Are your agency workers AWR compliant?

There is a formal system for recording each agency worker's start date and role assignment
General payroll or HR systems are often not configured for AWR — check this specifically.

The system distinguishes between 'same role, same hirer' continuity and genuine role changes
A change in job title alone does not reset the clock if duties are substantively the same.

Breaks of six weeks or less in the same role are treated as pauses, not resets

Longer breaks are only treated as resets where the worker moves to a genuinely different role
Manufactured breaks to avoid the 12-week threshold are treated as continuous service by tribunals.

Pregnancy-related absence, jury service, annual leave, and industrial action are not counted as breaks

The system generates an alert or flag as workers approach week 10–11
This gives time to review pay and conditions before the qualifying threshold is crossed.

Assignment records are retained for at least two years after an assignment ends

There is a process for identifying the comparable permanent employee for each agency worker role
Comparator = a permanent employee in the same or broadly similar role within the same organisation.

Agency worker pay is reviewed at the 12-week qualifying point against the comparator rate

Pay increases awarded to permanent employees in comparator roles trigger a review of agency worker rates
An agency worker cannot receive less than a permanent comparator — but can be paid more.

Bonuses and commission directly linked to individual performance are assessed for AWR applicability
Performance-linked pay tied to the individual (not a company-wide scheme) is typically covered by AWR.

Occupational sick pay, maternity pay, redundancy pay, and benefits such as private healthcare have been correctly excluded from equal treatment obligations
These fall outside AWR equal treatment — check your contracts reflect this clearly.

The employment agency has been notified of the comparator rate so they can adjust accordingly

Rest break entitlements for agency workers match those of comparable permanent employees after week 12

Night work conditions are reviewed for agency workers in roles where permanent staff have specific protections

Annual leave entitlement from the employment agency contract meets statutory minimums — and is reviewed against comparator entitlements at week 12
AWR requires no less favourable treatment on basic annual leave, not the full contractual entitlement.

Working time records for agency workers are maintained and accessible

Agency workers have access to collective facilities from day one on the same basis as permanent employees
This includes: canteen, childcare facilities, car parking, transport services, prayer room, shower facilities.

There is a process for informing agency workers of permanent vacancies
This applies from day one of the assignment — not after 12 weeks.

Permanent vacancy notifications reach agency workers through the same channel used for permanent staff — or an equivalent
Relying on word of mouth or manager discretion is not sufficient. The process should be documented.

The obligation to notify extends to all relevant agency workers — not only those in the same department as the vacancy

There is a named individual with responsibility for AWR compliance (HR business partner, operations lead, or equivalent)

Internal guidance exists for managers on how AWR applies to role changes and redeployments
Without this, informal 'resets' happen — often without the manager realising the AWR implication.

A process exists for managers to escalate AWR questions before making changes to agency worker assignments

Employment agency contracts reference the hirer's AWR obligations and the process for communicating comparator information

Records are maintained of all equal treatment reviews conducted at or after the 12-week threshold

A process exists for agency workers to raise AWR queries — and those queries are responded to in writing
An unanswered written AWR query can be cited as evidence in a tribunal claim.

The business understands that AWR claims can be brought against both the hirer and the employment agency

The business is aware that back-pay liability under AWR has no cap — and that structural gaps across a workforce multiply exposure

Any overlap between AWR non-compliance and National Minimum Wage obligations has been reviewed
Where AWR pay obligations push effective pay below NMW, HMRC enforcement can follow.

The business has taken legal or HR advice on its AWR position in the last 12 months — or has a plan to do so