Q: What rights do temporary staff have?
Apr 08 2006
Answered by: Peter Done Ask a question
All temporary workers are entitled to their contractual rights and will usually fall under the protection of employment legislation designed to protect workers/employees from abuse (irrespective of whether they are temporary or permanent).
For example, they may be entitled to rights under the Working Time Regulations such as statutory sick pay, holiday leave and the National Minimum Wage. Under discrimination legislation they would be protected from discrimination in relation to part-time status, sex, race or disability, etc and would be protected if they make a public interest disclosure. Under one year’s service they would not be entitled to be treated ‘fairly’ as per the Unfair Dismissal legislation but they could sue for breach of contract if the employer failed to observe their terms and conditions.
There are expected developments in this area with the draft EU directive on Working Conditions for Temporary Workers. However, this was put on ice in September 2005 so no developments for the moment.
Also see our guide to written statements of employment.
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