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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been on a casual worker agreement with a UK company

Resolved Question:

I have been on a casual worker agreement with a UK company since May 22, 2016 being paid on a monthly basis but they requested I invoice them. When or how often should this casual worker agreement be reviewed, whats the demarcation for it to be a permanent position and am I entitled to any annual leave? Company originally offered to pay per diems but then reviewed and now I am unable to claim any per diems - can they do this?
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 18 days ago.

How long have you been doing this work for?

Customer: replied 18 days ago.
18 months
Customer: replied 18 days ago.
Easier for me to type st this stage
Expert:  Ben Jones replied 18 days ago.

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 18 days ago.

Many thanks for your patience. There is no minimum length of time that such an agreement can go on for before it is subject to review. It can continue like it is now indefinitely if needed - the law does not provide for any specific length of time for which it can remain in place before being reviewed. As to it being a permanent position, the same applies - it can continue being casual on an indefinite basis and until you both agree on something different.

In all honesty your right will be determined by whether you are treated as an employee or a worker or self employed.

A person’s legal rights in the workplace largely depend on their employment status, such as whether they are a worker, an employee, an agency worker, self-employed, etc. However, establishing a person’s employment status is not always an easy task. Problems may arise when there is uncertainty over it or when someone disagrees with what they are officially referred as by the employer.

It is usually irrelevant what a person is labelled as by their employer because their actual status would depend on the overall employment relationship and how they were treated, rather than what they were labelled as.

The main problem is that there is no single official way to determine someone’s status and it is usually done by checking if certain factors are satisfied. These factors have been established over years of case law and are still open to interpretation. Therefore, whilst they serve as a good reference point, in reality only a court can provide a definitive answer.

Generally there are three main types of employment status which are relevant in these circumstances: employee, worker and contractor (self-employed). As workers’ and employees’ rights largely overlap, the main issues are in distinguishing whether someone is self-employed or a worker/employee. The following factors are usually taken into account:

1. Personal service – contractors will provide their own services, but may also sub-contract work to others, or bring in outside assistance. Employees only provide their personal services.

2. Mutuality of obligation – contractors are free to accept or turn down work if they want to and the employer is under no obligation to offer them any work. Employees are obliged to accept work offered by their employer who also has a duty to offer work in the first place.

3. Right of control – contractors are likely to be in control of most aspects of the work done. Employees’ activities may be controlled by their employer, such as "what", "how", "where" and "when" work is done.

4. Right of substitution – contractors can sub-contract work, or bring in assistance. Employees, on the other hand, are unlikely to be able to offer a substitute for the work they do.

5. Provision of own equipment – contractors will normally supply all small tools and bring in or hire plant and machinery. Employees may sometimes supply own small tools or equipment but the employer will provide all plant and machinery.

6. Financial risk – contractors will quote on a job-by-job basis and can make more profit by more efficient working, or may incur loss if they overrun on time. Employees are paid whatever work is done, bear little risk and poor performance generally only affects appraisals or additional payments like bonus/commission.

7. Part and parcel of the organisation – contractors may become "a fixture" in that their work brings them to the company regularly, but acquire no additional responsibilities or privileges as a result. Employees are capable of being promoted or manage other staff. They also benefit from being in a pension scheme and get other benefits/perks usually given to employees.

The above are the most common factors used when determining a person’s employment status and should hopefully provide a reasonable indication of what the status in this case is. They can be useful in negotiations with the employer. However, as mentioned, in the end only a court can decide what the true employment status is.

If you are an employee though yo will get unfair dismissal protection after 2 years’ continuous service. If you are an employee or a worker you also get annual leave allowance by law. You get none of these if you are a contractor.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 17 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 16 days ago.
Thank you for your response. We don't have any questions right now but may have some in the next few days. We may come back to you at a later date. Many thanks.
Expert:  Ben Jones replied 16 days ago.

No problem thanks

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