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How long can I work on a temp contract before the employer has to offer me a job?

(9 Posts)
Besta Mon 12-Jan-15 17:07:44

At the moment, I'm working (and have done for about 8 months) on a casual contract. The hours are 30 per week.

Is there some rule that after a certain time I've been working there, my employers have to put this on a formal (contracted) basis?

Thanks smile

flowery Mon 12-Jan-15 17:12:29

30 hours a week isn't "casual". You are employed. Your employer should give you a contract (or written statement of particulars of employment) within two months. I take it you havent had that?

Marphe Mon 12-Jan-15 17:16:28

It's four years of having your temporary contract renewed back to back

Besta Mon 12-Jan-15 17:32:03

I'm employed via a "statement" of casual working (local council). The actual statement says "this does not constitute a contract", "we reserve the right not to offer you the hours and you can refuse to do them". Basically the hours are there, but not guaranteed and I can refuse (theoretically not realistically!)

Having said that, I do get holiday pay, accrued on a daily basis.....?

Four years sad was hoping for some thing quicker than that!

Pensionerpeep Mon 12-Jan-15 17:38:03

Message withdrawn at poster's request.

CLJ52 Mon 12-Jan-15 18:05:37

I'm not sure a casual worker does accrue employment rights. You would normally have to be an employee, and I think the lack of contract, and the specification that you can refuse hours, would suggest you are not an employee.

However, not sure a council could justify a 30 hour per week job as casual labour.

The unions are very hot on this with councils - if you're not a member I'd recommend that you become one.

Besta Mon 12-Jan-15 18:10:21

Thank you. I'm off to look at unions.....

I'll give acas a call too, I think.

OddBoots Mon 12-Jan-15 18:15:33

According to this they have to give a good reason not to renew after 2 years but it doesn't become permanent until after 4 years.

flowery Mon 12-Jan-15 19:33:09

The four year thing doesn't apply to the OPs situation. That is if someone is on several fixed term contracts one after the other, taking the employee over four years. At that point the employee becomes permanent.

But being "permanent" doesn't mean very much anyway for the first two years as its just as easy to get rid of a "permanent" person as it is a temp.

OP if you work regular hours each week, especially that many hours, and can't realistically turn work down, then it is very unlikely your employment is genuinely "casual".

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