As we head towards Christmas, it can be a very busy time for sandwich manufacturers and retailers.
To deal with the seasonal rush, you will need to take on extra staff. But what are your best options?
The British Sandwich Association Advisory Service look at what you can do and the essential things you need to be aware of:
Zero hours contracts
Despite the furore surrounding zero hours contracts in recent years, they are a great way to access a pool of people and respond quickly to fluctuations in demand. Employers particularly like these contracts because workers are only paid for the work they actually carry out.
However, employers need to take care to not fall in the common pitfall of assuming that zero hours contracts mean zero rights. Employers must establish the individual’s employment status and what rights they are entitled to. In most cases, the nature of zero hours means that the individual will be considered a ‘worker’, therefore they have the right to be paid the National Minimum Wage/National Living Wage, paid annual leave and not to be discriminated against on basis of sex, disability, religion, etc. Make sure you get this right to avoid problems further down the road.
You also need to make sure that you are not enforcing any exclusivity clauses. The law doesn’t allow the use of provisions in a contract of employment which restricts someone on a zero hours contract from undertaking work with another employer or bans them from taking work with another employer without the employer’s consent. If these provisions are in the contract, they are unenforceable.
To fully understand all the repercussions of zero hours contracts, seek advice from the British Sandwich Association Advisory Service.
Overtime
You may decide to get your existing staff to work overtime. You can only make employees work overtime if their contract allows this. You do not have to pay workers for overtime, but the employer needs to ensure that the employee’s average pay for all the hours they have worked does not dip below the relevant minimum wage requirements. As per the Working Time Regulations, employees cannot work more than an average of 48 hours per week. Nevertheless, the employee can opt out of this working week limit by agreeing to this in writing.
Agency workers
Agency workers can also help a business respond to a seasonal rush. They can be a quick and effective way to hire skilled and qualified staff to fill difficult roles.
An agency worker is employed by a recruitment or employment agency. You pay the agency who pays the worker. It is the agency who has the responsibility to pay the worker and ensure that the agency worker receives their rights. However, you still need to provide them with a safe working environment and notify the agency of your company’s terms and conditions to ensure that the agency worker gets equal treatment after the 12 week qualifying period. Seek advice from the British Sandwich Association Advisory Service to understand agency workers’ rights.
Fixed-term contracts
Fixed term contracts are another fantastic way to get some additional help. But many employers are unaware that fixed-term employees have a lot more rights and protections than they may first realise, which can lead to some nasty surprises and significant liability.
Fixed-term employees have the right to not to be treated less favourably than comparable permanent employees. Additionally, they cannot be subject to any detriment by their employer due to the fact they are on a fixed-term contract. For instance, the employer gives permanent employees training opportunities, but does not do the same for fixed term employees.
Finally, the non-renewal of a fixed-term contract constitutes a dismissal in law. This means that they may be able to claim unfair dismissal if they have over two years’ service. They may be able to succeed in their claim if they show that the employer failed to renew their contract for a fair reason or for not following a fair procedure!
Young workers
You may wish to hire a young worker - someone over the compulsory school age, but still under the age of 18. Remember that when hiring these workers, the general rule is that young workers are not permitted to work more than 8 hours a day and 40 hours per week. Additionally, if they work for you every Christmas, it is vital to monitor their age to ensure you are paying them the correct minimum wage.
To discuss this further, contact the British Sandwich Association Advisory Service on 0845 226 8393 or