Working as a temporary worker (often referred to as a ‘temp’) can offer flexibility, variety, and an opportunity to gain experience in different sectors. However, understanding your rights can sometimes feel confusing, especially when it comes to what you are entitled to after working for a company for a certain period. If you've been working on assignment for 13 weeks, it's important to know that the Agency Workers Regulations (AWR) give you certain rights that ensure you're treated fairly.

Let’s break down exactly what these regulations mean for you, especially after you’ve completed 12 weeks on the same assignment.

What are the Agency Workers Regulations?

The Agency Workers Regulations 2010 were introduced to ensure that temporary workers are not treated less favourably than permanent employees who do the same job. These regulations give you the right to the same basic working conditions as permanent staff once you've completed 12 weeks in the same role with the same employer.

Before this period, you’re entitled to certain Day 1 Rights, which include access to collective facilities (such as the company canteen or workplace crèche) and information about job vacancies. But after 12 weeks, your entitlements become much more significant.

What Happens After 12 Weeks?

Once you have been on assignment for 12 weeks with the same employer, you’re entitled to equal treatment in key areas of pay, holidays, and other working conditions. Here’s a closer look at what that means:

1. Equal Pay

After 12 weeks, you should be paid the same as someone doing the same job, directly employed by the company. This includes:

• Basic Pay: Your pay should be aligned with what a permanent employee earns for the same work.
• Bonuses: If the company offers bonuses related to performance, sales targets, or quality of work, you are also entitled to these. However, bonuses related to length of service or loyalty are not included.
• Overtime Pay: If permanent employees are paid overtime after a certain number of hours, you should be too, provided you meet the same conditions.

2. Holiday Entitlement

In addition to your statutory holiday entitlement of 28 days (which includes bank holidays), you may also be entitled to any additional holiday allowances offered to permanent staff. For example, if permanent employees receive more than 28 days of paid leave, you should receive the same once you reach the 12-week mark.

3. Working Hours and Rest Breaks

Your working time, rest periods, and breaks must be the same as those for permanent staff. For example, if permanent staff are entitled to an hour-long lunch break, you should also receive this after your qualifying period. This also applies to night shifts and restrictions on maximum weekly working hours.

4. Paid Time Off for Antenatal Appointments

If you’re pregnant, once you’ve reached 12 weeks on assignment, you’re entitled to paid time off for antenatal appointments. This is an important benefit designed to ensure your health and well-being while working.

How is the 12-Week Qualifying Period Calculated?

It’s important to understand how your 12-week qualifying period is worked out. The 12 weeks don’t have to be consecutive. For example, if you work part-time or have short gaps between assignments with the same employer, these weeks can still count towards your qualifying period.

However, the clock can reset if:

• You start a new assignment with a different employer.
• You take a break of more than 6 weeks between assignments.
• You move to a substantively different role with the same employer (for example, from working on the production line to a different department).

If you have a break of less than 6 weeks or if you take sick leave or holiday, these breaks usually don’t stop the clock, meaning your weeks still count towards your total.

What if Your Rights Are Not Honoured?

If you feel that your rights under the AWR are not being respected, you have the right to raise this with your temporary work agency (TWA) or the hirer (the company where you are working). It’s the agency’s responsibility to ensure you’re being treated fairly in line with the regulations. You can also seek advice from organisations like Acas (Advisory, Conciliation and Arbitration Service), which can offer guidance on how to resolve disputes.

If an issue isn’t resolved, you may be able to take your case to an Employment Tribunal, where any breaches of your rights can be addressed.

Final Thoughts

Understanding your rights as a temporary worker is crucial. After 12 weeks of working in the same role, you are entitled to the same basic working conditions as permanent employees. This includes fair pay, holidays, and working hours. Being aware of these rights empowers you to ensure that you’re treated fairly and compensated appropriately for the work you do.

Remember, these regulations are in place to protect you and ensure that being a temp doesn’t mean you’re left out when it comes to benefits and pay.

If you're a temp worker in the UK, make sure you're getting what you're entitled to after 12 weeks – it’s your right!

Read the full regulations here: 11-949-agency-workers-regulations-guidance.pdf

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