Working this Christmas? Check your pay!

Festive workers, including those on short-term contracts, are being urged to check their pay to make sure they aren’t missing out on the National Minimum Wage or National Living Wage.

Seasonal staff and students employed over the Christmas period are legally entitled to receive at least the same minimum rates as other workers.

HM Revenue and Customs (HMRC) is reminding all workers to check their hourly rate of pay, and to look out for unpaid working time – such as time spent cleaning and closing premises, training, or picking up extra hours. 

Deductions, for things like uniforms or tools, can also reduce pay rates. 

HMRC’s festive video issues a clear reminder: 

“Have you started a Christmas job? 

“No matter how long you’ve been employed for, you are legally entitled to be paid at least the National Minimum Wage. This includes temporary seasonal staff working in shops, hotels, garden centres, Christmas markets, restaurants and warehouses.

“Always make sure that you check your pay and look out for any deductions, or unpaid working time that could take you below the minimum wage.

“If you think you’ve been short changed, even if you no longer work for that employer, we’re here to help. Visit GOV.UK and search ‘check your pay’ to find all the information you need about wage rates, and how to report your employer if they’re not paying you correctly.”

The National Minimum Wage hourly rates are currently:

  • £11.44 – Age 21 and over (National Living Wage)
  • £8.60 – Age 18 to 20
  • £6.40 – Age under 18
  • £6.40 – Apprentice

Anyone not being paid what they are entitled to, or people concerned that someone they know may not be getting paid correctly, can report it online at https://www.gov.uk/minimum-wage-complaint. It takes around 10 minutes and reports can be made after the employment has ended. 

To speak with someone, raise a concern or get further information, phone the Acas Pay and Work Rights helpline on 0300 123 1100 for confidential, free advice (Monday to Friday*, 8am to 6pm).– *Except Bank Holidays. 

Employers can also access support at any time to ensure they are paying their workers correctly:

They can also contact Acas for advice.

TUC warns of food factory ‘super-spreaders’

  • Workers in food manufacturing already face a higher risk of getting Covid-19
  • Huge influx of Christmas temporary staff could see cases “rocket”
  • Ministers must update health and safety guidance and place a legal duty on employers to publish their risk assessments, says TUC

The TUC has warned that food processing factories could become “super spreaders” of Covid-19 in the run up to Christmas. 

People working in food plants already face a higher chance of contracting Covid-19 due to the lack of airflow, lack of social distancing and low temperatures, says the TUC.

With the number of temporary workers in food manufacturing set to increase by more than 40% this Christmas, the union body says the risk of workplace infections will grow. 

Since March, several UK food factories have been forced to close during the pandemic after reporting hundreds of cases of coronavirus, among them suppliers to major supermarkets. Last month, turkey meat manufacturer Bernard Matthews reported 147 positive cases across two sites.

Food processing has the third highest rate of outbreaks of any sector across Europe, after care homes and hospitals, according to data from the European Centre for Disease Control.

Temporary workers

Food manufacturing companies across Britain are currently advertising for temporary workers as they gear up for the busy Christmas period. They include:

  • Dessert factory Bakkavor, which had 115 staff test positive for Covid-19 over the summer. The company is seeking hundreds of seasonal staff to meet demand for Christmas.
  • Meat supplier Cranswick, previous hit by outbreaks that led to three workers losing their lives, which is recruiting for at least 130 Christmas jobs in one factory.

Safety guidance is “out-of-date”

The TUC warns that current workplace safety guidance for food production is “out-of-date”.

New scientific studies have shown the significance of airborne transmission with Covid-19 aerosols remaining suspended in the air for hours. But the existing government guidance is still largely based on stopping spread of droplets which fall to the ground in seconds.  

The TUC says ministers must update the guidance to deal with issues including:  

  • Ventilation: the current guidance fails to offer advice on effective ventilation beyond opening windows. And it doesn’t state what additional measures should be implemented in instances where this is not possible to achieve.  
  • Face coverings: the government should issue detailed standards on the quality of face coverings. The World Health Organisation says there should be three protective layers.  
  • Workplace temperature: studies show that coronavirus thrives in the cooler temperatures found in meat packing factories. But there is no mention of workplace temperatures in the current official guidance.  
  • Social distancing: the current guidance states that, where two metre distancing is not possible, working side-by-side is preferable to face-to face. The TUC says this rule should be reviewed based on the most recent scientific findings.  

The TUC says ministers must “stop dragging their feet” and make it a legal requirement on employers to publish their risk assessments so that workers have confidence that the necessary precautions are in place. 

TUC polling published in September revealed that just two-fifths (38%) of workers say they know their employers have carried out Covid-Secure risk assessments. And only four in ten (42%) reported being given adequate PPE.

TUC General Secretary Frances O’Grady said: “There is a real danger that food factories could become ‘super spreaders’ of Covid-19 as they produce turkeys and other seasonal fare for Christmas.

“Out-of-date guidelines on food production, combined with the seasonal increase in staff, will put factory workers at an even higher risk of infection.

“Ministers urgently need to update the guidance for food production. They must require employers to publish their risk assessments. And they must resource the HSE properly, so it can get into food factories and crack down on unsafe working. 

“That’s how to make sure everyone is safe at work this Christmas.”

Enforcement not doing enough to contain outbreaks

The TUC says comparatively little enforcement action is taking place. The number of notices issued by the Health and Safety Executive (HSE) for Covid-19 related reasons is very low, with just 31 issued to manufacturing employers since April.

The TUC wants to see a big rise in workplace inspections. And the union body says that employer compliance, as measured by the HSE, is at odds with the rise in workplace infections because government safety measures are not up-to-date and not doing enough to protect workers.