I have just received the following press release from DWF - see the web link at the bottom:

Warning to employers taking on Christmas workers:

Companies taking on temporary workers in the run-up to Christmas should
ensure they are given the same rights and privileges as other staff or run the
risk of employment tribunals, warns law firm DWF.
It says that retail, leisure and other businesses which employ seasonal
workers to cope with the sudden sharp increase in demand often fail to
comply with employment legislation.
Emma Harvey, partner with DWF says: “Temporary workers other than
agency staff are still considered as employees in the eyes of the law and
cannot be treated any less favourably than permanent staff doing the same
type of job.
“Employers should not use their fixed-term status to avoid issuing them with
an employment contract, or giving them paid holidays and similar benefits.
However you may be able to justify not giving them a company car or pension
benefits.”
Harvey has the following tips for employers:
· Ensure you carry out all the relevant pre-employment checks, for
example health examinations, Criminal Record Bureau checks for
workers who come into contact with children, and checking visas and
work permits for foreign nationals.
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· Make sure that temporary workers understand your policies as you will
still be liable for their actions, for example if their behaviour leads to
claims of harassment or discrimination.
· In general temporary workers are entitled to paid holiday and the
protection of the working time regulations. They must also be paid at
least the minimum wage.
· Employers are obliged to conduct risk assessments under the
Management of Health and Safety at Work Regulations 1999. Bear in
mind that temporary, casual and seasonal workers may be especially
vulnerable to injury if they are working in an unfamiliar environment
without appropriate training.
· Temporary workers can sometimes be less reliable than permanent
staff which can defeat the purpose of employing them. Put an absence
management policy in place and inform them of your disciplinary
procedures.
· All employees working more than six hours are entitled to a rest break
of at least 20 minutes.
· Give temporary employees an exit interview – it’s not only a good way
to gain feedback and learn how the company compares to others,
including any competitors they have worked for, and also to check they
have returned your equipment!
Harvey adds: “Employers taking on staff for short periods sometimes fail to go
through the proper procedures. Despite the temporary nature of the work, it is
still important to comply with employment regulations or you run the risk of
being taken to a tribunal.”
ENDS

http://www.dwf.co.uk/content/newsroo...le_39_359.aspx

__________________
Dr Stephanie Morgan
Crosslight Management
www.crosslight.co.uk