In this post I'm going to share a personal experience and also lay down rights of agency workers.... I do this simply because I feel that everyone deserves equal rights.. in this world...
If we all have red blood and all breath oxygen, we all eat and drink and do all the other things. and we are all humans.. personally I believe then that we should all be judged equally and have access to the same privileges. Race and ethnic backgrounds should not determine which rights we are entitled to and which rights we are excluded from.

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Here is the most Important Thing to Know..

 Do you qualify for equal treatment after 12 weeks?

You qualify for equal treatment if you’ve worked in the same job with the same hirer for 12 weeks. This is known as the ‘qualifying period’.

However, if you have any breaks between jobs these can either:

  • count towards the qualifying period
  • pause the qualifying period
  • reset the qualifying period to zero

Breaks that count towards your qualifying period

These include breaks:

  • during pregnancy and up to 26 weeks after childbirth
  • due to taking adoption or paternity leave

Pauses in your qualifying period

Your qualifying period is paused if you have a break:

  • of 6 weeks or less, and you return to the same role with the same hirer
  • of up to 28 weeks because of sickness or injury
  • that you’re entitled to, such as annual leave
  • because the workplace closes (eg over the Christmas holidays, or because of industrial action)
  • because you’re on jury service for up to 28 weeks

When your qualifying period starts again at zero

This happens if:

  • you move to a new assignment with a new hirer
  • there is a break of more than 6 weeks between jobs with the same hirer
  • you remain with the same hirer but you’re doing a ‘substantively different’ role

What is a ‘substantively different’ role?

If your job with the same hirer changes and you are doing very different work, this could count as ‘substantively different’. Your agency must tell you in writing that the role has substantively changed and the the qualifying period is reset to zero.

A change of line manager or location isn’t enough - there must be a genuine and real difference to the role, eg a combination of the following:

  • different skills used or new training
  • different pay rate
  • different location
  • different working hours


You have worked in a warehouse on a production line to assemble a product. Simply moving you from a production line to a packing role requires little training and uses most of the same skills. This is unlikely to be substantively different.

However if you have worked on the production line and then move into an administrative role, then this is likely to be substantively different. In this situation the qualifying period starts again.