Casual employee change of policy

relief

Hi,

I'm involved in a tribunal where I am proving that I don't meet my employer's policy definition of casual workers and am actually an employee.This will then lead to a claim of unfair dismissal.

However my employes has now changed the policy after I put my claim in. How does this change anything? They've basically rewritten/taken out the bits I needed to prove I'm not a true casual worker.

e.g. it use to refer to casuals not being employed for a period of more than 4 weeks and not using casuals for regular hours but these bits have been removed. I have worked regular hours for years and committed to work programmes of up to a year for years! Instead it nows says the standard stuff about having no continuity of employment and there being no commitment to offer or take work.

I'll be speaking to ACAS who are conciliating but just wonder where this sits with everyone?

K

Uncertain

Your employer's policy has little if anything to do with it.

HMRC have rules for deciding if somebody is an employee for tax purposes. Although this is not binding on an employment tribunal it is unusual for them to take a different view.

relief

Thanks for that, I've had a look and found the bit you mean about length of engagement, mutual obligation, provision of equipment etc and luckily my case is built around proving all those things. I just wasn't sure whether them changing their policy would alter anything but it would seem not so that's ok.

Jarndyce

The tribunal would be looking at the actual situation at the time of yoiur dismissal. Any subsequent change would be irrelevant to your situation.

Whilst the HMRC guidance is a good guide, it does not exactly coincide with the tests that will apply in employment law, but if you focus around the most obvious issues you mention you won't go far wrong, and if you are unrepresented the Judge should guide you through it anyway.

getmore4less

Won't the key for casual/employee be a continuous employment test.

So no breaks of a week including a Sat.

AIUI no contractul term saying you are casual can override the statutory entitlements given by continuous employment.