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Legal matters

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Original poster

Bank staff- legal rights if any?

27 replies

ArchesOfLavender · 28/03/2024 07:57

I’ve worked for nearly three years as bank staff for a council. My contract states I am given individual assignments, there is no continuous employment. I can be sent to places, and take or leave these assignments. The contact is casual/ zero hours.
The reality is a number of places think I am their assigned staff member from the council, for some I have been going multiple times every half term and I agree the dates for the whole year in advance. Others I cover more ad hoc
I have been paid every single month since starting a consistent amount, though I have to process this as a claim sheet.
I have pay slips, full access to systems etc. I function as any staff member would.
Is every claim an individual assignment I am employed for, or after a year does it start to count as continuous service?
The reasons I ask- I like the job, but long term it’s scary doing they could simply cut my email access and never contact me again suddenly if they wanted to for budget reasons or anything else. Maternity, what would happen.
thanks!

OP posts:

TizerorFizz · 05/04/2024 21:56

@JackSpaniels They pick on”little people”. Many years ago they descended on DHs firm. Nothing wrong but they seem to ignore bigger issues and like going through everything that small young companies do.

Original poster

ArchesOfLavender · 06/04/2024 07:30

TizerorFizz · 05/04/2024 09:11

@ArchesOfLavender Why can you not have a second job? What exclusivity do you have in the contract? Your hours do accord with the legal status of worker.

Im not sure why you cannot read the ACAS definition of worker and what benefits of employment you must get and which are optional. Optional means your employer might give these benefits but they don’t legally have to. If your contract is silent on benefits does it refer you to an employment handbook? You won’t be the sole employee with this status so ask HR. No ome here can tell you what benefits your employer will give you as they are all different.

HMRC has also tight rules for self employed. You would need multiple compdniex or organisations using your devices. ACAS clearly says worker status is a more casual relationship but of course your boss can direct when and where you work but you can negotiate. Full employers cannot in the same way. Do you pay pension contributions? How do you agree paid holiday? What about other employee benefits? What handbook are you referred to to know what you get and what you don’t? You need to ask your employer.

The point is the contract does state this, and other things, that are incompatible with being a worker. Which is the basis of the thread really. It does say I must ask permission. Hence asking the wider question: just because HR assert something, does anyone on here have experience of proving otherwise
I pay pension, have holiday etc. I’ve stated a few times I’m an employee and not self-employed.

OP posts:

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