A Guide for Employers Hiring Seasonal Workers During the Festive Period

Seasonal spikes in business during the festive period often prompts employers to seek additional support through the recruitment of temporary staff. This time can be fast paced with companies looking to hire and train staff as quickly as possible.

Due to the nature of temporary work, unfortunately, conflicts can arise between employers and their employees. If you are facing this situation, you may find yourself needing extra information and support.

At Butcher & Barlow, we understand the unique challenges employers face when navigating the complexities of seasonal hiring.

In this guide, our Partner and Employment Law specialist, Justin Kelly, outlines key considerations for employers when hiring seasonal workers.

What legal considerations should employers be aware of when hiring seasonal workers for the festive period?

If you are an employer hiring seasonal workers for the festive period, you should be aware of the relevant legal requirements. This includes crafting clear employment contracts detailing wages, working hours, and contract duration.

You will also need to consider the rules surrounding minimum wage and overtime and benefits such as holiday pay, which ensure temporary staff are treated equally to full-time employees.

During the hiring process, you should be aware of upholding anti-discrimination laws and creating an inclusive hiring environment. As with full-time employees, seasonal employees are afforded protection from discrimination and whistleblowing.

Health and safety regulations must be strictly followed, and termination procedures should follow employment laws.

By addressing the following considerations, you can successfully navigate seasonal hiring while avoiding any potential claims:

Right to Work Checks

Conducting thorough right to work checks is essential when hiring any employee, including seasonal staff. Employers must ensure that all Christmas staff 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.

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 seasonal 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 regulations. Failing to pay Christmas staff the appropriate minimum wage can result in severe 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 Butcher & Barlow can provide you guidance on this.  Failure to comply can result in a claim to the Employment Tribunal.

Are there specific health and safety regulations that apply to seasonal workers?

Yes, specific health and safety regulations apply to seasonal workers. Employers must prioritise the safety and well-being of their Christmas staff by conducting thorough risk assessments and implementing necessary measures for a safe working environment.

You should provide comprehensive training on workplace safety procedures and emergency protocols. This includes proper training for seasonal staff on health and safety procedures and ensuring the availability of necessary protective equipment.

Compliance with health and safety regulations is not only a legal obligation but also crucial for maintaining a productive and secure workplace.

Are seasonal workers entitled to the same benefits as full-time employees?

Yes, seasonal workers are entitled to many of the same benefits as full-time employees.

This includes statutory benefits like holiday pay, which should be calculated based on the hours worked during the seasonal period.

Seasonal workers, like their permanent counterparts, are entitled to holiday pay and leave. It’s important to 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.

Employers must ensure that seasonal workers receive fair treatment, adhere to equality laws and offer benefits proportionate to their temporary roles.

Every worker, regardless of their seasonal 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.

How should employers handle disputes with temporary employees?

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 you maintain a positive working relationship with your seasonal staff.

It is vital to promptly address concerns, providing a platform for employees to voice grievances. Employers should follow established grievance procedures, ensuring fairness and impartiality. For legal protection, all interactions and resolutions should be documented.

If a resolution isn’t reached internally, employers should consider mediation or alternative dispute resolution methods. It is essential to comply with employment laws, treating seasonal employees with the same fairness and respect as permanent staff.

Seeking legal advice when needed helps employers navigate disputes effectively, maintaining a positive workplace environment and minimising the risk of legal complications.

How should employers handle termination or the end of seasonal employment contracts?

Employers should handle the termination or end of seasonal employment contracts in line with employment laws.

It’s advisable to 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. You must ensure you have fulfilled any contractual obligations and statutory rights, such as holiday pay. Document the termination process thoroughly to mitigate legal risks.

By following proper procedures and maintaining transparency, you can navigate the end of seasonal contracts in a way that suits all parties.

How can employers ensure compliance with employment laws during the festive season?

Employers can ensure compliance with employment laws during the festive season by having a thorough understanding of the legal requirements involved in hiring temporary staff.

Regularly updating policies to reflect any changes in employment law is advisable. Offering training to management and HR staff on legal obligations helps maintain a legally compliant workplace.

Consulting a legal professional can help you stay informed about any updates to employment legislation and ensure you are following the best practices in your workplace.

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 staff over this festive period, contact our employment law solicitors to ensure that your workers’ rights and protections are recognised and adhered to.

At Butcher and Barlow, we always take a collaborative approach, working with our clients as opposed to for them. When you choose us, we will share the burden of your decision making, helping you to protect your company as you work towards your goals.

To find out more about how we can assist you or your business or to arrange a no-obligation discussion, please get in touch with a member of our team by calling 0161 764 4062.

Alternatively, complete our enquiry form and we will get back to you as soon as possible.