Published: 25th November 2024
Area: Employment
For a large majority of businesses, particularly those in retail, the festive season sparks 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.
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.
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.
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 the festive period, 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.
This Christmas we are covering a multitude of topics to help you navigate the holidays with ease.
While the holiday season brings festive cheer and a chance to celebrate, it also comes with a unique set of challenges for employers. By addressing key issues such as managing seasonal workers’ rights, holiday pay entitlements, flexible working arrangements, and employee wellbeing, employers can navigate the festive period with ease and compliance. Offering support through clear communication, fair policies, and inclusivity ensures a positive and productive holiday season for both employees and employers alike. By remaining proactive and understanding, businesses can create a workplace culture that is festive, fair, and respectful of the diverse needs of their workforce.
Day 1
Seasonal workers rights
For a large majority of businesses, particularly those in retail, the holiday season may mean acquiring additional support through seasonal workers. We explore the rights seasonal workers have and address other key questions on the topic.
Day 2
Flexible working rights
Flexible working, especially during Christmas, can help balance business demands with personal challenges. We explore strategies for managing flexible working requests and policies.
Day 3
Christmas holiday pay
Flexible working, especially during Christmas, can help balance business demands with personal challenges. We explore strategies for managing flexible working requests and policies.
Day 4
Christmas bonuses and employer gift giving
At this time of year, Christmas bonuses are a key topic of conversation within employment. We explore the types of bonuses and tax implications for your business to consider.
Day 5
Managing employee absence over the holidays
Managing employee absences, particularly over the holidays, can make things difficult. We discuss what can be done regarding non-genuine absences and how to balance this with business needs.
Day 6
Handling grievances over holiday rotas
To avoid grievances over holiday rotas, employers should set clear expectations with staff surrounding holiday cover, time off around the holidays and any additional over-time needed to support the business. However, if a grievance does arise, we set out the steps to consider to ensure it is handled with care.
Day 7
Supporting wellbeing during the holidays
Supporting employee wellbeing during the holiday season is crucial, as this time can bring increased stress, especially for working parents juggling childcare and work responsibilities. We highlight the ways employers can effectively support their employees to foster a positive and productive workplace culture.
Day 8
Creating an inclusive workplace culture during the holiday season
We explore ways to maintain an inclusive culture at Christmas, focusing on respecting diverse religious beliefs and promoting a supportive and cohesive workplace environment.
Day 9
Can you take the day off when it’s too cold?
While the buzz around Christmas heightens, there is no denying that the winter months can make getting to work difficult for those who need to travel. We share the key considerations for employers during this time.
Day 10
Remote working security to protect your business over the holidays
Over the holiday season, many businesses see an increase in remote work. With employees logging in from various locations and devices, we share the key steps to protect your business’s security during this season.
Day 11
Travelling over the holiday season
Over the holiday season employees are increasingly eager to spend time with loved ones and often travel to make the most of the festive break. We share how employers can balance this with the business needs effectively to help the business run smoothly and enhance employee morale.
Day 12
Office Christmas party guidance
The Christmas period can be an excellent time for workplaces to relax and employees to have fun. However, with social events like office parties, the blurring of personal and professional can present some unique HR problems. We provide guidance to help ensure your office to get together runs smoothy.
Get In Touch
Lubna is an experienced employment solicitor who advises a wide range of businesses on their HR issues. Lubna also specialises in tribunal litigation.
Lubna advises a diverse range of employers on issues such as disciplinaries, grievances, termination of employment and TUPE. Lubna also specialises in advising employers on a range of employment tribunal litigation including complex unfair dismissal claims and discrimination.
How We Can Help
Employment Law
Our experienced employment solicitors offer comprehensive employment law services across multiple offices, providing tailored advice for both routine and complex matters. With expertise across various sectors, including education and food and beverages, we help businesses navigate the intricacies of employment law, no matter their size or industry.
