Subcontractors and Temporary Staff
A business will commonly take on temporary staff from an agency to cover sickness absence, maternity leave or to help with a particular project.
Often the business will be unsure about the rights of such workers, and whether they are an employee of the agency or the business. We can advise on the workplace rights of agency workers.
Fixed Term Contract Employees
We can also advise in respect of employees recruited on fixed term contracts. Under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 they can bring a claim against their employer if they are treated less favourably than permanent employees, for example, in respect of salary and benefits and general terms and conditions. Also, the Employment Act (Dispute Resolution) Regulations 2004 have impacted upon the procedure to be followed at the expiry of a fixed term contract. We are able to advise on compliance with the relevant legislation, assist with drafting fixed term contracts and provide guidance and representation in the event of a claim.
It may make business sense to outsource a particular service required by your business; with common examples being services provided by security staff, receptionists and cleaners. If so, you will need a contract for services with the supplier, which our corporate/commercial team can draft. You may also require employment advice; in particular in relation to the TUPE obligations on both the outgoing and incoming service provider.
Workers who are recruited each season, with a break in between, may have continuity of employment and qualify for rights under unfair dismissal legislation and a redundancy payment in certain situations. We can advise in relation to the rights of such workers and help you to minimise your exposure to any claims by them.
For further advice contact our team direct or talk to your usual contact in the firm.