To cope with the increased demand over the Christmas holiday, lots of companies hire temporary staff around this time of year. Believing these staff members don’t have any protection or employment rights is common among employers.
However, all staff, whether they’re with you for a month or a decade, get the same rights. This means any temps are entitled to receive a written statement of their main terms and conditions within two months of their start date if their employment lasts for longer than a month. If they stop working for you within those two months, this still applies. Annual leave will be accumulated at the same rate as other staff, and temps have the right to written wage slips. When their contract comes to an end, they can be considered for any suitable vacancies, and be given the right amount of notice.
Clarity and consistency in contracts
The terms of the job must be clearly stated when advertising and recruiting. Specify if and when you foresee the role coming to an end, and make it plain if this is a temporary role during the festive period only.
As your temporary employees will accumulate holidays, make sure you include a clause in their contract if there are any busy times when they will not be allowed to take off; the same goes for clarifying their holiday pay entitlement in their contract. It is important to be consistent with how you treat all your staff, so ensure that if a temporary employee breaks the rules they are treated in exactly the same way as your permanent staff members.
If you do want to make any of these temporary staff permanent employees, you need to make sure that you are clear and transparent in your selection methods so that you won’t leave yourself open to discrimination claims. You have to give proper notice to any temporary staff whose contract you will not be continuing. Clients can get advice on drawing up contracts of employment or even download personalized employment documentation from the Peninsula Online resource center.
Employer advice on Christmas temps
For employment law advice concerning Christmas temps or any other problem, clients can phone the Peninsula 24 hour advice line to speak to our employment law consultants at https://blackstonepc.com/areas-we-serve/riverside-employment-lawyer/, or discover specialist guidance for a variety of topics free of charge on our website.
If you’re a member of the media and need any more information, would like to discuss case studies for a particular feature, or be added to our media contact list, feel free to contact Sammual-James McLoughlin, Head of Media, Press and Public Relations at Peninsula Business Services.