Employment rights for casual staff

what happens if bank staff work well over the hours in a week

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Thank you for your question.

This question fundamentally relates to whether or not these bank staff can be seen as employees or workers.

If they are deemed to be employees then there are entitled to holiday pay and a sick leave. To determine whether the bank staff are employees, I would recommend that the terms and conditions of the periodic contracts are looked at, they may contain a clause specifically stating that the engagement is on an ?ad hoc or casual basis?. If this is the case there may be no contract of employment. A contract is unlikely to exist unless there are minimum obligations to offer and accept work that cannot be reduced, by either of the parties.

Furthermore, where workers are employed on short-term periodic contracts where there is no obligation on the employer to provide any work and no obligation on the worker to accept any work, a contract of employment may not exist - there is no mutuality of obligation. This is the case even when there are deductions of tax and national insurance during the actual period of working.

It is likely that, if the bank staff do not fall into the category of employee, they will fall within the definition of ?workers? in terms of the Working Time Relations 1998. These regulations contain provisions in relation to holiday pay and entitlement, in respect of workers.

We are a small voluntary organisation. We employ a number of permanent staff but also some bank workers. We are trying to clarify rights for bank staff in terms of holiday pay, sick leave entitlement etc.

Bank staff work as and when needed - they are able to turn work down if they are unavailable. They do not generally work regular hours/days. They are paid at the same hourly rate as our other staff doing the same job.

Please could you advise what rights apply to such staff.

Thanks you,

Janette Lee.