Labour Research (June 2002)

Features: Law queries

Law queries

What rights do temporary workers have to sick pay and holidays? Does it depend on how long they have worked for the employer? Can you also tell me if employers now have to guarantee permanent work to temps after a certain period of time?

At present a temporary worker only gets the right to Statutory Sick Pay (SSP) if working on a contract of three months or more. However, from 10 July 2002, all temps will be entitled to SSP from day one just like permanent employees. The right to paid statutory holidays already applies from day one.

Employers are not at present obliged to offer permanent work to temporary workers. However, draft regulations were issued earlier this year which are due to come into force next month (10 July). They will give temps the right to "no less favourable treatment". If implemented in their current form they will require employers to justify any renewed offers of temporary contracts, although only in cases where the temporary employee has already been working for four years.

More information: "Fixed-term rights may fall short of directive", Labour Research, March 2002


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