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To be suspicious of this?

(26 Posts)
Rainbow12e Tue 02-Jun-20 13:39:04

Daughter has worked for a company for 12 years, now on furlough.
Her payroll team said she was down as a casual worker and this is why she received more pay in May then she did April.
Am I wrong in thinking that if she is referred to as a 'Casual worker' they can get away with not bringing her back or lessening her hours? She has always worked Monday-Friday for this company every morning.

OP’s posts: |
PeppasMuddyPuddles Tue 02-Jun-20 13:40:51

YANBU op, unfortunately that's exactly what I would think too.

Rainbow12e Tue 02-Jun-20 13:46:20

She has worked continuously for them so surely would be entitled to redundancy if it comes to it?
From what I have read though, if they have her down as a casual worker (Even though she clearly isn't ), they can get away with a lot in terms of letting her go with no notice. Very worrying.

OP’s posts: |
Lockheart Tue 02-Jun-20 13:48:34

What does her contract say?

PeppasMuddyPuddles Tue 02-Jun-20 13:49:24

Does she have a contract that she can check? Or an HR department she can speak with?
Hopefully someone with more knowledge than me will be along soon to answer, but from the quick Google I've just done it advises no casual employees are excluded from redundancy pay regardless of continuous casual service.

SpongeBobJudgeyPants Tue 02-Jun-20 13:49:38

Yes, sounds dodgy. Is she in a union?

OoohTheStatsDontLie Tue 02-Jun-20 13:52:49

She needs to check her contract with them and correct them and refer them back to the contract if they are wrong

OoohTheStatsDontLie Tue 02-Jun-20 13:53:28

I dont think anyone would think 12 years was casual though

Rainbow12e Tue 02-Jun-20 14:01:43

I have asked her to check her contract and if they try anything (Like firing her with no notice) she will have to join a union.
I can't imagine any company getting away with that though. It's obvious she is a proper employee. They need her there at a certain time every day and she has done so for 12 years.
Very odd indeed.

OP’s posts: |
copycopypaste Tue 02-Jun-20 14:20:56

Yes get a copy of her contract, that will tell you what she needs to know

slashlover Tue 02-Jun-20 14:21:46

I have asked her to check her contract and if they try anything (Like firing her with no notice) she will have to join a union.

She needs to join the union before any firing, I think there's a specific time. No union will take her on after an issue otherwise nobody would join and pay into it until they needed it.

SunbathingDragon Tue 02-Jun-20 14:23:54

I have asked her to check her contract and if they try anything (Like firing her with no notice) she will have to join a union.

As a PP says, she needs to join the union now. I’d also ring ACAS and get your daughter to look at her contract.

TinyPigeon Tue 02-Jun-20 14:24:22

She needs to join a union now- before she needs one.

Rainbow12e Tue 02-Jun-20 14:34:21

I will do.
Like I say though, it's pretty obvious to anyone she is not a casual worker so good luck to her company if they try any funny business

OP’s posts: |
longtompot Tue 02-Jun-20 14:34:31

You have rights if you are in continuous employment with the same employer for 2 years. I don't know if this applies to your daughter, but worth looking at.

Rainbow12e Tue 02-Jun-20 14:38:00

Thank you. Yes, she has been there many years.
From what I have seen a casual worker is someone who can turn down work and work is not on a continuous basis.
Going to call my daughter up in a bit and relay information given in this thread.
Many thanks.

OP’s posts: |
cheesyrats Tue 02-Jun-20 14:48:19

As far as I understand it, casual workers are those needed on a flexible basis, and dependent on whether they are needed for workload etc. Does she have an annual salary and get paid the same amount every month, or is she paid hourly so her wages are different every month?

Rainbow12e Tue 02-Jun-20 14:50:03

She gets paid hourly so it differs depending on how long/short the particular month is.
In normal times, she would be required to work every morning, all year round.

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Happycamper78 Tue 02-Jun-20 14:54:11

She should contact ACAS for advice. I understood that whatever her contract says, if she has been working a regular pattern for 2 years then she is not casual status. There are various legal tests of employment status such as is she able to say no to work offered and is she regularly on a rota. Then she is likely to be an employee rather than a casual worker. But she may have to fight for that if she has a contract saying she is casual.

Chandler12 Tue 02-Jun-20 15:01:28

Having had more than two years continuous service - with set hours - she is entitled to full redundancy pay and notice. It doesn’t matter what her payroll have her down as.

NC10101 Tue 02-Jun-20 15:07:29

Just to reiterate, she needs to join the union now, ASAP, not after something happens

Rainbow12e Tue 02-Jun-20 15:14:06

I do not want to panic her but will relay all this back to her.
I am inclined to agree with you Chandler12 but some companies can be very sneaky and she will need to be one step ahead.

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Moondust001 Tue 02-Jun-20 15:15:56

Chandler12

Having had more than two years continuous service - with set hours - she is entitled to full redundancy pay and notice. It doesn’t matter what her payroll have her down as.

That is a gross over-simplification, and may not be true. The terms of her contract are nowhere in evidence here, and until they are you cannot possibly know this is a fact. Someone could work the same hours for ten years and still be on a zero-hours contracts, therefore being a worker and not an employee.

FurloughedOff Tue 02-Jun-20 16:18:21

ACAS will be able to advise her.
www.acas.org.uk/

Chandler12 Tue 02-Jun-20 16:39:55

@Moondust001

“Someone could work the same hours for ten years and still be on a zero-hours contracts, therefore being a worker and not an employee”

Incorrect:

Pulse Healthcare Ltd v Carewatch Care Services Ltd & Ors (2012)

If you don’t know what you’re talking about don’t comment it doesn’t help anyone.

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