Casual worker rights.

LU861012970T

Have accepted a PAYE job on a casual contract.

I’m apparently ineligible for occupational sick pay but eligible to join the pension scheme and will accrue holidays.

The number of hours I do each month may vary by a few hours but I will always have timescales to meet. I can control the days I undertake the work but cannot send someone on my behalf. They will provide the necessary equipment.

This is a core function, not something where demand fluctuates. The job has no end date. As it’s so part time they have no intention of recruiting a permanent employee.

It therefore appears I am a worker (or disguised employee) rather than an employee? Can anyone confirm?

Am wondering if I accrue greater employment rights, e.g. OSH/redundancy if my employment continues for a certain timescale or if I would automatically become a permanent member of staff after so long?

Hoenir

LU861012970T said:

It therefore appears I am a worker (or disguised employee) rather than an employee? Can anyone confirm?

Does appear to be a number of variables involved in the role.  Hence the employer's wish to employ you as a worker on a flexible as required basis.  What they've offered is in line with legal requirements. You also have considerable protection under employment law as an employee would.  Whether the role could be upgraded depends on the organisation and/or your value to them. Also whether other duties could be added to fill out the role further.  Give it your best shot and hopefully over time doors will open as they say. 

Marcon

LU861012970T said:

Have accepted a PAYE job on a casual contract.

I’m apparently ineligible for occupational sick pay but eligible to join the pension scheme and will accrue holidays.

The number of hours I do each month may vary by a few hours but I will always have timescales to meet. I can control the days I undertake the work but cannot send someone on my behalf. They will provide the necessary equipment.

This is a core function, not something where demand fluctuates. The job has no end date. As it’s so part time they have no intention of recruiting a permanent employee.

It therefore appears I am a worker (or disguised employee) rather than an employee? Can anyone confirm?

Am wondering if I accrue greater employment rights, e.g. OSH/redundancy if my employment continues for a certain timescale or if I would automatically become a permanent member of staff after so long?

Why do you think you are a worker rather than am employee? Looks like you are an employee on what might or might not be a zero hours contract. What does your contract actually say?

If there's no end date on your contract, why do you think it isn't permanent (insofar as any job is these days!)?

EnPointe

Marcon said:

LU861012970T said:

Have accepted a PAYE job on a casual contract.

I’m apparently ineligible for occupational sick pay but eligible to join the pension scheme and will accrue holidays.

The number of hours I do each month may vary by a few hours but I will always have timescales to meet. I can control the days I undertake the work but cannot send someone on my behalf. They will provide the necessary equipment.

This is a core function, not something where demand fluctuates. The job has no end date. As it’s so part time they have no intention of recruiting a permanent employee.

It therefore appears I am a worker (or disguised employee) rather than an employee? Can anyone confirm?

Am wondering if I accrue greater employment rights, e.g. OSH/redundancy if my employment continues for a certain timescale or if I would automatically become a permanent member of staff after so long?

Why do you think you are a worker rather than am employee? Looks like you are an employee on what might or might not be a zero hours contract. What does your contract actually say?

If there's no end date on your contract, why do you think it isn't permanent (insofar as any job is these days!)?

ZHCs  are an area where  employee vs worker can be  thing 

https://www.acas.org.uk/employment-status

https://www.acas.org.uk/employment-status/worker-employment-status

" 

What makes someone a worker

Someone is likely to be legally classed as a worker if most of these things apply:

• their work for the organisation is more casual, for example work is less structured or they do not have a regular working pattern
• they're usually required to personally do the work
• they're not offered regular or guaranteed hours by the employer
• they have very little obligation to make themselves available for work, but should do work they've agreed to

If most of these do not apply, someone is more likely to be an employee or self-employed."

Tucosalamanca

There's no legal requirement to offer sick pay, other than SSP.
It's at the employer's discretion, any additional pay would depend on your contract.

Spicy21

Have you tried this HMRC tool? https://www.gov.uk/guidance/check-employment-status-for-tax We use it at work to make sure we are engaging people who work sporadically in the correct way.