Temporary job question

Unwell2023

Hi,

If someone was a temp due to finish at Christmas shut down and say after the break they then find themselves asked to return in the new year, would that then be classed as new employment? (a loss of continuous employment because of the unpaid break in between Christmas and New Year)  

Many thanks

lincroft1710

If there is a unpaid break of seven days between finishing one period of employment and then starting the next employment then the employment would not be considered continuous. In your case assuming you finish on either the 22nd or 23rd (or even the 24th) then there are at least 7 clear days until the 1st or 2nd. So it would not be continuous employment.

General_Grant

Unwell2023 said:

Hi,

If someone was a temp due to finish at Christmas shut down and say after the break they then find themselves asked to return in the new year, would that then be classed as new employment? (a loss of continuous employment because of the unpaid break in between Christmas and New Year)  

Many thanks

There should be at least 2 Saturdays included in the gap in employment.

Is the person an employee or worker?

Unwell2023

Thank you very much both. 

@General_Grant I believe they are an employee (?) albeit temporary with an end date on an email with the line extension possible into the new year although they are unable to work in-between Christmas and New Year even if that was an option, they just think they may get a call on the 2nd or 3rd January offering them an extension.
They are employed directly with the employer, have the same payday as rest of the staff.

My friend took on the job being told it was initially fixed term 'due to funding', however when they then started it came out they are covering sickness of someone with a permanent contract but who hadn't been in the role really very long themselves. 

The concern is they'll keep getting extensions given and if it is treated as new employment each time; they won't get any pension contributions as one downfall? (the employer could keep making it a two or three month fixed term each time)

Unwell2023

Sorry to drag this up.

My friend has seen pension contributions on their latest payslip but technically they were coming up for the third payroll anyway.

Can my friend expect to be spoken to with the end date approaching? they have the 22nd noted and that's what shows on the hr system.  it's just another temp who likes a lot of time off has commented they have a date until late January, and managed to book leave first week when back in January, whilst having to endure conversations about the people of sick who are coming back but of course understandably entitled to take holiday accumulated.  Most of my friends time has been spent covering the other temp time off it really does feel like it.  

They've tried to speak to the manager but get the feeling the subject is being avoided.

My friend is torn as they know they'll need to start a claim for UC and have started to apply to other companies, securing 1 interview for a permanent role elsewhere at the moment and a bit reluctant to start messing employers with perm/more longevity jobs around. 

Savvy_Sue

They're not messing the current employer around if they find a permanent job. If the current employer wants them longer term, they need to offer a longer contract. 

Is that what you're asking?

Unwell2023

Thank you, they were concerned it may look like they are misleading any new / would be employer if anything. Fortunately they put a holt on making anymore applications as they heard from the current temp employer they can expect finalisation on Friday with a view to being kept on.

Just my friend didn't want to get in to a situation of it being just a couple of days or day here and there leading to scant wages end of January as they've really heard the people off sick are due back and as it is a small workplace it cannot seat everyone, but I suppose they will really need to hold out for Friday.