Seasonal Employment – employer obligations when managing Fixed-Term Seasonal Jobs

As the seasons change, so does the demand for seasonal jobs across various industries from retail and hospitality to agriculture and tourism. While seasonal employment offers a temporary boost to both employers and job seekers, it also presents a set of legal issues from the initial hiring process to the termination of employment.

In this article, we will explore fixed term contracts with seasonal employment. We aim to inform you of some of your legal rights and responsibilities of a seasonal worker.

Fixed-Term Contracts for Seasonal Jobs

With the surge in holiday shopping, the demand for seasonal employment has seen a noticeable increase. Fixed-term contracts have played a key role in catering to those seeking temporary seasonal jobs, whether for a few weeks or several months.

Fixed-term contracts serve a versatile role beyond seasonal employment, finding application in various scenarios, including:

• Executing a specific project.
• Providing coverage for an employee on extended sick leave.
• Addressing family-related leave situations, encompassing adoption or maternity leave.
• Utilising funding allocated for a project’s execution.
• Meeting the demand of short-term business needs.

Despite the “fixed term” title, the terms of such contracts can vary significantly. The basis of any termination can vary from agreement to agreement. Allowing either party to terminate during the fixed term at any time after giving a specified period of notice is one way to end an agreement, but there are others, such as allowing only the employer to terminate, a fixed date, or at the end of a probationary period.

What are worker’s entitlements when working a seasonal job?

Seasonal worker have a number of important employment rights.

Here are the basic entitlements shared by both seasonal workers and permanent employees:

• Breaks – A continuous break of at least 20 minutes is granted for each shift lasting six hours or more. They should also have a daily rest period of 11 hours and weekly rest period of 24 hours.
• Payslips – Each pay period includes an itemised payslip detailing gross wages before deductions, along with an explanation for any deductions made.
• Paid Holiday – Workers have a minimum entitlement of 5.6 weeks per holiday year. From April 2024 it is lawful to ‘rolled up’ holiday pay for part-time workers and those who work irregular hours, enabling employers to include an amount for holiday pay on top of the hourly rate in regular pay packets.
• Wages – All workers are entitled to receive the applicable minimum wage for their age. Employers failing to comply may be subject to civil and criminal liabilities.

How does the termination of a seasonal employment contract work?

The termination of a seasonal employment contract typically depends on the terms outlined in the employment contract itself. Here is a general overview of how the termination process for a seasonal employment contract might work:

• Contractual Terms – Check the employment contract for any specific provisions related to termination. Some contracts may specify the duration of the seasonal employment and the conditions under which it can be terminated.
• Notice Period – The contract may include a notice period that either the employer or the employee must provide before terminating the employment. This period allows both parties to plan for the end of the employment relationship.
• Reasons for Termination – The contract will likely outline acceptable reasons for termination. Common reasons may include the completion of the seasonal work, the expiration of the contract term or other legitimate reasons such as performance issues or violation of company policies.
• Exit Interviews – Some employers conduct exit interviews to gather feedback from seasonal employees upon termination. This can provide insights into their experience and may be valuable for improving future seasonal hiring processes.
• Return of Company Property – If the employee was provided with any company property during their employment, there may be procedures in place for returning these items upon termination.
• Final Payments – Ensure that the employee receives any outstanding payments, including wages for hours worked, holiday pay or other entitlements. This is subject to the terms of the employment contract.
• Documentation – Properly document the termination, including the date, reasons and any relevant discussions. This documentation can be important in case of legal disputes or for reference in future hiring decisions.

All seasonal workers with less than two years of continuous employment with the business are not entitled to statutory redundancy pay and do not have the right to claim unfair dismissal but they do enjoy important rights such as the right to not be discriminated against or subject to detriment due to whistleblowing.

How can our employment lawyers help?

While fixed-term contracts for seasonal employment are commonly seen as straightforward, employees must stay vigilant, as they may still be vulnerable to unlawful discrimination or whistle-blowing claims. Even as a seasonal worker, it’s essential to understand that you have the right to compensation if you experience such issues, similar to a permanent worker. 

Our team of employment lawyers are ready to support you with any employment-related concerns. Whether you’re facing what you believe to be an unlawful early termination or dealing with a potential discrimination claim influencing your employment status, our lawyers are here to guide you through the process and ensure your rights are protected.

If you wish to speak to a member of the team, do not hesitate to contact our Doncaster lawyers on 01302 341 414 or our Sheffield lawyers on 0114 272 1884. Alternatively, you can fill out our online enquiry form and a lawyer will get in touch with you.