You are currently viewing Week 12 Entitlements AWR (Agency Workers Regulation)

Week 12 Entitlements AWR (Agency Workers Regulation)

Week 12 Entitlements

After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’. When you are about to qualify for Week 12 Rights we will confirm the changes to your pay in writing and send you an information from the client about what rights you will have qualified for.

Your rights include:

‘equal pay’ – the same pay as a permanent colleague doing the same job
automatic pension enrolment
paid annual leave

How do I calculate my 12 week entitlement?

Start counting your 12 week qualifying period from your first day at work.

We ask you to complete a Declaration of work form so we know if you have any weeks that can count towards this qualifying period.

You don’t have to be at work for 12 weeks in a row – some types of leave count and there can be breaks.

Don’t count days on sick leave or a break
The qualifying period will pause for sick leave or breaks. Don’t count the days when:
you take a break of 6 weeks or less
you’re on leave due to sickness or injury for up to 28 weeks
you take annual leave you’re entitled to
the workplace closes, for example for Christmas or industrial action
you’re on jury service for up to 28 weeks
Count time off for pregnancy, paternity or adoption
Your 12 week qualifying period will continue through time off you have for:

pregnancy and up to 26 weeks after childbirth
adoption leave
paternity leave
If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.
Start from zero for a new job or role

Your 12 weeks will start again if you:
get a new job at a different workplace
have a break of more than 6 weeks between jobs at the same workplace
stay at your workplace but take a new role that’s ‘substantively different’
A substantively different role is one that’s completely new, different work. It could be a combination of different:

skills, or requiring new training
pay rate
working hours