Regular employment

Classification of workers

Workers can be classified as:

Casual Workers

  • Casual workers are defined as those who are not required to undertake work when it is made available to them.

  • Such workers are entitled to the same rights as other workers except that any termination of employment cannot be classified as ‘unfair dismissal’ by an employment tribunal.

  • If a worker is obliged to take the work when it is available, the worker is not considered to be casual and is entitled to the same statutory rights as permanent full time employees.

  • After 2 weeks continuous employment, a worker is judged to be  an employee

Part Time Workers

 

  • A part-time worker is defined as any worker whose hours are less than a full time.

  • This includes workers who have no fixed hours of employment.

  • Part-time workers have the same statutory employment rights as full time and temporary workers.

  • A part-time worker will get a pro-rata proportion of the entitlements such as holiday entitlement given to full time workers

Temporary Employees

 

  • Temporary employees are defined as those who are on a fixed term contract.

  • A fixed term contract is when a worker is employed for a specified period of time, or in order to complete a specific task.

  • A part-time worker will get a pro-rata proportion of the rights such as holiday entitlement given to full time workers.

  • Part-time workers have the same statutory employment rights as full time and temporary workers.

  • Temporary employees that have been employed continuously for 4 years and who have had at least 1 renewal of their contract, are automatically treated as permanent employees under the law.

SAWS (Seasonal Agricultural Workers)

  • The Seasonal Agricultural Workers Scheme allows farmers and growers accepted onto the scheme to recruit non-EU nationals to undertake work that is both seasonal and agricultural.

  • Whilst they are in the UK, they are protected by the same employment laws as UK citizens with the exception that they have to stay with the one employer so that their work permit remains valid.

  • Workers under the SAWS scheme are no longer allowed to be on casual daily contracts

  • You must be able to offer clean and sanitary accommodation

  • You must be able to offer at least 5 weeks work

 

 


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