Agency Worker Regulations and temp agency compliance
What the AWR asks of you, how the 12 week clock works, and the other duties that sit alongside it when you supply temps.
What are the Agency Worker Regulations?
The Agency Workers Regulations 2010 give temps supplied through an agency rights to the hirer's shared facilities and job vacancies from day one, and, after 12 weeks in the same role with the same hirer, the same basic pay and working conditions as if they had been recruited directly. They sit alongside the Conduct Regulations, right to work checks and reference checks.
The Agency Worker Regulations in plain English
The Agency Workers Regulations 2010 (often shortened to AWR) apply when a worker has a contract with an agency but works temporarily under the supervision of a hirer. They do not cover the genuinely self-employed, or people placed into permanent roles. Acas and GOV.UK publish full guidance for both agencies and workers.
Rights from day one
- Access to the hirer's shared facilities, such as a canteen, staff room, childcare or transport services.
- Information about relevant job vacancies at the hirer, on the same basis as their own staff.
Rights after 12 weeks
Once a temp has worked in the same role with the same hirer for 12 calendar weeks, they are entitled to the same basic working and employment conditions they would have had if recruited directly. That covers pay, working time, night work, rest periods and breaks, and annual leave. Since April 2020 the old "Swedish derogation" pay model can no longer be used to opt out of equal pay.
How the agency worker regulations 12 weeks are counted
Any week in which the temp works for the hirer, even for part of a day, counts towards the 12. The clock starts again if they move to a new hirer, to a role that is substantively different with the same hirer, or return after a break of more than six weeks. Some breaks pause the clock instead, such as annual leave, sickness up to 28 weeks, jury service and planned workplace shutdowns. Pregnancy and maternity-related absence keeps the clock running. Structuring assignments to stop someone reaching 12 weeks is not allowed, and a tribunal can treat the worker as qualified.
The other duties around the AWR.
The AWR is about how temps are treated once they are working. These are the checks and documents that come before.
Conduct Regulations
Confirm identity, experience and qualifications before supply. For roles with vulnerable people, two references from non-relatives.
Key information document
Work-seekers must receive a key information document before agreeing terms, setting out pay and who pays them.
Right to work
Check before the work starts, following Home Office guidance, to keep a statutory excuse. See right to work checks.
References and history
Confirm the experience you are selling to the client and explain gaps. This is the part RefAssure handles.
Pay and umbrellas
National Minimum Wage applies, and since April 2026 agencies can be jointly liable for umbrella PAYE failures.
Licences and DBS
Gangmaster licensing in food and farming, DBS for eligible roles, and SIA licences for security. Each has its own body.
The reference part, handled.
RefAssure collects references and employment history for each temp, with a signed record you can show a client or the Fair Work Agency.
- Candidate consent with signature before any referee is contacted
- 5 emails and up to 2 texts over 12 days, stopping on reply
- Timestamped PDF audit trail for every worker
- From 80p a reference, no monthly fee, no VAT added
Who enforces temp agency compliance?
Agency workers enforce their AWR rights through an employment tribunal, and liability can be shared between the agency and the hirer depending on who caused the breach. The Conduct Regulations and the Employment Agencies Act are enforced by the Fair Work Agency, which took over the work of the Employment Agency Standards Inspectorate in April 2026 alongside gangmaster licensing and minimum wage enforcement.
For an agency owner, that means two kinds of evidence matter: proof that temps were treated correctly once working, and proof that they were checked properly before they started. Your payroll and timesheet records cover the first. Your onboarding file covers the second, and references are often the weakest part of it. See recruitment agency compliance and the Conduct Regulations guide.
Agency Worker Regulations questions
More in the full FAQs.
What is the 12 week rule for agency workers?
After 12 calendar weeks in the same role with the same hirer, an agency worker gets the same basic pay and conditions as a directly recruited employee. Breaks of more than six weeks, or a new hirer or substantively different role, restart the count.
Does the AWR apply from day one?
Partly. Access to shared facilities and to information about job vacancies applies from the first day. Equal pay and conditions start after the 12 week qualifying period.
Do the Agency Worker Regulations require references?
No. The AWR is about treatment once working. Reference duties come from the Conduct Regulations, sector rules and client contracts. See temp worker references.
Are umbrella company workers covered by the AWR?
They can be, if they are supplied through an agency to work under a hirer's supervision. Being paid through an umbrella does not by itself remove AWR rights. See umbrella company references.
Who is responsible for AWR compliance, the agency or the hirer?
Both have a part. The hirer must provide day one facilities and vacancy information, and should give the agency the information needed to set equal pay. Liability for breaches can fall on either, depending on who was at fault.
Does RefAssure help with AWR compliance?
Not with pay or the 12 week clock. RefAssure handles the references and employment history part of onboarding, with a signed PDF audit trail for each temp.
What does RefAssure cost?
Your first reference is free. Then from 99p down to 80p a reference, with no monthly fee and credits that never expire. See pricing.
Related guides
One less compliance job on your desk.
Your first reference is free. RefAssure chases referees and files the evidence.