What Is AWR?

AWR is the short name for the Agency Workers Regulations 2010 (SI 2010/93), which apply in England, Wales and Scotland. They give agency workers two kinds of right. From day one of an assignment: access to the hirer's collective facilities, such as a canteen or childcare, and information about the hirer's vacant posts (regulations 12 and 13). After a qualifying period: the same basic working and employment conditions, including pay, as they would have had if the hirer had recruited them directly (regulation 5).

The qualifying period is 12 continuous calendar weeks in the same role with the same hirer, over one or more assignments (regulation 7). Regulation 7 sets out how the weeks are counted:

• any week in which the worker does any work on the assignment counts as a full calendar week;
• a break for any reason of six calendar weeks or less does not break continuity;
• some longer breaks pause the clock rather than reset it, including sickness or injury of up to 28 weeks, jury service of up to 28 weeks, annual leave, a planned shutdown at the hirer, and a strike or other industrial action;
• absence related to pregnancy, childbirth or maternity in the protected period, and maternity, adoption or paternity leave, count as time worked for the original intended or likely duration of the assignment, whichever is longer.

AWR is separate from IR35. IR35 decides how a worker is taxed; AWR decides whether they must be treated equally on pay and conditions. A worker can be caught by one, both or neither.

The AWR 12-week calculator works out the qualifying date for a placement, including breaks, and the AWR 12-week rule guide covers what changes once a worker qualifies.