Casual Labour?

DO_YOU_KNOW_DAVE

Where I work we have casual workers. What I would like to know is what does casual mean in employment law.
The reason is these workers can do the same hours and do exactly the same work as me, but are paid a lower hourly rate.
I do a 36 hour week working continetal shifts. Although the casual workers may not do all there shifts consecutively they are still doing the same hours and work as me for less pay.
Also if theses workers are working these hours constantly as some have been there over a year can they be classed as casual.
They have no contracts and recieve no holiday pay.
I believe this is wrong, as the company has enough work for these workers so should give them full time employment.
I would just like to know if the company is allowed to use these workers like this or are they breaking the law.

trafalgar_2

Casual workers are usually from an agency of some sort and there is a bit of a hoo-har in some quarters just now as to whether they are in fact 'emploed' by the agencies or not ..........which would give them better rights to holiday pay etc

are these workers from an agency.

telly-addict

I'm certainly no expert but no employee should be working without a contract. Are they being paid less than minimum wage? Because that's illegal and you can report any concerns to a Revenue telephone number: 0845 6000 678.

I think there have been changes to employment law regarding part-time work, it used to be possible to give fewer benefits to part-timers, but as a lot of them were women, this breached the Equal Opportunities legislation so had been changed. Here's a specific link:

http://www.dti.gov.uk/er/individual/05.htm#b58

that details 'Part-time workers (Prevention of Less Favourable Treatment) Regulations 2000.

Here's a very comprehensive link to all the rights of employees and workers, including 'casuals'.
http://www.dti.gov.uk/er/individual/rights-pl716.htm

The lack of holiday pay is a concern too.

Are these workers supplied through an agency? Because they may be the ones with the contract with the workers, quite possibly on a 'self-employed' basis. This gets your employer out of having to provide benefits, pay PAYE and more expensively National Insurance contributions. This seems to be a grey, but legitimate area where these workers fall through the gap. They lack the protection of employment legislation, often through a 'choice' of working via an agency.

Citizens Advice may be able to advise how these workers go about being treated as employees, if they wish to.

DO_YOU_KNOW_DAVE

No they are not from an agency. They have applied direct to the company and are given there hours either by phone call or when they are in working. They have no set shifts but most end up doing a full working week of 36 hours.

trafalgar_2

I've looked and I can't find anything that says the employer is doing anything wrong ........unless the employees are working illegally,then he could be in big trouble if he doesn't make sure all the relevant papers are correct etc

the workers arein effect self-employed

telly-addict

From what you say then, they aren't being treated in accordance with employment legislation. Are these non-UK workers that the company thinks it can treat differently?

telly-addict

trafalgar wrote:

I've looked and I can't find anything that says the employer is doing anything wrong ........unless the employees are working illegally,then he could be in big trouble if he doesn't make sure all the relevant papers are correct etc

the workers arein effect self-employed

Interesting difference of opinion here!

There is a lot of case law to distinguish between employed and self- employed (and less so that deals with casuals) and this makes it easier to prove that the ppl should be treated as employees. True self employed ppl can provide a substitute to do the work, have more control over how and when the work is done, provide their own equipment and are integral to the business. Courts will also look at the economic reality of the situation.

The key cases are O'Kelly v Trusthouse Forte (1983) which dealt with casuals and would be used by your company to say they were not employees, as there is 'no mutuality of obligation' for the company to offer work, nor is the person obliged to take it.

The contrasting case is MArket Investigations v Minister Of Social Security (1969) which ruled that the interviewer was a temporary worker.

The employment contract can be oral rather than written.

Perhaps an expert could advise further!

DO_YOU_KNOW_DAVE

No they are all Britsh Citizens and are paying national insurance and tax.

telly-addict

DO_YOU_KNOW_DAVE wrote:

No they are all Britsh Citizens and are paying national insurance and tax.

Ok so the company is paying over NI and tax but just paying them less to start with? Is minimum wage an issue? Presumably there's no union involved here?

I would say that if you couldn't tell by the hours or manner in which the person worked who was contracted and who was casual, then the company would have a hard time saying the casuals were self employed. You have to go on the facts of the situation, not just what they are called. Can you still get legal aid for this type of thing? Professional advice from an employment lawyer will give a definitive answer.....

telly-addict

If they are paying class 1 NIC and PAYE then the company has accepted that they are employees. So how it cannot give them their full employment rights I don't know. They can't have it both ways!

trafalgar_2

Can I ask what industry they are in