What Are My Temporary Christmas Employee Rights?

Legally reviewed by: LLM, LPC & LLB (Hons) Shereen Murphy Updated: August 22, 2023In: Employment

Every year the UK takes on additional seasonal workers to cater to the surge in business around the Christmas period. Although the work is often busy, it’s important for your employer to not neglect your employment rights. Therefore, it’s important to understand your temporary Christmas employee rights to assure you are being treated fairly.

Although you are only in the role for a temporary amount of time, a temporary Christmas employee is entitled to all the same working conditions as a permanent employee. In addition, temporary Christmas employees have some additional rights.

What Are My Rights as a Temporary Christmas Employee?

As a temporary Christmas employee, you obtain all the same rights in law as those who work full-time. This means that you should receive equal pay and working hours as well as holiday entitlement as permanent employees.

Some of the rights that you receive as a temporary Christmas employee are that you must:

• Receive at least the national minimum wage
• Receive a wage slip, and your employer must ensure you are paying tax and National Insurance contributions on your earnings
• Not have your employer unlawfully deducting any pay from your wages
• Not be allowed to work more than 48 hours per week on average, unless you have consented to this by ‘opting out’
• Be permitted to your entitled rest breaks
• Receive protection from discrimination, whistleblowing, and maternity/paternity leave
• Paid annual leave
• Working time limits
• Access to shared facilities at your workplace (these could include canteens, crèches, car parking areas, etc.)
• Statutory sick pay

In addition, you are also protected against any less favourable treatment due to not being a permanent employee. As a result, you must receive the same pay, conditions, and benefits as a permanent employee. You must also receive information about permanent vacancies that become available.

Contract of Employment

However short term your role at the company, you must be given a contract of employment. If your employer does not give you a contract of employment, they are breaking the law.

Termination Notice Rights for Temporary Christmas Employee?

In most cases, if you are working on a temporary contract this will be for a fixed amount of time. At the end of the fixed term, the employment will either end or you may be employed on a permanent basis. However, in some cases, your employer may wish to terminate your employment early. If your employer wishes to terminate your contract, they will need to provide you with a written notice at least one week prior where you have been working for them continuously for a month minimum.

Receiving Redundancy Pay as a Temporary Christmas Employee

To receive redundancy, pay, you must have worked continuously for your employer for two or more years. However, during your notice period of at least a week, you should receive pay throughout and your final pay should include any other outstanding pay such as unused holidays.

Read more about what to do if your employer owes you money.

What Are My Temporary Christmas Employee Holiday Rights?

Temporary Christmas Employees are entitled to holidays. Employees accrue holiday days (or holiday pay) pro-rata, meaning they the number of days you are entitled to will depend on how long you have worked for your employer. For a full-time employee working a 5-day work week, you will receive on average 28 days per year, this is the equivalent of 5.6 weeks.

Your employer should calculate your holiday entitlement, no matter the time you have worked for them.

What Are My Temporary Christmas Employee Bank Holiday Rights?

Particularly over the Christmas period (Christmas Day, Boxing Day, etc), your employer can include bank holidays as part of your statutory holiday entitlement. Bank holidays do not also have to be given as paid leave. This decision will be up to your employer and should be covered by your employee handbook or contract.

Expert Legal Help from AWH’s Employment Solicitors

If your employer has used your temporary or part-time status to deny you your legal employment rights, AWH Solicitors can represent you and help make a claim on your behalf.

Our solicitors are up to date with all legislation involving temporary employees. Therefore, you can rest assured your claim is in good hands. If your employer has failed to pay your wages or breached an employment contract, our solicitors will make sure your best interests are protected.

Employment law is constantly being updated as it reacts to the ever-changing economy, new technological advancements, and verdicts on tribunal cases throughout the country.

Because of this, it can feel like a minefield if you’re looking for justice. With us, by your side, your employment law claim will be a lot more straightforward. Contact our employment lawyers today or request a call back to discuss your case. Our solicitors are regulated by the solicitor’s regulation authority (SRA).