Seasonal temporary workers notice period

[Sobie]

Hi,
We are a garden centre and so employ people on seasonal contracts.
We employed someone in April, on an 8 week contract (which was subject to change) That person still works for us but we have not issued a new contract.
Also the job description and pay has changed since the contract was issued.
The person is leaving us in mid Jan to go travelling.
I would like to end the employment at Christmas.
How much notice period am I required to give this employee? and what If they do not wish to leave until they go traveling? would i be expected to pay them until including xmas holidays etc?
Thanks
Rachel

 

[Richie N]

What notice is stated on the contract?

 

[Sobie]

we've stated one week.

 

[Richie N]

Why would you give one weeks notice on a 8 week contract?
However, if it does state that then you will have to give this.

 

[Sobie]

Just reread it, I actually put one day and it has been signed.
The employee has been with us for 32 weeks, does that matter?

 

[Richie N]

Just reread it, I actually put one day and it has been signed.
The employee has been with us for 32 weeks, does that matter?

Really depends on the contract, temporary workers can be given one days notice but 32 weeks is a long time.
You will need to speak to one of the employment lawyers about this, Lime HR or Employment Law Clinic on here will be able to help you.

 

[paulmedia]

you can actually, give him/her two weeks notice, but to be sure consult a lawyer

 

[Employment Law Clinic]

Hi,
We are a garden centre and so employ people on seasonal contracts.
We employed someone in April, on an 8 week contract (which was subject to change) That person still works for us but we have not issued a new contract.
Also the job description and pay has changed since the contract was issued.
The person is leaving us in mid Jan to go travelling.
I would like to end the employment at Christmas.
How much notice period am I required to give this employee? and what If they do not wish to leave until they go traveling? would i be expected to pay them until including xmas holidays etc?
Thanks
Rachel

Hard to say without looking at the contract & the current employment circumstances, but it appears you may effectively have a permanent contract in place now - they're neither doing the work, nor receiving the pay, as detailed in the temporary contract, so this possibly came to an end, with a new contract coming into force. You should still be able to end the contract rather easily, with the legal minimum of one week's notice, once you cover the legal formalities to ensure there is not a wrongful dismissal.

Regarding paying them, not quite sure of the point here, but they will be entitled to any holidays accrued, and if they worked for you until Christmas, you would of course have to pay them until then.

Please PM if you want me to look at the contract, and discuss the matter further.


Karl Limpert

 

[sjbeale]

The statutory requirement is one week's notice. You also need to pay any accrued untaken holiday pay.

 

[yorkshirejames]

Really depends on the contract, temporary workers can be given one days notice but 32 weeks is a long time.
You will need to speak to one of the employment lawyers about this, Lime HR or Employment Law Clinic on here will be able to help you.

No - where they have at least a months' service then they are entitled by law to one weeks' notice (even if they have signed to accept one day).

Practical advice - don't create a possible argument over a couple of weeks pay. You state this person is leaving in Mid January. Sit them down, and say that you need to agree an ending date, and suggest something like Fri 8th January. As an output from this meeting, do a letter (signed by you as the employer, and by the worker) stating that her temporary contract will end on fri 8th jan, and that it has been mutually agreed this will be the last day. As good HR practice, also put in this letter something like "in your holiday year 15 April 2009-15 April 2010 you have three holiday days remaining to be taken, and you have advised management you wish to take these dates on 24th 25th and 26th December. This request is accepted".

If they tell you that they are no longer going travelling and want to stay, then that is the opportunity to mention economic conditions and then say that you need to give her her notice (don't use the word redundancy).

To do this properly, with a review of the contract, and letters drafting for you, I recommend you contract Sandra or Karl.