samr hours same job 22 years but no contract because Im casual?

[jackyclarke]

I have worked 20 years doing the sam job same hours for local council, but because I am only "casual part time" I cant have a contract of employment, so I cant have a mortgage renewal ? what are my rights, if any . so so unfair.

[rebel11]

Hi Jacky,

 

Do you do the same number of hours each week?

[SarEl]

And even more relevant - have you worked for without any break in employment, or is your contract a zero hours contract (because everyone, including you, who works, has a contract of employment).

[jackyclarke]

work same hours each week .only take annual leave. 4 days off sick in 20 years. they, local authority local council are adamant as a part time casual worker I cant have a contract. even after all this time.

[jackyclarke]

same hours each week, only taken annual leave. only had 4 days sick without pay, in this time. I work for local council and they are adamant I am not entitled to any contract because I am casual part time?

[jackyclarke]

yes ?

[elpulpo]

same hours each week, only taken annual leave. only had 4 days sick without pay, in this time. I work for local council and they are adamant I am not entitled to any contract because I am casual part time?

Best not to say which council, they might find the thread.

Oh Jaysus, BTW! I'm a local lad!

[elpulpo]

They've never given you anything in writing?

Not even a basic statement saying something like, 'Written Statement of Particulars of Employment'?

[ptol]

same hours each week, only taken annual leave. only had 4 days sick without pay, in this time. I work for Calderdale council and they are adamant I am not entitled to any contract because I am casual part time?

 

If you are paid for them for working as an employee and are paid for holidays, you have a contract. How else do they know how much, and on what basis to pay you?

[teaboy2]

Ptol the question here is whether the OP is a worker, employee or self employed. There is a clear difference between a Worker, Employee and self employed. Though all will have an employment contract except the self employed person who has an ordinary contract to provide work or services.

 

Employees benefit from a range of statutory employment rights including the right not to be unfairly dismissed, the right to receive a statutory redundancy payment, the right to equal pay and the right not be discriminated against. Individuals who provide services but are genuinely self-employed do not enjoy such statutory employment rights. A company's obligations to someone who is self-employed will be largely governed by the contractual terms that have been agreed either orally or in writing.

 

Also, a further category of worker was introduced into English law as a result of European legislation including the Working Time Regulations, the National Minimum Wage Act and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations. This category sits between an employee and someone who is self-employed. And, while workers do not enjoy all the rights of employees, they enjoy a set of basic ones.

 

Note: Workers are Entitled to The Following 'Basic Rights':

 

 

• Protection against certain types of discrimination. Depending on the exact circumstances, this may include sex, race, disability and equal pay legislation
  
• Rights under the Working Time Regulations, such as paid holiday leave, restrictions on working hours and the right to rest breaks
  
• Right to the national minimum wage
  
• Protection for whistle-blowing
  
• Health and safety protection
  
• Protection against unlawful wage deductions.
  

 

 

So question here is what is the OP, a worker, employee or a self employed person? Granted, from going by the information the OP has provided so far its unlikely that they are self employed. So we need to know what their contract of employment actually says, as generally workers are freelancers, staff provided by an agency or 'some' self-employed contractors

Edited January 19, 2011 by teaboy2
Added - Note: Workers are Entitled to The Following Basic Rights:

[ptol]

Yeah, i appreciate i am not aware of all the technical details, the point i was raising was suitably specific to the fact that some contract must exist as there is an agreement to pay him for providing manpower to them.

[SarEl]

I agree. There are really two issues here, and it is as well not to get them confused. The OP does have some form of contract of employment, but the question is - what kind? To determine that, although we could guess away for ever, the easiest way of finding this out is to ask the employer to confirm the contract and main particulars in writing. This was probably done many years ago, but the Council would certainly clarify these points - it isn't a state secret. But the mortgage issue is separate - because it isn't the "contract of employment" that is likley to be the issue, but the terms of the contract - rate of pay and scurity of employment. These things are not likely to change because the OP asks their employer for a copy of the "written contract". But whether that contract has changed in nature due to the length of employment is something we couldn't easily guess at without the terms of employment - which would have to be obtained from the employer.

[citizenB]

Might be worth contacting .. ACAS, see what they have to say

 

http://www.acas.org.uk/index.aspx?articleid=2042