Agency Worker
An agency worker is a person engaged by a business through a recruitment or staffing agency. After 12 weeks in the same role with the same hirer, agency workers are entitled to the same basic working and employment conditions as directly employed workers under the Agency Workers Regulations 2010. They have the right to access the hirer's vacancies and collective facilities (such as a canteen or childcare) from day one.
The 12-week qualifying period resets if the agency worker moves to a substantively different role, takes a break of six weeks or more (for reasons other than certain specified absences such as maternity leave or illness), or if the hirer deliberately structures assignments to avoid the qualifying period (known as 'Swedish derogation' — which was abolished for new contracts from 6 April 2020). After qualifying, agency workers are entitled to the same pay, working time, night work limits, rest periods, and paid annual leave as comparable direct employees. The agency and hirer are jointly responsible for compliance. Agency workers can bring claims to an Employment Tribunal for breach of the Regulations, subject to the usual three-month time limit.