We employ seasonal ‘summer’ workers. If we employ them for successive summers are they covered by unfair dismissal legislation/expectation of summer work under custom and practice?Posted in : First Tuesday Q&A NI on 7 August 2012
In order to have unfair dismissal rights, the seasonal 'summer' worker must qualify as an employee AND also be able to prove one year of continuous employment.
As regards the expectation of summer work under custom and practice, employers should be aware of the GB Employment Appeal Tribunal case of St Ives Ltd v Haggerty in which it was held that a course of dealing had given rise to the expectation that the employee would be given work and that this expectation was sufficient to create a contractual obligation between the parties. This was despite the fact the there was no obligation on the employer to offer a minimum amount of work and no obligation on the worker's part to accept work.
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Back to Q&A's This article is correct at 02/09/2015
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