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  • FIRST POST
    • aliavavodka
    • By aliavavodka 6th Jul 18, 2:50 PM
    • 110Posts
    • 22Thanks
    aliavavodka
    Casual working
    • #1
    • 6th Jul 18, 2:50 PM
    Casual working 6th Jul 18 at 2:50 PM
    Hello
    My husband has been working at the same job for 8 years, ( as a casual premises officer)working the same hours on a Saturday afternoon, he has just been given a weeks notice that he is not needed for at least 3 months, if ever. Whilst working for this company he has never had paid holidays, instead he received 1.12 an hour holiday pay in his wage.
    Does he have any rights at all? Or should he just accept the fact?

    Many thanks Alison
Page 1
    • sangie595
    • By sangie595 6th Jul 18, 3:34 PM
    • 5,640 Posts
    • 9,739 Thanks
    sangie595
    • #2
    • 6th Jul 18, 3:34 PM
    • #2
    • 6th Jul 18, 3:34 PM
    The holiday pay was clearly stated as such? In which case that's ok.
    • General Grant
    • By General Grant 6th Jul 18, 4:29 PM
    • 788 Posts
    • 860 Thanks
    General Grant
    • #3
    • 6th Jul 18, 4:29 PM
    • #3
    • 6th Jul 18, 4:29 PM
    And as long as 1.12 represents 12.069% or more of the basic rate.

    The extra amount would have been to pay for the holiday entitlement, the time being deemed to have been taken during the rest of his time (ie other than the worked Saturday afternoons).
    • aliavavodka
    • By aliavavodka 6th Jul 18, 5:23 PM
    • 110 Posts
    • 22 Thanks
    aliavavodka
    • #4
    • 6th Jul 18, 5:23 PM
    • #4
    • 6th Jul 18, 5:23 PM
    Thank you for your replies.
    I was hoping that the length of service would make his position more secure.
    • sangie595
    • By sangie595 6th Jul 18, 7:10 PM
    • 5,640 Posts
    • 9,739 Thanks
    sangie595
    • #5
    • 6th Jul 18, 7:10 PM
    • #5
    • 6th Jul 18, 7:10 PM
    If he's casual, then he's a worker, not an employee. That means no security. It is possible, but they're isn't enough information here to say, that the employer might have strayed into an employment contract, which might, if that is the case, entitle him to redundancy. But it's a stretch for a few hours on a Saturday afternoon, and he'll definitely have no security if he tries to go down the route of a claim.

    What is it that you want? Because it seems rather ambitious to expect security and long term employment prospects over a very part time job that he already knew was casual. So I'm not understanding the agenda and why it matters so much to you.
    • aliavavodka
    • By aliavavodka 6th Jul 18, 7:22 PM
    • 110 Posts
    • 22 Thanks
    aliavavodka
    • #6
    • 6th Jul 18, 7:22 PM
    • #6
    • 6th Jul 18, 7:22 PM
    Thanks for your reply,
    As my husband has worked 6 hours every Sat afternoon for 8 years, I just thought that he may of been entitled to more notice than 1 week, as he is paid monthly. I also was hoping that as he has worked the same hours all this time he would be entitled to redundancy payment of some description.
    It seems this is not the case, and I thank you all for your replies.

    Alison
    • sangie595
    • By sangie595 6th Jul 18, 9:23 PM
    • 5,640 Posts
    • 9,739 Thanks
    sangie595
    • #7
    • 6th Jul 18, 9:23 PM
    • #7
    • 6th Jul 18, 9:23 PM
    Thanks for your reply,
    As my husband has worked 6 hours every Sat afternoon for 8 years, I just thought that he may of been entitled to more notice than 1 week, as he is paid monthly. I also was hoping that as he has worked the same hours all this time he would be entitled to redundancy payment of some description.
    It seems this is not the case, and I thank you all for your replies.

    Alison
    Originally posted by aliavavodka
    Not if he's a worker no. Working for eight years or the same hours isn't a test of entitlement. toYou'd need explain what his actual contractual terms were.
    • Dox
    • By Dox 7th Jul 18, 12:33 AM
    • 1,002 Posts
    • 788 Thanks
    Dox
    • #8
    • 7th Jul 18, 12:33 AM
    • #8
    • 7th Jul 18, 12:33 AM
    Thanks for your reply,
    As my husband has worked 6 hours every Sat afternoon for 8 years, I just thought that he may of been entitled to more notice than 1 week, as he is paid monthly. I also was hoping that as he has worked the same hours all this time he would be entitled to redundancy payment of some description.
    It seems this is not the case, and I thank you all for your replies.

    Alison
    Originally posted by aliavavodka
    Doesn't sound like it, I'm afraid - although without knowing the exact terms of his engagement it's impossible to be certain.

    For an explanation of the rights of a 'worker' (as opposed to an employee) see https://www.gov.uk/employment-status/worker
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