The festive period is one of the busiest times of year for many businesses in the retail and hospitality sectors, leading to many operators needing to employ seasonal or temporary workers to meet demand.
While seasonal employment can provide critical flexibility during peak periods, it’s vital to understand your obligations and rights to avoid potential pitfalls.
In this article, we’ll guide you on how to employ temporary staff while meeting the relevant employment law requirements and staying compliant.
What is seasonal employment?
Seasonal employment refers to hiring individuals for a specific period, often tied to a particular season or business cycle, such as the Christmas holidays or summer.
These roles can be part-time or full-time but are limited in duration.
Seasonal workers can come from any demographic. However, they are more commonly young people who may not rely on a stable full-time income or are visiting from another place, such as university.
Start the new year off right
Even though they are temporary, seasonal workers should still expect clarity in their contracts to avoid potential challenges or litigation in the new year.
You should:
Adhering to employment rights
Seasonal employees have the same employment rights as permanent employees, including:
Failing to abide by these rules could cause you serious legal troubles, particularly if you are found to have done so repeatedly or knowingly.
Avoiding discrimination
The Equality Act 2010 prohibits discrimination based on protected characteristics such as age, gender, race, or disability.
This applies to all stages of employment, including recruitment, terms and conditions, promotions, and dismissals.
Ensuring fair and transparent recruitment and management processes is critical to avoiding discrimination claims.
Health and safety obligations
Employers must provide a safe working environment, irrespective of the employee’s contractual status. This includes adequate training and safety equipment, which is particularly pertinent for industries like retail and hospitality, where seasonal staff might not have prior experience.
Pitfalls to avoid
Now that you’re aware of your obligations and the rights of your seasonal employees, you need to understand the potential pitfalls that many employers inadvertently fall into:
Following best practice
The best way to avoid these pitfalls and potentially invite litigation from workers is to abide by employer best practices.
As already established, this starts by drafting clear, unambiguous contracts with the help to employment and contract law experts, ensuring you’re not discriminating against or misrepresenting employees.
You should also commit to providing adequate training and monitoring working hours, pay and conditions to ensure continued compliance.
Employment law for seasonal workers is a nuanced topic that can trip many retailers up at the busiest time of the year.
If you need support with employing seasonal workers, please reach out to our team and speak to us.
