Seasonal workers and the Employment Rights Bill

Many hospitality and agricultural businesses in the West Midlands rely on seasonal workers. But how does the upcoming Employment Rights Bill affect seasonal workers and the contracts in place? In this blog, we will look at ways that the Employment Rights Bill might impact seasonal workers and what you need to do as an employer.  

What is the Employment Rights Bill?    

The Employment Rights Bill is a series of changes the Labour government plans to make to employment laws in the UK. Some of these changes will come in over the next two years and others are expected sooner. The Bill is still going through Parliament at the time of writing, so the details may change.   

There are two specific areas of the Employment Rights Bill that will affect seasonal workers. These are the changes to zero-hours contracts and rights from day one. Let’s take a look at each of these.    

Day one rights    

At the moment, employees in the UK only have certain rights after two years of employment. The Employment Bill plans to change this to include all employment rights from day one, including unfair dismissal.  

Most seasonal workers are employed on a six-month contract so this is going to be a big change for employers as their workers will have day one rights. 

Probationary Periods 

The Government has said that the Employment Bill will not prevent the “fair and transparent” use of probationary periods to allow employers to assess new hires. While the length of probationary periods is still under consultation, it is expected that this will be 6-9 months and may include an initial period of employment. More details will be shared as the bill progresses through parliament.  

For employers of seasonal workers, this may mean that your workers are under a probationary period for the duration of their contract.   

Zero-hours Contracts 

The other aspect of the Employment Bill which impacts seasonal workers is zero-hours contracts. Under the new bill, employees have a right to an offer of guaranteed hours after a “reference period”. It’s unclear how long the reference period will be, but it’s expected to be 12 weeks.  

The offer of guaranteed hours must set out the working pattern for the worker. The worker does not have to accept the offer.  

Once there are guaranteed hours in place, employers need to give reasonable notice to cancel or change a shift. It is thought that “reasonable notice” will mean the equivalent of the duration of the shift. For example, if your worker is on a 12-hour shift, you will need to give them 12 hours’ notice.  

If you cancel, move or curtail a shift that qualifies for the guaranteed hours, you will need to pay your seasonal worker for that shift.  

At the moment, employers can cancel and change contracts for seasonal workers without notice. The Employment Rights Bill is expected to prevent this from happening.  

What should you do when employing seasonal workers?  

If you employ seasonal workers, consider using the time until these changes come into force to audit your zero-hours contracts and collect data on when you need regular seasonal workers. This will help you set out what guaranteed hours you can offer and how you can adjust to the fluctuations in the season.  

Preparing now for when the law changes - which is expected in 2026 - can help you put the right contracts in place that protect your business.  

Get in touch to find out how Danton can support your business.