirer must give you the same access as its own staff to on-site facilities, such as a staff canteen, food and drinks machines, showers, childcare and car parking, and must tell you about job vacancies where you work, unless they are only open to staff at risk of redundancy.

"Do I get the same pay after 12 weeks?"

If you have been in the same job for 12 weeks or more, you should get the same basic pay and conditions as people hired directly by the hirer who do the same work as you in the same place. This covers pay, working time, night work, rest periods and breaks, annual leave, and paid time off for antenatal appointments.

For equal pay, pay includes basic pay, holiday pay, overtime, shift allowances, unsociable hours premiums and bonuses linked to the amount or quality of your own work. It does not include company sick pay, pension contributions, maternity, paternity or adoption pay, redundancy pay, or bonuses not linked to your own work, such as rewards for loyalty or long service.

The right to equal pay starts after the 12 weeks. It does not go back to the first day of the assignment.

"How are the 12 weeks counted?"

Any week in which you have done some work counts. You do not always have to work 12 weeks without a break. The count is paused if you stop working for up to 6 weeks and then go back to the same job.

You start the 12 weeks again if you start a different job, even in the same organisation. If you have stopped working for more than 6 weeks, or are not sure whether you have done 12 weeks, ask Acas or Citizens Advice.

"My contract says the agency pays me between assignments"

Since 6 April 2020, a contract where the agency pays you between assignments (the "Swedish derogation") no longer takes away your right to equal pay after 12 weeks.

"What paperwork should I get?"

If you joined your agency on or after 6 April 2020, it must give you a written statement describing the job, your hours and your holiday or sick pay, and a key information document that explains how your pay is calculated. You should get the key information document before you start working with them, and a new one if the information changes.

If your agency will not give you this information, you can make a complaint about the agency on GOV.UK.

"I'm not getting my rights"

Talk to the agency or the hirer first. You can make a written request for information: to the hirer about your day one rights, or to the agency about equal pay and conditions after 12 weeks. They must reply within 28 days.

You can make a claim to an employment tribunal if your rights have been breached. Before most claims, you must notify Acas to start early conciliation. It is free. Your time limit is paused while conciliation runs, but only if you notify Acas within your time limit.

Whether you are an employee or a worker depends on your contract with the agency. Workers who are not employees cannot claim unfair dismissal.

Deadlines you must meet

• Most tribunal claims: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit, so that the clock is paused.
• Your exact date depends on your facts: the tribunal deadline checker works it out.

Traps

• Equal pay starts after 12 weeks. It is not back-dated to week 1.
• A new job with the same hirer starts the 12 weeks again.
• The Swedish derogation cannot be used in Great Britain since 6 April 2020. It still exists in Northern Ireland.
• Company sick pay, pensions and redundancy pay are not part of equal pay.
• Do not use Northern Ireland rules here.