Seasonal Workers Rights

For a large majority of businesses, particularly those in retail, the festive season presents an influx of customers and spending and with it comes the requirement for additional support through seasonal workers.

While seasonal workers are not permanent employees, they possess many of the same rights and businesses must ensure they are met to comply with The Employment Rights Act 1996, The Equality Act 2010 and Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 as well as providing with a contract of employment and itemised pay slips.

Employment Law Christmas Round Up

During the festive season at work spirits are heightened, Christmas jumpers are out in full force and tubs of celebrations and quality street litter the counterspace. While it is a joyous and fun occasion for those who celebrate, there are still a number of things employers should be wary of to ensure a smooth sailing festive season. Read more >

Are seasonal employees and temporary workers the same?

Seasonal and temporary workers are similar in terms of their fixed-term employment, however seasonal employees are mainly defined by their recurrence during peak periods such as Easter, Summer and Christmas.

What benefits are seasonal workers allowed?

Seasonal workers must have access to many of the same benefits permanent employees have to ensure compliance with the above laws. Those benefits include:

• Holiday pay and annual leave (calculated based on hours worked during temporary employment), while many businesses hire seasonal workers to work busy holiday periods, this must still be clearly communicated during the hiring process.
• Every employee, regardless of their seasonal employment duration, is entitled to fair and equal treatment and should be protected against discrimination, in adherence to The Equality Act 2010.
• Seasonal workers are entitled to the National Minimum Wage or National Living Wage (depending on age), just like permanent employees.
• Seasonal workers are covered by the Working Time Regulations 1998, meaning they should not exceed the legal limits on weekly working hours (typically 48 hours, unless they opt out) and are entitled to rest breaks.
• Seasonal workers may be eligible for statutory sick pay if they meet minimum earning thresholds and other qualifying criteria, clarifying that this is based on days worked, not total contract length.

Do seasonal workers qualify for pension contributions?

If they are between 22 to state pension age and earn over £192 a week, or £833 a month, then yes, the employee must be put into a pension scheme. Even if a worker does not initially meet the criteria, employers must continue to monitor earnings throughout employment, as eligibility can change depending on hours worked and total pay.

What notice needs to be given to a seasonal worker?

While many seasonal workers are hired on a fixed term contract, this can be brought to an end sooner if necessary and specified in the contract. Where a seasonal worker has worked for a business continuously for one month, a minimum of one week’s notice must be provided to terminate the contract.

How long can you keep a seasonal employee?

While seasonal employees are hired for a fixed term which can vary between weeks to months, this is defined by a contract and can vary based on business needs.

Are seasonal workers entitled to become permanent hires?

Although seasonal workers are not automatically entitled to permanent positions, providing clear pathways for them to express interest in long-term roles can be highly beneficial. Employers invest considerable time and resources in training new staff, so extending permanent opportunities to those already familiar with the business can streamline hiring, save on training costs, and retain talent that has proven effective during peak seasons.

Employers should outline the potential for permanent employment early on and communicate any relevant criteria, such as performance expectations and availability. Encouraging seasonal workers to reach out to supervisors or HR about future opportunities can also foster an open environment and make it easier to identify motivated candidates for ongoing roles.

Many businesses rely on seasonal workers during peak periods, and while these roles are temporary, employers must uphold the same rights given to permanent employees, including fair pay, holiday leave, rest breaks, and protection against discrimination. If you require any further assistance, please do not hesitate to reach out to a member of our team today.

Do seasonal workers need written contracts?

Yes. Even if employment is short-term, a contract outlining terms (hours, pay, duties, end date, etc.) must be provided. This ensures clarity and legal compliance. Providing a written contract also helps prevent misunderstandings around expectations, notice periods, and entitlements, protecting both the employer and the employee.