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Read more articles in: Amanda Hyam, Blog, Employment Law
For many retail, logistics and hospitality employers, Christmas preparations begin early with the annual tradition of seasonal hiring.
Thousands of Christmas workers are hired each year to meet the demand and employers must be more compliant when hiring and managing temporary workers.
Seasonal recruitment is important for many businesses as they get ready to brave the madness of the festive season and employers must understand their legal obligations early on.
Employers’ recruitment needs can range from filling ad hoc gaps to using flexible or casual contracts.
These contracts can offer flexibility, but for low-paid workers whose weekly income is at or below the lower earnings limit, exclusivity clauses are unenforceable.
For most festive roles, fixed-term contracts are the most suitable option with the guarantee of increased demand.
Fixed-term employees must attend pre-agreed shifts and be treated equally to permanent employees with full statutory protection.
A compliant fixed-term contract must be issued before or on day one of employment and should include the start and end date, pay, hours, holiday entitlement and an early termination clause if the arrangement does not work out.
As an employer, it is important to be aware of what each contract can offer and what suits your business best.
Under The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, temporary workers must receive equal treatment regarding pay, benefits and working conditions.
Temporary workers are entitled to:
When holiday pay is acquired, it can be delivered using rolled-up holiday pay, which is often helpful for short-term seasonal contracts.
Employers must also complete right-to-work checks before employment begins to avoid liability for illegal working.
Although these procedures follow standard employment laws, they can be overwhelming for employers during an already stressful time.
By seeking legal advice, you can make sure you stay compliant whilst trying to keep up with the Christmas rush.
To reduce any risks this festive season, employers should review their contracts and policies to make sure they reflect current employee rights.
Employers can create an audit of shift patterns to make sure they are providing all employees with their guaranteed hours.
Preparation should also be made for accurate holiday calculations and include any overtime and commission that could occur.
If an employment agreement does not work out, training managers on dismissal procedures and complying with the Equality Act 2010 is crucial.
With the recent Employment Rights Bill proposed changes, employees’ day one rights could become a priority with greater protection from unfair dismissal.
For employers, festive hiring processes should be clearly documented to help avoid any disputes with workers’ rights.
If you feel unsure about how to draft a contract for temporary workers, our team can help guide you to stay compliant.
To learn more about an employer’s role in the festive hiring process, speak to our team today.
Head of Dispute Resolution and Employment
I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.
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