The Employment Rights Bill and seasonal workers

Employers who hire seasonal workers should be familiar with the Employment Rights Bill. If misunderstood, or ignored, it could result in tribunal proceedings and damage to their reputation

As the festive season approaches, the usual influx in new faces has been seen working in the retail and hospitality sectors to cover seasonal spikes.

In a few short weeks, though, many of these workers will once again be on the lookout for new job opportunities. Recent attention has been drawn to the issue of low and zero hour workers, following the introduction the Employment Rights Bill. This bill will give zero hours workers more certainty in their hours and pay.

According to the Bill in its current form (amendments have been made and a recent consultation ended), employers are required to offer workers who work zero hours a contract with guaranteed hours at the end every “reference periods” (to defined by regulations, but most likely 12 weeks after). What are the main changes that the Bill will bring about?

Guaranteed hours

The contract for guaranteed hours must specify the days and hours of the week, or the work pattern (which will reflect the reference period’s hours during the relevant period). The tribunal can be contacted by a worker if they do not receive an offer within the specified period.

Shift Notice

Employers are now required to give reasonable notice to workers of their shifts, including the time and length of the shift. They also have to give reasonable notice to employees of any cancellation or change to the shift. The employer will have to give workers a reasonable notice of shifts (including the time and duration) as well as a reasonable notice of cancellation or changes to a shift. Other provisions will apply to agency workers.

Cancelled or reduced shift

The worker has the right to file a complaint with the employment tribunal if their shift is canceled, moved or shortened. Regulations will specify the amount that the employer must pay each time it cancels or moves a “qualifying” shift.

The changes are intended to “end unbalanced flexibility” and ensure that “all employment provides a baseline level security and predictability”.

Employers have great flexibility when it comes to setting the pay of seasonal workers and their shift patterns. They can also end these arrangements without much notice or process. If these proposals are approved, (and we’re told this won’t be before autumn 2026), then we can imagine a scenario in which employers will have to offer contracts with more hours guaranteed than they need and may not have the flexibility to cut shifts short or reduce them if there are unexpected changes in customer demand.

What can business prepare for?

Businesses should not only closely monitor future government updates but also:

• Assessing the current use of low or zero hours contracts in order to assess how dependent your business is on them
• Examining shift patterns and determining when seasonal fluctuations occur, as well as how long workers will be needed to cover this fluctuation (if more than 12 weeks is required, it may be necessary to guarantee hours).
• Monitor hours worked and whether the current system is adequate to record this data
• Avoid future financial penalties by communicating and improving systems to notify workers of shift patterns, changes and notifications.

It is the duty of employers to protect their employees from sexual harassment

The Worker Protection (Amendment of Equality Act 2010 ) Act 2023 entered into force on October 2024. The concept of protecting employees from sexual harassment isn’t new. However, the Act places an obligation on employers to take reasonable measures to prevent sexual harassing workers during employment.

Businesses in the retail and hospitality sectors should be familiar with the new obligations. In particular, they should read the Checklist and Action Plan published by the Equality and Human Rights Commission on 12 November 2024.

The EHRC is clear that complaints must be handled effectively, efficiently and with sensitivity. The EHRC also recommends:

Before shifting

Managers/HR should reiterate their organisation’s zero tolerance approach to sexual harassing regularly at manager meetings and briefings. They can also provide staff with training and advice on safe intervention methods in the event of a sexual harassment incident.

The start of a work shift

Remind employees of sexual harassment policies. Also, remind them what sexual harassment is. Ask staff handling complaints to attend a briefing to introduce themselves to the staff and relevant complaint channels.

End of shift

Before staff leaves the office or finishes their shift, remind them that sexual harassment is not tolerated. Also, let them know about the confidential reporting channels.

The Act proposes future improvements to protect workers, including a broader definition of third party harassment which will increase employers’ liability when customers harass their staff. The Act also requires employers to take reasonable measures.

Many businesses limit the training they provide to the specific role, as many workers only work for a few weeks. A worker may bring a discrimination claim on the first day of employment.

• Risks to seasonal workers: An assessment of the potential impact
• Make sure there is a policy document that clearly outlines the standards of conduct as well as how to make a complaint.
• Everyone should receive training, not only long-term employees
• Signage is a common way to inform customers of the expected standard of behavior.

The EHRC Employer Guide: 8-Step Guide and Technical Guidance provides important additional information.

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