Seasonal Workers

Seasonal workers cannot benefit from statutory employment protection but are classed as workers and therefore benefit from The National Minimum Wage and the Working Time regulations 1998.

Employers should not ask live – in staff to be on call unless they are prepared to pay them for the time on call – even if they are asleep!

Recently £16,060 back pay was awarded to a living-in hotel worker who was effectively working 132 hours a week. The employer required the worker to carry out specific tasks in the hotel for 6 days a week and paid her for 36 hours a week at the minimum wage. The rest of the time she was expected to be on call for which she was not paid.
The Employment Appeal Tribunal found that the employer should have paid her for all the hours that she was on call.

Another case in June this year involved a night watchman who was required to perform certain tasks at the beginning and end of his shift and to respond to emergencies during the night. For the rest of the time he was allowed to use the sleep in facilities provided on site. He was paid £20 per night for sleeping in and later this was raised to £24 per night. The Employment Appeal Tribunal made it clear that the National Minimum Wage Act 1998 provided for a worker to be paid the whole time he is available for work. Workers are also entitled to annual leave after three months of employment.

This brings me to the maximum working week which is, as you know, 48 hours, unless of course the employee signs an agreement to opt out of the regulations.

However, it is important to be aware of the effect of the Working Time Regulations on children. Many small hotels and catering establishments employ young people who are under 18. The hours young people are permitted to work differ depending on their age. During term time, children aged 14 can only work for 2 hours on weekdays and Sundays and for 5 hours on a Saturday. During school holidays they can work for up to 5 hours on a weekday or Saturday but no more that 2 hours on a Sunday and they cannot work before 7am or after 7pm.

Children aged 15 or 16 who are still at school are subject to the same restrictions as those outlined above, with the exception that that they are permitted to work for up to 8 hours on a Saturday or during the school holidays.

Young people aged 16 and 17 are only permitted to work for 8 hours every day or a total of 40 hours over the course of a week. They cannot normally work between 10 pm and 6 am, although there are some permitted exceptions, for example those who work in hotels or catering. Finally, young people are entitled to a 30 minute break when they work for more than 4.5 hours.

Tourism is of great importance to the region and the last thing it needs is to get bogged down in red tape and employment law. We have some fantastic beaches and beautiful countryside, so it is up to us to ensure that tourists are made to feel welcome regardless of the weather!

Contact Caroline Mitchell for further information or advice.

Published 29/07/2008. The author of this article is Caroline Mitchell