A Guide for Employers Hiring Seasonal Workers During the Festive Period

Seasonal spikes in business during the festive period often prompt employers to seek additional support through the recruitment of temporary staff. At Butcher & Barlow, we understand the unique challenges employers face when navigating the complexities of seasonal hiring. In this guide,  Employment Law specialist, Mohammed Balal, outlines key considerations for employers when employing seasonal workers.

Contractual Considerations

A successful employer-employee relationship hinges on clear and legally compliant employment contracts.

When hiring seasonal workers, provide a detailed contract specifying the duration of employment, job responsibilities, and any conditions related to the seasonal nature of the work. Transparency is key, and the contract should explicitly communicate the temporary nature of the position, including any possibilities of contract extensions. We recommend seeking legal advice to ensure your contracts align with current employment laws.

National Minimum Wage (NMW) Compliance

Workers in the UK are entitled to the National Minimum Wage (NMW) or the National Living Wage. The NMW rates are tiered based on age, with different rates for apprentices and workers aged under 23 and apply whether a worker gets paid hourly or annually.

You should familiarise yourself with the specific rules in relation to:

• What counts towards pay
• Deductions that must be made from pay
• What period of time the rate is calculated over
• What counts towards working time.

Butcher & Barlow can help you understand these rules and ensure that your payment practices comply with the regulation regulations. Failing to pay seasonal workers the appropriate minimum wage can result in penalties and damage your reputation as an Employer.

Working Hours and Breaks

Adherence to working time regulations (The Working Time Regulations 1998) is essential when employing seasonal workers. Clearly communicate the expected working hours and breaks, ensuring that staff members are not exceeding the maximum weekly working hours stipulated by law. Breaks are not just a legal requirement; they contribute to the well-being and productivity of the workforce.

Understanding what does and what does not count as working time is crucial in adhering to these rules, and our Employment team can provide you guidance on this.  Failure to comply can result in a claim to the Employment Tribunal.

Health and Safety

Prioritise the safety and well-being of seasonal workers by conducting thorough risk assessments and implementing necessary measures for a safe working environment and implement necessary measures to ensure a safe working environment.

Provide comprehensive training on workplace safety procedures and emergency protocols. Compliance with health and safety regulations is not only a legal obligation but also crucial for maintaining a productive and secure workplace.

Discrimination and Equality

Every worker, regardless of their employment duration, is entitled to fair treatment and protection against discrimination. Employers must adhere to the Equality Act 2010, which prohibits discrimination on the basis of age, gender, race, disability, and other protected characteristics. By promoting a culture of equality and inclusivity, you can create a positive work environment that benefits both seasonal and permanent staff.

Holiday Entitlement

Seasonal workers, like their permanent counterparts, are entitled to holiday pay and leave. Clearly communicate holiday entitlement, accrual, and when it can be taken. Providing clarity on holiday policies helps prevent misunderstandings and ensures that seasonal workers receive their entitled time off during the festive season.

Right to Work Checks

Conducting thorough right to work checks is essential when hiring any employee, including seasonal staff. Employers must ensure that all workers have the legal right to work in the UK to comply with immigration laws. Failure to conduct proper right to work checks can lead to legal consequences for both you as an employer and the worker, including fines and potential criminal charges.

Termination and Notice Periods

Clearly outline termination clauses in the employment contracts of seasonal workers, including any notice periods. The nature of seasonal employment often involves fixed-term contracts, and you must be aware of the legal requirements for ending such contracts. Providing seasonal workers with fair treatment in line with employment law is not only a legal obligation but also contributes to positive employer branding.

Resolving disputes

In the event of disputes, addressing issues promptly and fairly is key. We recommend adopting a proactive approach to conflict resolution. Open communication and a willingness to find mutually beneficial solutions can help maintain a positive working relationship with your seasonal staff.

 

How can Butcher & Barlow help?

Seeking legal advice when uncertain about specific obligations is essential to ensure compliance and maintain a smooth and lawful employment relationship during this busy time of year. Ultimately, a proactive and legally sound approach to seasonal employment contributes to the success and reputation of businesses during the festive season and beyond.

If you are considering hiring seasonal workers over this festive period, contact our Employment Team to ensure that your workers’ rights and protections are recognised and adhered to.

 

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.