Health and care organisations rely on a contingent workforce to ensure safe staffing levels, but many are unfamiliar with key regulations. In this article, Dan Blake, Co-Founder at Florence, unpacks what AWR is, why it matters, and how to stay compliant while supporting staff welfare.
What is AWR and why does it matter?
The Agency Workers Regulations (AWR) 2010 ensure temporary workers receive fair treatment. AWR grants agency workers the same basic rights as permanent staff after 12 weeks in the same role.
For care homes, compliance is essential to:
- Ensure fair treatment of workers and maintain staff morale
- Avoid legal disputes, which can lead to fines of up to £5,000 per breach
- Maintain high standards of care and reduce turnover
Ensuring AWR compliance can contribute to workforce stability and quality of care. A survey by Skills for Care found that care homes with higher staff satisfaction see 30% lower turnover rates.
The 12-week rule: what changes?
After 12 continuous weeks in the same role, agency staff must receive:
- Equal pay – The same hourly rate as permanent carers
- Equal conditions – Same breaks, working hours, and rest periods
- Holiday entitlement – Matching that of permanent employees
- Bonuses & overtime – If these are offered to permanent staff
The 12-week period is counted in calendar weeks, regardless of shift frequency.
Breaks & role changes: Does the clock reset?
- Paused but not reset – Breaks under six weeks pause the clock; it resumes upon return.
- Resets the clock – Breaks over six weeks (unless due to sickness or maternity) or a substantial role change restart the count.
- No reset – Minor role changes (e.g., moving between units with the same job title) do not restart the clock.
Who is responsible for AWR compliance?
Both staffing agencies and care homes share responsibility for AWR compliance:
Staffing Agencies:
- Inform workers of AWR rights.
- Ensure equal pay and benefits after 12 weeks.
- Track placements and ensure payroll compliance.
Care Homes:
- Provide accurate job details to agencies.
- Ensure equal treatment for agency staff.
- Keep records to track the 12-week period.
If AWR is breached, both the agency and care home may be liable, leading to potential tribunal claims and financial penalties.
Common AWR mistakes to avoid
- Not tracking the 12-week period – This can lead to unintentional non-compliance.
- Denying holiday pay – After 12 weeks, agency workers must receive equal leave.
- Rotating staff to reset the clock – This can be seen as AWR avoidance and may lead to legal action.
- Lack of communication with agencies – Pay rates and conditions must align with AWR.
AWR non-compliance can lead to reputational damage, staff dissatisfaction, and legal challenges. In 2022, a tribunal ruled in favour of agency workers denied AWR rights, costing the employer over £20,000 in compensation.
How to stay AWR-compliant
- Track agency worker placements and maintain clear records.
- Work with trusted agencies that follow AWR regulations.
- Review pay and conditions to keep them equal to permanent staff.
- Train managers to ensure they understand AWR compliance.
How can Florence help?
AWR compliance ensures fairness, improves morale, and enhances care quality. However, managing it manually can be time-consuming and complex. Florence’s Agency Manager solution simplifies the process.
With Florence, you can:
- Track agency worker placements automatically to ensure AWR compliance.
- Monitor the 12-week qualifying period with real-time data.
- Ensure correct pay rates and benefits are applied once workers qualify.
- Streamline communication between care homes and staffing agencies.
By using Florence’s technology, care homes can stay compliant, organised, and efficient while ensuring fair treatment for agency staff—reducing turnover and improving care quality.