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Wednesday, 3 October 2023

Working out your employment status: seasonal or fixed-term contracts

If you are not sure whether you are an 'employee', 'worker' or 'self-employed' you can read the statements below to help you decide. If you think the majority of the statements apply to you, then it is likely that you are an employee.

Seasonal or fixed-term contracts

It makes no difference if you are called a seasonal worker or fixed-term employee. If you agree with most of the statements below, you are likely to be an employee:

  • you have worked for a single company or business, but only during certain months of the year
  • during the months you work for the company, you are required to attend work on a regular basis unless on authorised leave
  • you are required to work a minimum number of hours (whether fixed or variable) and you expect to get paid for the hours you work
  • your manager or supervisor is responsible for your workload, directing when particular work should be completed and the way it should be done
  • you cannot send a someone to do your job for you
  • tax and National Insurance contributions are deducted from your wages
  • you accrue holiday leave during the period of your employment and, if you are unable to take your holiday (eg due to the short term nature of the contract) you receive a payment in lieu of accrued holiday at the end of the contract
  • you are subject to the company's disciplinary and grievance procedures
  • you work at the company's premises or at a location specified by the company
  • the company provides the tools and equipment that you need to do your job
  • you work exclusively for the company or you have another job but it is entirely different to your work for the company
  • you work on fixed-term, renewable contracts

The statements above use the example of work done for a 'company'. However, they apply equally if you work for a sole trader, partnership or any other form of business organisation.

Example situation

If you are not sure whether you are a fixed-term or seasonal employee, you can read the following example situation to see if they describe something similar to your working arrangement.

Kai is a student and, during the summer months, works for the local council as a lifeguard at a public swimming pool. He works under a rota with a team of lifeguards, his hours being fixed a week in advance. He has done this job for the last three summers, but has to sign a new contract at the start of each season. The council provides Kai with a uniform and deducts tax and National Insurance from his wages.

Employment rights for seasonal or fixed-term employees

As a seasonal or fixed-term employee you have the same legal entitlements as permanent employees, but your continuity of service will usually be broken at the end of each season/contract period. This means that you may not have a long enough continuous service for certain employment rights. For example, you need to work continuously for one year before you have the right not to be unfairly dismissed.

For a summary of an employee's employment rights, read the 'Types of employment status' article. Alternatively, you can visit the rest of the employment section for detailed information on specific employment rights.

In addition to the other employee rights, you are likely to have additional protection against suffering less favourable treatment than a comparable permanent employee. For more information read the 'Fixed-term employee protection' article.

Where to get help

If the statements or example do not describe your work situation, try reading the other articles in this section.

If you have read the other articles and you are still not clear contact Acas (the Advisory, Conciliation and Arbitration Service). Acas is able to offer free, confidential and impartial advice on all employment issues, including work status.

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