What is the future of recruiting seasonal workers?

The Employment Rights Bill is still being revised in Parliament by the government. This will affect employers of seasonal and temporary employees. Adam Grant explores key issues that employers of seasonal and temporary workers should consider

Many businesses experienced an influx in temporary workers during the holiday season to meet the increased demand for goods and service. After the holiday season, many workers will be looking for new work. The cycle will repeat itself in the summer when the return of university students and the summer season will bring an influx of seasonal jobs. And again at Christmas next year, as retailers and hotels experience their usual busy festive period. What will the future of temporary work look like for businesses?

After the announcement by the government of the new Employment Rights Bill, the issue of workers with zero or low hours has been receiving a lot more attention. Many in the Labour Party view these arrangements inequitable, and the Bill aims to provide greater protections, both in terms on pay and hours, for workers in this category.

What are your key proposals?

The proposed changes to the law are complex and voluminous, but they can be grouped into three categories.

Offer guaranteed hours Employers must offer zero hour workers a contract with guaranteed hours at the end every “reference period” (to be determined by regulations, but likely after 12 weeks). 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). The tribunal can be contacted by a worker if they do not receive an offer within the specified period.

2 Notice of a shift A new duty for employers to provide workers with reasonable notice (including time and duration) of shifts, and reasonable notice to cancel or change a 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.

3 Cancelled or curtailed shift Workers will be entitled compensation if their shift is cancelled or curtailed. They will also have the right of complaint to an employment tribunal. Regulations will specify the amount that the employer must pay each time it cancels or moves a “qualifying” shift.

The Labour Party’s goal behind these changes is to “end unbalanced flexibility” and ensure that “all job positions provide a minimum level of predictability and security”.

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 happen before Autumn 2026), then we can imagine a scenario in which businesses would be forced to offer contracts with higher guaranteed hours that what they actually need and less flexibility to reduce or shorten shifts when there are unexpected fluctuations in demand.

What can business prepare for?

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

• Auditing– Current usage of low or zero hours contracts in order to determine the reliance on these additional services;
• Reviewing– Patterns to determine seasonal fluctuations and how many workers will be needed to cover them (if more than 12 weeks is required, it may be necessary to guarantee hours).
• Monitoring– the hours and shifts that are worked, and whether or not current systems can adequately record this data.
• Communication: Developing better systems to notify workers about shift patterns and changes in order to avoid financial penalties for future late shift changes.

The new duty to prevent sexual harassment at work

Many businesses might not have realised that the Worker Protection (Amendment of Equality Act 2010), Act 2023, came into effect in October 2024 because of the huge amount of media attention surrounding the Bill. The concept of protecting employees from sexual harassment isn’t new. However, the Act places new legal obligations on businesses that they must take reasonable steps to avoid sexual harassment in the workplace.

Businesses in the hospitality and retail sector 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 states that regular training and evaluations of policies are required, and that complaints must be handled effectively, efficiently, and sensitively. The EHRC also recommends:

• Before starting a shift Managers/HR should reiterate their zero-tolerance policy towards sexual harassment during regular manager meetings and briefings. They can also provide staff with training and advice on how to intervene if an incident occurs.
• Remind staff of sexual harassment policies at the beginning of each shift and what sexual harassment is. Ask staff who are responsible for handling complaints in a briefing to introduce themselves to the staff and to the appropriate complaint channels.
• At a shift’s end remind staff of the zero tolerance approach to sexual harassment and the confidential reporting channels. See the EHRC’s Employer 8-Step Guide and Technical Guidance for more information.

The Bill proposes future improvements to protect workers, including a broader definition of third party harassment which will increase liability for employers when customers harass their staff. It also increases the obligation on employers that they take all 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.

• Audit: Impact on seasonal workers’ risks
• Policy: Ensure that there is an official document that outlines the standards of conduct, and how to file complaints.
• Training should be available to all employees, not only those who have been with the company for a long time;
• Customers should be informed, most commonly by signage, of the standard of behavior expected from them.

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