Christmas is often the busiest time of the year for many businesses, so the extra support from temporary staff, ‘Christmas temps,’ around this time, is often appreciated. As an employer, however, it is important you know the rules inside out to keep you on the right side of employment law.
The basics – pay
In the UK, there are minimum wages that all workers, regardless of their employment status, must receive. You cannot offer them a wage lower than this on the basis of them being temporary workers. This changes depending on the age of the individual, but at the time of writing, the minimum wage for each age group stands as:
• £9.50 for those aged 23 years old and above,
• £9.18 for those aged 21-22 years of age,
• £6.83 for those aged 18-20 years of age,
• £4.81 for those aged 16-17 years of age.
It is a legal requirement that all workers receive this pay rate or above.
National Living Wage
The National Living Wage is a legal requirement for all those aged 23 years old and above. It is not a requirement to pay staff outside this age bracket £9.50. However, if you are looking to grow your business’s reputation as an employer, it may be beneficial to consider this, as it is seen as good corporate social responsibility.
Employee and workers’ rights
Under employment law, there are certain rights that all staff have, and you, as an employer, have to ensure they receive them. This includes:
● Maximum working hours of 48 hours per week is respected.
● Rest breaks should be received by all staff at the appropriate time intervals.
● Every paid member of staff should receive a payslip detailing how much they have received in wages, their National Insurance (NI) reductions, and their tax information.
● Discrimination laws are applicable to all staff. Everyone in the UK has protections under the Equality Act 2010, and as an employer, you can be challenged for making discriminatory decisions.
● Staff are protected from whistleblowing; this includes temps.
Fixed-term contracts
To protect you and your business, all Christmas temps you hire should receive an employment contract; it is also a legal requirement for this to happen early on. When hiring for a period like Christmas, the contract offered is likely to be for a fixed term. You can end this earlier, but only if it is stated within the contract that this can be done and the notice period outlined followed.
Holiday pay
Even on a temporary, fixed-term contract, Christmas temps are entitled to holiday pay when they accrue the days. It is important that you, as their employer calculate these days and keep track of them.
Our Employment Law team are on hand to advise on any issues relating to Employment Law for both employers and employees. Please telephone 01892 526344 or email enquiries@berryandlamberts.co.uk if you would like further information. For more information on all our Business Legal Services, please click here.
We can offer an initial one hour appointment with an Employment Law Solicitor for a fixed cost of £195 + VAT. This gives you the opportunity to discuss your matter and consider your options. This can be in person, via telephone or video link. Please get in touch if you feel this type of appointment would be beneficial.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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