Understanding AWR

The Agency Workers Regulations (AWR) 2010 are designed to ensure fairness for temporary workers by granting them rights to equal treatment after 12 weeks in the same role. This means that once a supply worker has completed 12 continuous weeks of work in a specific role at your school or nursery, they become entitled to the same basic terms and conditions as someone directly employed by you in a comparable role.

AWR applies to all agency workers regardless of whether they work full-time or part-time and regardless of the role — from supply teachers to teaching assistants and administrative staff.

After the 12-week qualifying period, agency workers are entitled to:

• Pay parity – Including base salary, holiday pay, and bonuses where applicable
• Working hours and breaks – Equivalent to permanent staff in the same role
• Annual leave entitlement – Matching the statutory or contractual holiday allowance
• Access to facilities – Such as staffrooms, canteens, childcare services, or car parking

Day one rights also apply — meaning agency workers must have access to collective facilities and job vacancies from their first day in a placement, regardless of whether they reach the 12-week threshold.

At System People, we monitor assignment durations, track AWR status, and work with you to ensure full compliance, making the process smooth, simple, and stress-free.

The 12-week qualifying period under AWR is based on calendar weeks spent in the same role with the same hirer. However, certain breaks can pause or reset this period depending on the length and reason for the absence.

Here’s how it works:

• Breaks of less than 6 weeks: The clock pauses but resumes when the worker returns to the same role. The qualifying period continues to accumulate.
• Absence due to sickness or injury (up to 28 weeks): The clock pauses but does not reset. Weeks already accrued remain valid.
• Annual leave or school closures (e.g. holidays): These do not break continuity — the qualifying period is paused, not reset.
• Maternity, paternity or adoption leave: These are protected periods. The qualifying period continues to run throughout.
• Breaks of more than 6 weeks for other reasons: The clock resets to zero unless agreed otherwise.

System People keeps detailed assignment records and monitors continuity so you don’t have to. We’ll notify you if a worker is approaching their 12-week threshold and guide you through the next steps.

Do I need to provide comparator information?

Yes. To ensure AWR compliance, we’ll need details of the permanent staff member whose role is comparable to the agency worker. This typically includes pay rate, working hours, holiday entitlement, and access to facilities.

Does AWR apply to all agency workers?

AWR applies to most agency workers, including teachers, teaching assistants, administrators, and cover supervisors. Some exceptions apply — we’ll advise if your assignment is outside the scope.

What if I don’t have a direct comparator?

If no identical role exists, we’ll work with you to identify a ‘best match’ based on job description, responsibilities, and typical pay within your setting.

Can I end an assignment before 12 weeks to avoid AWR?

While legally possible, this approach may raise ethical and reputational concerns. We encourage transparent planning and fair treatment, which supports retention and continuity of care.

Do I have to change anything after 12 weeks?

Not necessarily. If the worker’s current rate and conditions already match the comparator, no further action is needed. We’ll confirm this with you as part of our compliance process.