Contracts – takes all sorts
November 4, 2015
Tis the season where some of you will be thinking about hiring additional staff to cope with the Christmas demand with the key word being flexibility. These are the types of contracts you may wish to consider: –
Its exactly that, its exactly the same as a permanent contract along all the benefits and entitlements that come with it, including holiday and benefits, except this contract has a specific end date. This might not be the best fit for an organisation who needs staff for just the Christmas period, but its certainly worth considering.
You have the work, you offer the work to a person and they have the option to either take it or leave it. They get paid for the work they do for you. The obligations stop when they finish work that day/evening. Its usually used to cope with spikes in business such as Christmas. The downside here is the person is under no obligation to accept the work, and with the demand for staff over Christmas, it might leave you in a difficult position, as others will also be offering work.
Much maligned and talked about usually not in a good way, but they have their benefits. Similar is a way to casual contracts with one key difference, the contract is ongoing and does not stop when the person leaves their work or shifts despite them only getting paid for the work they do. Since the brouhaha during the summer concerning zero hours contracts, changes are afoot particularly in relation to exclusivity clauses. As an employer you need to determine how you deal with someone on such a contract who turns work down. Zero hours are really useful in my opinion for the Christmas period, as the employer has the security of knowing they have a ready bank of staff to call on.
These are employed usually through an agency, sometimes directly and are paid hourly. If they come through an agency, they are the responsibility of the agency legally. The agency then charges the employer a fixed hourly fee which includes the temps wages, holiday pay and entitlements together with the agency mark up fee. Temps are only paid by the agency for the hours worked and upon receipt of a signed timesheet. Very common and very useful for peaks in demand with all of the administrative burden placed on the agency.
Self employed – for services
These types of arrangements are very common in the courier industry (think Yodel), where to cope with peaks in demand self employed couriers and van drivers are hired on a self employed basis. The employer has no legal obligation towards them in terms of employment law as they have no employee status. They are usually paid upon receipt of an invoice.
Other options to think about
- Offering overtime to existing permanent members of staff whether full time or part time
- Offer flexi-time which allows employees to ‘bank’ extra hours and take the accrued days at a later date.
- Offer time off in lieu over an above hours worked at a later date
You will need to ensure you comply with employment legislation when taking on any staff for any length of time regardless of the status of their employment. That’s why its essential to get a written agreement in place which Tercus HR can help you with.