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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Casual Workers...
 Casual Workers
 
Kim.secretan
1 posts
Joined
11/29/2007

Casual Workers
Posted: 29 Nov 07 12:13 PM Modified By creynolds  on 12/3/2007 9:41:36 AM)

This week buddy was asked:  What is the definition of a "casual" worker?  Is it enough to say that there is no mutual obligation between the Company and the worker and therefore they are casual, or, does it also include issues such as the amount of days the worker has actually worked and how regularly they are offered and accept work from the Company?

creynolds
115 posts
5th
Joined
12/12/2006

Re: Casual Workers
Posted: 03 Dec 07 10:07 AM Modified By creynolds  on 12/3/2007 2:52:54 PM)

Buddy says:  There is no formal definition of a "casual" worker.  However, it is understood to be a worker who supplies their labour or services in irregular or informal working arrangements under which there is no obligation to provide or accept work. 

Further information:  The primary issue with casual workers is whether, notwithstanding the casual basis of their work, they actually constitute employees. If they do constitute an employee then they will have various legal rights, such as the right not to be unfairly dismissed, protection under TUPE, the right to flexible working and the right to be informed and consulted about collective redundancy. 

Whether or not someone is an employee is determinted by reference to a number of factors including mutuality of obligation and the level of control that an employer exerts over the employee's work. 

Mutuality of obligation occurs where:

  • The employee agrees to provide personal services; and
  • In return, the employer pays a wage or other remuneration.

If the worker does not have to provide the service personally, for example, where s/he has an unrestricted right to substitute someone else, then there can be no employment relationship.

The level of control that an employer exerts over an employee's work is higher than the level of control exerted over a worker.  It is by no means clear what level of control is required for a worker to acquire employment status, but the following are relevant:

  • The level of control exercised over employees in the business or in that industry.
  • The manner in which the work was performed.
  • The place and time for the performance of contractual obligations.

Also relevant in considering employment status are the intentions of the parties, the practice within the industry, how the contract operates in practice, whether the worker took any profit/loss risks, the facilities offered to the worker by the business and the mechanics of any disciplinary/dismissal actions and the mannter of payment.

If the individual in question satifies the mutuality of obligation and control test, and, if the other factors mentioned above are consistent with the contract being a contract of employment (either written down or implied), then the individual is likely to be an employee, casual or otherwise.

  Discussions  Buddy's question time  Casual Workers...
 
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