The Agency Worker Regulations give qualifying agency workers rights to equal treatment in certain working conditions. For supply staff, the important questions are who the hirer is, what role you do and how your assignments add up.
IN PLAIN ENGLISH
Some rights apply from your first day. After 12 qualifying weeks in the same role with the same hirer, you normally gain rights to the basic pay and working conditions you would have received if recruited directly to that job. This does not automatically give you a permanent contract.
This guide explains the Great Britain framework: England, Wales and Scotland. Northern Ireland has separate regulations and guidance. Use NI Direct’s agency-worker guidance and seek local advice for work there.
Rights from the first day
Agency workers have worker rights such as minimum-wage protection and paid holiday. The equal-treatment rules also cover access to shared facilities and information about job vacancies from the start, subject to the relevant rules. See Acas on rights from day one and GOV.UK’s overview.
What changes after 12 weeks?
Equal treatment covers basic pay and specified conditions such as working time, rest and annual leave. It does not mean every benefit in a directly employed colleague’s contract: occupational pensions and enhanced sick pay are outside this particular entitlement. The comparison is with direct recruitment to the same job, not simply the best-paid person at the school.
The old Great Britain exception based on a “pay between assignments” contract ended in April 2020. Treat older explanations of that exception with care. Acas explains the current 12-week rights.
Counting qualifying weeks
A qualifying week does not have to be a full working week. Work during a week can count towards the 12 weeks. Some breaks pause the count rather than erase it: school holidays and other planned workplace closures can be relevant. A genuinely different role or hirer may change the calculation. Do not assume every break resets it; check your actual assignment history.
Why schools can be complicated
The school building and the legal hirer are not always the same thing. Depending on the employment arrangements, the relevant hirer may be a school, local authority or academy trust. Moving schools or changing agency does not necessarily mean starting from zero if the same-role and same-hirer conditions continue.
Ask the agency to identify the hirer and explain how it has counted earlier assignments. Keep dates, roles, schools, agencies and breaks in one record. This is particularly useful when working through more than one agency. The government’s detailed regulations guidance covers qualifying periods and arrangements intended to avoid equal treatment.
The duties matter
For a teacher, the comparison needs to reflect the job being done and the pay arrangements that apply to that hirer. A qualification alone does not establish the rate for a different role. Use supply teacher pay to distinguish the agreed gross rate from an umbrella assignment rate. Ask for the reasoning behind the proposed rate, including the responsibilities you are expected to take on.
A practical question to send your agency
“I have worked in this role on these dates, including earlier bookings through another agency. Please confirm the legal hirer, how you have counted my qualifying weeks, and the pay and working conditions used for my equal-treatment comparison.” Keep the reply with your booking records; you do not need to share those records with this website.
An example to check, not a decision on entitlement
Suppose you work one day in each of several weeks in the same role, then the school closes for a planned holiday. Counting only days worked or automatically restarting after the holiday could give the wrong answer. Ask the agency to apply the qualifying-week and break rules to the full record. The dates, hirer and nature of any change in duties still need checking.
If a short booking is extended with new responsibilities, use day to day versus long term to record what changed. Do not assume a new label alone settles whether the role is substantively different.
What this means for you
- Start an assignment record from your first booking.
- Tell the agency about earlier relevant work with the same hirer, including through other agencies.
- Before you reach 12 qualifying weeks, ask for a written review of your pay and working conditions.
- Keep the response and compare it with your agreement and payslips.
If something does not look right
Ask the agency to explain the calculation and the direct-recruit comparison in writing. If that does not resolve it, use its complaints procedure and contact your union or Acas promptly. There can be strict time limits for employment claims; waiting for an internal complaint to finish may affect your options. Acas explains ways to raise a problem.
Frequently asked questions
Does 12 weeks mean 60 days of work?
No. Qualifying weeks are not a simple total of individual days. Part-time assignments can count; the pattern of work and breaks matters.
Does changing agency reset the count?
Not necessarily. Relevant work in the same role with the same hirer can carry across agencies. Give the new agency the details rather than assuming it already has them.
Do I automatically become a permanent employee?
No. Equal treatment under these regulations does not itself change your contract into a permanent job.
Can I use this guide to decide exactly what I am owed?
No. Your contract, duties, assignment record and hirer’s terms need checking. This is general guidance, not legal advice on an individual claim.
Related guides
Sources and further reading
- Acas: agency-worker rights from the start
- Acas: rights after 12 weeks
- GOV.UK: detailed Agency Workers Regulations guidance
- GOV.UK: temporary agency-worker rights
- Acas: raising a problem with an agency
- NI Direct: equal treatment after 12 weeks
Last reviewed: 20 September 2026. Rules and guidance can change.