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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
When you say you are a sessional worker, is there any obligation on your employer to offer you work or for you to accept it?
I dont think so
The hours have always been there and i have worked them
Perhaps you could check these questions and after answering them tell me what you believe your employment status is:
Im definitely an employee.
ok let me get my response ready please
Your employment status is largely determined by the overall employment relationship, rather than what you are labelled as by your employer. The questions you answered are the most common ways of establishing one’s status although only a court has the final say in the event of a dispute. So assuming you may actually be an employee rather than a worker with no guaranteed employment or hours you would have certain rights, although even then you may be an employee working on a casual basis with no set hours or on a zero hours contract, neither of which guarantees you work at any point.
However, you will have some main employee rights such as the right to receive a written statement of employment particulars (not a contract but still a document that is similar to a contract). The employer would also have a duty to ensure your health and safety at work and conduct a risk assessment if there is an obvious risk present, using that to try and minimise your exposure to hazards at work.
However, in terms of sick pay you cannot legally expect more than SSP unless you had a contract that allowed for that, so the employer is actually using their discretion to pay you more in this case. This is even on the assumption that the reason you are off sick is due to work, or even if it was the employer’s fault.
As to going on a permanent contract, there is no legal right to demand that. You would still have certain rights given to you by law, such as protection against unfair dismissal, minimum number of holidays, sick pay entitlement, redundancy entitlement and so on, and these apply regardless of what contract you are on, but you cannot demand a permanent contract from the employer and it is their decision when they offer you one. However, remember that you are still entitled to a written statement of employment particulars, which you can see more details about here:
this should have been given to you within 2 months of starting.
I will go to my manager and personel office on Monday and put this to them.
The grievance is also an option. Whilst they may try and get rid of you, that does not mean they can just do it because as mentioned you will have protection against unfair dismissal if you are a employee so can challenge it if necessary
Shall i ask for a meeting first with both parties? If i get no where them put a letter of grievance in
yes, you do not have to go straight for the grievance, informal resolution is always preferable if possible
Thank you for your help today
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