Mismanaged Temporary Workers Pose Serious Risks to Employers

We occasionally employ temporary workers and do not want to fall short of being classed as employers. In a recent discussion it was suggested that we ask temporary workers to comply with our IT -mail and internet policy which should be produced to them upon commencement. Would this be seen as employers if they are to adhere to our policies? Obviously we do want to open ourselves up to internet abuse or viruses, just as much as we don't want to be seen as employers of temporary workers. Can anyone help?

There is often a great deal of confusion over the term "temporary worker". It can mean an employee who is employed on a fixed term contract (i.e., a temporary employment contract), an agency worker who is engaged and payrolled by a recruitment agency and supplied on to the end user company, a freelance or self employed consultant or a contractor supplying their services through a limited company (or similar). Therefore, the answer to your question will depend on how these workers are engaged and whether they are intended to be reagrded as employees or not. They may all be engaged on the same terms or you may have a number of different arrangements in place.

If the workers are regarded by both parties as employees on fixed term contracts I agree that they should be issued with a written statement of terms of employment.

However, if this is not the case you could assume employment related liabilities in relation to a group of workers where this is not intended. I would therefore recommend that you seek more detailed advice on how best to manage the status of these workers.

We specilaise in the area and would be happy to advise further if you would like to contact Bridget Wood on 020 7814 426 or bridget.wood@tarlolyons.com

All employers are required to issue employees with a written statement of terms of employment. A model employment contract is available from Workplace Law at:

http://www.workplacelaw.net/eshop/product_info.php?product_id=73

You may also be interested in a summary of the Fixed-Term Workers Regulations, which came into force in October 2002:

http://www.workplacelaw.net/display.php?resource_id=2594

Ciaron

Are employers in the following situation required to give temporary workers a written contract of employment, if the workers are directly employed by company for a stated amount of time i.e 4/6 months?