Under reg.5(1) of the Agency Workers Regulations 2010 (SI 2010/93), agency workers who have worked in the same role with the same hirer for 12 continuous weeks have the right to receive the same basic terms and conditions as if they had been recruited directly by the hirer. Regulation 7(5) provides that, in certain circumstances, the 12-week qualifying period is paused where there is a break between or during assignments, and continues to accrue when the agency worker returns to the same role with the same hirer.
| Breaks that pause the qualifying period |
| A break for any reason that is no longer than six weeks |
| A break of up to 28 weeks due to the fact that the agency worker cannot work due to sickness or injury, as long as he or she has provided such written evidence as the temporary work agency reasonably requires |
| A break related to pregnancy, maternity or childbirth that occurs in the period between the start of the pregnancy and the end of the 26th week after the birth or, if earlier, when the agency worker returns to work1 |
| A break for the purpose of taking maternity, paternity or adoption leave1 |
| A break for the purpose of taking time off or leave to which the agency worker is entitled, which is not maternity, paternity or adoption leave, for example annual leave |
| A break of up to 28 weeks to perform jury service |
| A break caused by a regular and planned shutdown at the hirer's establishment |
| A break due to industrial action at the hirer’s establishment, including a strike or lock-out |
| A break due to more than one of the above reasons, excluding the first reason (a break for any reason that is no longer than six weeks) |
1Where the assignment would have continued but for the agency worker taking leave for this purpose, when calculating the number of weeks that the agency worker has worked, he or she is deemed to be working for the intended or likely length of the assignment, whichever is longer.
The XpertHR FAQs section provides answers to frequently asked questions on calculating the 12-week qualifying period:
The XpertHR employment law manual provides comprehensive and up-to-date guidance on the 12-week qualifying period under the Agency Workers Regulations 2010. |
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