The agency workers must have worked in the same role with the hirer for 12 continuous calendar weeks (not necessarily with the same agency). The period is measured in weeks not hours and continuity is broken when:
- There is a break of six weeks, or more, during or between assignments in the same job
- The agency workers commences a new or substantively different role
Certified sickness absence and annual leave both pause the period of service. In the case of pregnancy related absence, maternity leave, adoption leave and paternity leave, the qualifying period is not paused.
This publication is intended for general summary guidance. It is not and should not be considered legal advice. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.