No temporary measures when hiring seasonal staff
NO TEMPORARY MEASURES WHEN HIRING SEASONAL STAFF
The festive season is possibly the busiest time in the calendar for many restaurants, and, with it quickly approaching, many people’s thoughts turn to hiring seasonal staff.
Be careful though, there are a number if issues you need to be aware of.
Article prepared for Restaurant magazine by Freeth Cartwright partner Joanne Kay.
The festive season is possibly the busiest time in the calendar for many restaurants, and, with it quickly approaching, many people’s thoughts turn to hiring seasonal staff.
Be careful though, there are a number if issues you need to be aware of.
Many people use word of mouth to recruit seasonal employees, but this means it can sometimes be difficult to explain why you’ve not hired someone’s friend! The tried and tested method of advertising in local papers and at the premises may be enough to attract enough people you want to employ at this time of year.
Obviously, advertising the posts as widely as possible ensures that a wide spectrum of the public will see the adverts and have the ability to apply, hence promoting equality of opportunity.
The only note of caution would be to consider the descriptions and any pictures used in the adverts so that you do not represent anybody in a stereotypical way, and don’t use inappropriate wording as these could all give rise to a discrimination claim.
In terms of employment issues, temporary employees have the right to:
· at least one week’s notice
· receive statutory sick pay
· the national minimum wage - check their age so that you pay them correctly!
The Working Time Regulations (WTR) also cover temporary workers. A worker’s average working week must not exceed 48 hours, unless they agree to opt out of the WTR. Employers must take ‘reasonable steps’ to ensure that this is complied with so in light of this it would perhaps be advisable to keep note of all hours worked to avoid you running into difficulty with an Employment Tribunal and/or the HSE.
The WTR also lay down minimum criteria for rest periods and holidays for all employees, including a daily rest period of 11 hours and a weekly rest period of 24 hours. There is also an automatic entitlement to 28 days holiday per year, which accrues at 1/12th of the employee’s entitlement each month. Care should be taken to ensure that temporary workers’ holiday pay is correctly calculated.
In terms of who can be employed, children aged 14 and over can be employed part-time. Certain local byelaws also permit 13 year olds to do ‘light’ work on an occasional basis. If there are no byelaws in place then 13 year olds are not permitted to work, so if you intend to employ anybody who is 13 check you can.
Employers also have to examine and keep copies of all employees’ passports. It is also a criminal offence to employ somebody who is not entitled to work in the UK, although you have a defence if you have checked that the employee has the necessary documents. Therefore always check the documents and take copies.
It can often be difficult motivating staff to work hard over the Christmas period, especially when they might rather be at home with their families watching TV.
Many employers use incentives to keep their employees happy and motivated. Perhaps you could consider offering a bonus linked to the amount of tables waited on, double their tips or maybe have a staff Christmas lunch at the end of the day.
Remember that often just being thanked for working hard over the period can mean a lot to staff. This will also mean that they will work hard and come in, and if you want to retain them after the festive season has finished there is a higher chance they will want to stay.
On the other hand, make sure that staff are not over stepping the mark and are not having too much fun at work rather than working!
If you do decide to hold a get together for staff always remember that everybody’s behaviour to their friends and colleagues must continue to be as considerate and courteous as they would be during the normal working day. There is no place for loutish behaviour at these events and, in addition, all of your policies and procedures relating to equal opportunities and harassment remain relevant.
You should also consider worker safety, as many shifts finish quite late which could put employees at risk when travelling home. Maybe set up a ‘buddy’ scheme so staff do not travel alone, or allow them to call cabs from the restaurant so that they do not have to walk anywhere. This will also promote a feeling of loyalty which will again make them work harder and want to stay.
Summary:
· Carefully consider the wording of all adverts for temporary staff
· Copy passport details for all employees and work permits if applicable
· Note the age of all staff, so you can correctly pay them and also to ensure you can employ them!
· Ensure that all staff get the necessary rest and holiday periods, and do not work too many hours
· Try and motivate staff - consider incentives
· Consider staff behaviour and safety
For more information contact Joanne Kay:
Tel: 0116 936 9383 or email Joanne on joanne.kay@freethcartwright.co.uk
ends - 12 December 2007