What are the rights of temporary staff?

Royal Mail Announces 18,000 people to be recruited for the festive season – so what are the rights of temporary staff?

The Royal Mail will be taking on 18,000 extra people for the festive season

This week, Royal Mail announced that despite massive job cuts in recent years; they will be looking to recruit in the region of 18,000 temporary staff to cope with postal volumes over the festive season.  This is a hefty increase of approximately 14 per cent of their existing work force.

The positions available are for a variety of shifts at a number of locations throughout the country and will be for the period November – January 2012 with the likelihood that fixed term contracts will be provided  to those recruited. Many businesses have already reduced headcounts due to the recession, and more and more are opting for temporary or often known as casual workers to see them through busier periods, rather than recruit permanent staff. This is thought to be a safer and more financially viable option in uncertain economic times with the speculated double dip recession the UK is predicted to face.

If you have a business looking to recruit seasonal staff to cope with the festive period, or are an individual considering a second job in these turbulent economic times, or temporary work as a last measure to get out of unemployment, you need to be aware of your rights and obligations in relation to current employment law legislation.

Temporary staff must be given an employment contract on a ‘fixed-term’ basis. There is often a misconception that staff employed for shorter periods do not need to be given employment contracts, this is not the case. The contract of employment must specify that the employment will end on a particular date, after a certain event (for example Christmas and New Year sale period) or on completion of a specific task.

Fixed terms employees are entitled to be treated the same as permanent employees carrying out the same, or similar, job unless there is an ‘objectively justifiable’ reason to do so.

Fixed terms employees are entitled to the following:

• Same pay and conditions

• Same or equivalent benefits package (e.g. health care)

• Access to an occupational (company) pension scheme (unless fixed-term contract is   less than two years)

• Informed about permanent employment opportunities

• Protection against redundancy or dismissal because they are fixed-term employees

Less favorable treatment of fixed-term employees is only permitted if the employer can show that it is objectively justifiable for.

• a genuine business objective;

• necessary to achieve that objective;

• an appropriate way to achieve that objective;

Under the Fixed-term contract Employees (Prevention of Less Favourable Treatment) Regulations, if an employee has been on a fixed-term contract for four or more years they are likely to be deemed as a permanent employee. This is the case even if their contract is renewed again but on on a fixed term basis. Employers need to be mindful of this when renewing employees contracts.

Employers must also inform fixed-term employees of permanent vacancies if any arise to give them the same opportunity as permanent employees to apply for such roles. Failure to do so could result in claims for discrimination in the employment tribunal based on an employees fixed term status. All employees whether fixed term or permanent should be informed of such vacancies at the same time and in the same way and it is advisable to just have a board where all employees can see it.

If you are considering a fixed term contract or employing staff for a fixed period and need advice on how to ensure that your rights are not breached and you do not fall foul of the Regulations, contact Ms Kaajal Nathwani of Curwens LLP on 0208 363 4444 or via email on kaajal.nathwani@curwens.co.uk. Curwens LLP have a specialist employment law team dedicated to providing tailored advice and practical solutions for every day employment issues.