Key considerations when hiring temporary workers during the festive season

With Christmas and January sales fast approaching, many employers will be looking to recruit additional staff to meet higher demand. There are some important points to consider ahead of any recruitment process…

Expected High Demand over the Festive Season

In the lead up to Christmas many high street retailers are starting to recruit temporary workers to support their existing staff with higher volumes of work.  Marks & Spencer has announced its plans to recruit 10,000 temporary workers to meet the expected surge in customer demand in the coming weeks, and Sainsbury’s has announced that it expects to recruit 22,000 temporary workers for the festive period. If your organisation is also looking to expand its temporary workforce, here are some key points to consider when making your recruitment plans.

Different types of employment status and implications of rights

It is important for employers to be aware of the different methods of hiring temporary staff, and the differences between different contracting methods. If your business is looking to hire temporary staff, what is the most suitable method for you? Some of the most common include:

• Agency workers
• Zero-hour contract workers
• Fixed-term contracts
• Self-employed contractors

Different contracts provide different levels of flexibility. It is important to choose the type of contract which reflects your business’ way of working and the business need.

The contract and working arrangements chosen will impact the employment rights to which individuals are entitled. It is therefore important to ensure that the type of agreement used reflects the working relationship to avoid dispute as to status.

For instance, workers and employees are entitled to holiday pay, however a self-employed contractor would not be. Workers are expected to carry out the work themselves, whereas self-employed contractors may be able to provide a substitute to carry out the work in their place. Workers and employees generally require a minimum number of contracted hours, however a zero hours contract can offer more flexibility if additional work over the festive period is less certain or regular.

Agency workers can initially be hired on different terms to existing staff however, they acquire the right to be treated equally to direct hires after a 12-week qualifying period which is important to keep in mind if their engagement is expected to last longer. This includes equal terms for basic pay, holiday pay, performance related bonuses and overtime, among other things.

It is therefore vital that employers consider the needs of their business and choose the most suitable way of contracting with temporary staff.

Discrimination and other prohibited conduct under the Equality Act 

If your organisation intends to hire temporary workers directly, it is important to have a fair hiring process. Decisions should not be influenced by any protected characteristics such as sex, age, race, or belief which are volunteered by the applicant, or which become apparent throughout the process. The process should be documented to show the rationale and considerations in key decisions. Where applicants have indicated that they have a disability which may impact their work or ability to take part in the recruitment process, it will be vital to consider what reasonable adjustments may be made so that they are on an equal footing with other applicants and to assist them in carrying out the work. This helps to minimise the risk of discrimination during the recruitment process.

Comment

There are a number of considerations when taking on additional staff, especially when additional temporary staff are required for busy periods.

For advice on navigating employment relationships with temporary workers, choosing the right type of contract for your business needs or carrying out a fair recruitment process please speak to a member of our Employment Team who will be happy to advise.