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RETAIL: Play Fair with Xmas Temps
Listed under: News
Published: Tuesday, October 23, 2007
In the run up to Christmas, retailers taking on extra staff to help with the rush are being warned to make sure that they give temporary employees the same rights and privileges as other staff.
Those failing to do so run the risk of employment tribunals, says law firm DWF. “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," says Emma Harvey, partner at the firm. “Employers should not use their fixed-term status to avoid issuing them with an employment contract, or giving them paid holidays and similar benefits."
Emma has the following tips for employers:
1. Ensure you carry out all the relevant pre-employment checks, for example checking visas and work permits for foreign nationals.
2. Remember that, 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.
3. 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.
4. 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.
5. All employees working more than six hours are entitled to a rest break of at least 20 minutes.
6. Give temporary employees an exit interview – it’s a good way to gain feedback and learn how the company compares to others, including any competitors they may have worked for.
“Employers taking on staff for short periods sometimes fail to go through the proper procedures," adds Emma. "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.”
Emma has the following tips for employers:
1. Ensure you carry out all the relevant pre-employment checks, for example checking visas and work permits for foreign nationals.
2. Remember that, 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.
3. 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.
4. 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.
5. All employees working more than six hours are entitled to a rest break of at least 20 minutes.
6. Give temporary employees an exit interview – it’s a good way to gain feedback and learn how the company compares to others, including any competitors they may have worked for.
“Employers taking on staff for short periods sometimes fail to go through the proper procedures," adds Emma. "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.”
