Companies taking on temporary workers in the run-up to Christmas should ensure they are given the same rights and privileges as other staff or run the risk of employment tribunals, warns law firm DWF.

It says that retail, leisure and other businesses which employ seasonal workers to cope with the sudden sharp increase in demand often fail to comply with employment legislation.

Matthew Yates, partner with DWF in Leeds, says: “Temporary workers other than agency staff are still considered as employees in the eyes of the law and cannot be treated any less favourably than permanent staff doing the same type of job.

“Employers should not use their fixed-term status to avoid issuing them with an employment contract, or giving them paid holidays and similar benefits. However you may be able to justify not giving them a company car or pension benefits.

“Employers taking on staff for short periods sometimes fail to go through the proper procedures. Despite the temporary nature of the work, it is still important to comply with employment regulations or you run the risk of being taken to a tribunal,” Yates adds.