A. Many businesses find themselves in the position of having to employ seasonal workers to cope with the increased demand during temporary busy periods, such as the Christmas festivities or the summer months. Whilst these workers are usually seen as a solution to a temporary problem, not giving them the correct rights could lead to a longer lasting headache for your client.
The most widely used option that your client can use is to employ staff on a fixed term basis. Fixed term contracts are those which come to an automatic end upon reaching an objective condition; usually a specified date, event or on completion of a task. Fixed term employees are protected from being treated less favourably than permanent employees because of their fixed term status and this extends to the terms of their contract. This means that your client shouldn’t give them lesser rights in relation to pay, bonuses, training opportunities etc. in relation to a full time employee because they are only there for a short period. Any member of staff taken on a fixed term basis for longer than a month should be given a written statement by your client which outlines the main terms and conditions of their employment.
Alternatively, if your client hires new staff every season and then terminates the relationship once the busy period has ended, they should assess whether the individual is a ‘worker’ or an ‘employee’. Employees have more rights than workers, though the right to national minimum wage, working time requirements and protection against discrimination are shared by both. A significant test to examine the status of the individual is to ask whether there is ‘mutuality of obligation’ between your client and the worker. This looks at whether your client is obliged to offer work to the employee and the employee has to accept offered work, whereas a worker can refuse offered shifts.
If your client is re-employing the same members of staff season after season, and there is an expectation of work, the employees may accrue continuous service enabling them the right to not be unfairly dismissed. Your client should review their contracts to ensure they state the intended duration of employment and that there is no guarantee of employment during later seasons. They should also issue a new contract for each separate period of work.
