What is the “12 week rule”?
The “12 week rule” refers to the period of continuous employment that a temporary worker must work before they are entitled to claim the same basic terms and conditions of employment. It makes no difference if the temporary worker works part-time or full-time hours but they must work in the same role for 12 continuous weeks.
What if the temporary worker works less than 12 weeks but returns to the same role within 6 weeks?
If the temporary worker takes a break of 6 weeks or more within a 12 week period then the period of continuous employment is broken; equally if the break is less than 6 weeks the period of continuous employment is not broken.
What if the temporary worker completes 12 weeks’ continuous service but works in several different roles?
The temporary worker must work in the same role for 12 continuous weeks taking into account the entitlement to a break of less than 6 weeks to be able to make a claim for the same basic terms and conditions of employment.
What if the temporary worker is off sick?
The temporary worker can be off sick for a period of up to 28 weeks without having to re-start from week 1. In effect, sickness absence pauses the continuous employment period. The temporary worker can be off sick for a period of up to 28 weeks without having to re-start from week 1. In effect, sickness absence pauses the continuous employment period.
What if the temporary worker is on holiday?
Provided the period of holiday lasts less than 6 weeks, the continuous period of employment will not be interrupted; it will just be paused during the absence.
Are there are any other circumstances which will cause the 12 week period of continuous employment to be paused rather than re-started?
Yes – any period of shutdown for example at Christmas, a break caused by strikes or industrial action, jury service up to 28 weeks or a break for any reason of less than 6 weeks will cause the period of continuous employment to be paused rather than re-started.
