DIYWEEK.net

As the annual rush to sign up thousands of seasonal retail workers gets under way, a leading legal firm has compiled a list of top tips for employers of temporary staff.
Thomas Eggar says that not least of the legal challenges arising with non-permanent workers can be their asserting that they are really employees and therefore entitled to additional protection, such as written terms, sick pay and maternity and paternity leave.

Workers, even operating through agencies, will often consider themselves employees of the company for whom they work rather than of the agency that pays them, says Thomas Eggar, adding that a little forethought can reduce the risk of problems arising.

First on its list of tips for employers is to advertise or approach an agency as soon as you know what services you will need. There is a keenness for temporary roles and plenty of good candidates in the market to take them.

Set out the terms on which the worker is being hired, in writing. Incorporate the flexibility you will need in terms of working hours, a probationary period, a right to search them and the ability to terminate the contract without an obligation to pay a lengthy notice period.

If the arrangement is between you and the worker, provide the terms ideally before they start work. Make sure the agency has done similarly stating the person is employed or working for them.

Verify that all workers have the right to work in the UK. Require the proof before each person starts, and retain a copy of the documentation on your systems, just in case.

Ensure workers receive breaks during the working day and keep a record of the hours worked. If it may be necessary, ask the worker to agree in advance that they will work more than the 48 maximum working week, if required.

Monitor the new staff as they are getting the job done: you never know - you may want to retain some of the talent.