Are casual workers entitled to holiday pay?

[KM1]

I started working in November after 8 years as a SAHM. I work 9 hours a week, term-time only in an admin role. The only "contract" I have is my letter of appointment which states that the arrangement "is on a purely casual basis with no obligation for (employer) to provide the work and no obligation for you to accept this work." I feel that this is them just trying to avoid giving me any of my statutory rights. I have been told that I am not entitled to sick pay or holiday pay as I have all the school holidays off. Can anyone tell me if this is right?

[Saggarmakersbottomknocker]

I worked casually with a similarly worded contract some years ago and wasn't entitled to holiday/sick pay. Entitlements may have changed now though.

[Bellavita]

I have school holidays off but I still get holiday pay.

Someone will be along who will know.

[WendyWeber]

I think the law might have changed, I was looking something up about this recently (though it might have been part-time/short-term rather than casual) - I'll have a look

[KM1]

I have had a browse on the web and I think it looks like casual workers ought to be entitled to the same terms and conditions as employees (on a pro rata basis) but I'm not sure and want to be sure before I bring it up at work! I don't really think I should be classed as a casual worker as I work set days each week with the same hours.

[WendyWeber]

I just found this bit:



that was from here, which I think is where I was looking before.

She should have a proper contract even if it is casual work, shouldn't she, Fio?

[WendyWeber]

KM, it sounds like you'd already found that bit!

I think you should contact the CAB initially, they should have someone who knows about employment law (or access to someone who does)

[KM1]

Thank you all for your help. I'll talk to my boss about it tomorrow.

[RibenaBerry]

It all sounds a bit odd. The wording you refer to sounds like wording when you want someone to be a contractor and not an employee (and the wording doesn't help if the reality is that the person is an employee). Are your employers operating PAYE properly for you (deducting tax at source, paying National insurance, etc)?

I can see that others have answered the holiday point (yes, you're entitled to it). However, as an additional point, employers can in theory tell you when to take holiday. They could say that your working days are not just term time, but term time plus X days, then make you take your holiday on those X days. You'd have to be paid for the holiday days, but it would stop you taking term time holiday, IYSWIM.

[KM1]

RibenaBerry - Yes I believe they are doing PAYE properly (it is a national organisation I am working for). In terms of the holiday, I don't need to take holiday during term-time as I get plenty of time-off during the school holidays but it would be nice to be paid for a little bit of the time-off I have!Thanks for your help.

[RibenaBerry]

They can't actually pay out holidays - it's to do with the law on working time (it's meant to ensure that employers don't force people to take money instead of a break). That's why the arrangment above sometimes gets used. Might be worth suggesting if you don't actually want to take the holidays during term and want the money...

[Nymphadora]

school holidays may count as a break in service (ie working 6 weeks on 1 week off) and therefore not building up any rights?

[Nymphadora]

school holidays may count as a break in service (ie working 6 weeks on 1 week off) and therefore not building up any rights?

[KM1]

I have spoken to the HR Manager at our Head Office who told me that I was entitled to paid holiday - I think there was a breakdown in communication between Head Office and our office! Thank you for all your advice!

[WendyWeber]

Oh good!

[jennyjlo]

i work in a nursing home and im bank staff i have been there for 4 months now i want to have a holiday for a week am i entilted to this with pay as i cant afford not having any money at the end of the month