Our retail business engages a large number of casual workers on zero hour contracts. However the business does tend to have the same casual staff attending for the same shifts on a weekly basis and then often use the same workers to increase their hours over busy periods such as Christmas. Some “casual staff” have been working these shift patterns for a number of years. I am having a conduct problem with one such employee and am unsure if the statutory disciplinary and dismissal procedures may apply to him. Has he inadvertently become an employee?Posted in : First Tuesday Q&A NI on 6 November 2012
A recent Employment Appeal Tribunal case in GB gave some useful guidance on when a casual worker may have become an employee under a contract of employment with continuity of service. In Pulse Healthcare Ltd v Carewatch Care Services Ltd 2012 a number of workers all signed “Zero Hours Contract Agreements”. On examination the agreement made references to “employment” and was sub-titled “Principle Statement of Terms and Conditions of Employment”. It referred to continuous employment and there were provisions about “salary”, uniforms, annual leave, sickness, notice and pension. However, it
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