Are Temps Considered Employees?

2 Dec 2022

Temporary employees can fulfil short term business needs, which is great for businesses experiencing a lack of staff, team members on maternity leave or busy seasonal periods.

Understanding the rights of temporary employees can also help a business avoid legal and tax issues.

What are temp staff called?

Temp staff may be referred to as agency workers, seasonal staff, contractual employees, freelance employees or even casual staff.

However, no matter what they are called, a temp team member has a job that lasts for a defined, short period of time. This can range from just a few days, to weeks and even months.

Who counts as a temporary worker?

Anyone who is hired for a specific, defined period of time would count as a temporary worker.

This can include seasonal staff who may only be working through the Christmas period, or those who may be covering a full period of maternity leave.

Some temporary workers may be contractors or freelancers who have been supplied by an employment agency, in which they will be employed until their work is finished.

Do temporary employees have the same rights as permanent employees?

Yes, temporary employees are entitled to the same benefits as permanent employees.

This includes pay, holiday allowance, sick days and any other employee benefits from the company.

Are temp staff considered employees of a company?

Yes, during the full term length of their employment, temporary staff should be considered as employees of the company.

Temporary employees therefore should receive the same benefits and treatment of any other staff member who works within that company.

Even if a temporary staff member has been employed through an umbrella agency, they should still be considered as an employee of the company.

Who is a temporary employees’ employer?

Whilst a temporary employee may have been hired using external companies, their employer is still the company they have been contracted to work for.

Temporary employees therefore need to adhere to the rules and regulations of that employer, including dress code, working hours and holiday entitlements.

Key differences between temporary and permanent employees

The main difference between temporary and permanent employees is that temporary workers are given a contract which lasts a defined period of time. Permanent employees however, do not have a contractual end date, which creates stability in the job role.

However, permanent employees may be required to work fixed hours each week which can cause a rigid schedule. Many temporary workers are offered flexible working hours, meaning that if they wish to go travelling at the end of the employment contract, they can!

You can read our full guide on temporary employment vs permanent employment for more information.

If you’re looking to hire temporary talent, you can get recruitment support from our experienced team.
If you’re considering a temporary position, or are still struggling to decide which path is best for you, our team of recruitment consultants can help you.