With the Christmas lights now up in Dublin city centre, the thoughts of many employers will turn to taking on extra staff to cope with the seasonal rush. Employers are perfectly entitled to take on workers for a fixed-period or specific purpose but certain risks associated with fixed-term work need to be borne in mind.
The following list of dos and don’ts will help protect your business against suffering Christmas period employment headaches.
Do confirm the specific purpose or termination date in writing
It is important that seasonal employees are aware that they are being hired for the specific purpose of providing support over the busy Christmas period. The fact that seasonal workers are being employed for a short period does not release you from your obligation as an employer to provide a written statement specifying the terms and conditions of employment and in particular the fixed-term, the specific purpose or the event that will trigger the termination of the temporary contract.
If it is not possible to accurately identify a precise termination date, a specific purpose contract will be more appropriate. Ensure the written statement of terms includes a short probation period during which you reserve your right to terminate the employment and that the employee provides you with his/her signed copy of the written statement.
Do insert a waiver clause in the contract
It is possible to agree with your short-term hires that unfair dismissals legislation will not apply if the only reason for the dismissal is the expiry of the fixed-term or the achievement of the purpose specified in the contract. This stipulation should be set out in a ‘waiver clause’ confirming that where the contract comes to an end when the purpose of the employment no longer exists or on the expiry of the fixed-term, the employee will be excluded from taking claims under the Unfair Dismissals Acts, 1977 – 2015.
Do let fixed-term employees know about vacancies in your business
The Protection of Employees (Fixed-Term Work) Act 2003 requires employers to formally notify all temporary employees of any permanent vacancies that arise during their period of employment. You must let temporary employees know when permanent posts are advertised. You can comply with this obligation by placing a notice advertising the open position in a suitable public location or posting it on an intranet used by temporary employees. This obligation applies to promotional posts as well as posts at the same level as fixed-term employees.
Don’t expect seasonal employees to know how your business operates
There is a temptation to throw short-term hires straight into work to deal with the increased Christmas demand. Your obligations as an employer under health & safety legislation in particular, must not be overlooked.
Taking the time to carry out an induction and to run through relevant company policies will allow you to confirm the tasks your seasonal workers will be required to perform, the standards expected of them and how any issues concerning their employment will be handled.
Don’t treat seasonal workers differently from comparable full-time employees
The Protection of Employees (Fixed-Term Work) Act 2003 provides that any temporary employees must not be treated less favourably than permanent employees working in comparable roles. You will only be in a position to offer different terms if you can provide an objective reason justifying any different treatment. Any such justification must not be connected to the fact that the employee is on a fixed-term contract.
Pay is the principal area where employers are likely to be tripped up. Temporary employees should be paid the same as their permanent colleagues who are carrying out the same work. Temporary workers also enjoy the same rights as permanent employees in terms of annual leave, maternity leave and the provision of wage slips. Fixed-term employees are also protected by employment equality legislation which has no minimum service requirement. Treating a fixed-term employee differently based on any of the nine protected grounds (gender, civil status, family status, sexual orientation, religious belief, age, disability, race (includes colour, nationality or ethnic or national origins) and membership of the Traveller community) could also lead to an expensive discrimination claim.
Don’t penalise seasonal workers for invoking their rights
Don’t overreact if a temporary worker raises an issue with their employment. The Protection of Employees (Fixed-Term Work) Act 2003 specifically prohibits employers from penalising employees who invoke their employment rights. If you fail to address a complaint solely on the basis that the employee is on a temporary assignment, you run the risk of becoming embroiled in a distracting Workplace Relations Commission claim which will be a drain on both your time and financial resources.
Taking on additional staff this Christmas? Phone us on 0818 923 923 to discuss any issues with our HR experts.
