Casual Staff?

What are Casual Staff?

My Sister and I are confused as to what we come under, purely because of the days we have been told we are working over the half term. We work in a Cafe, just to let you know!

We always work on a Saturday and Sunday, from 11 till 4, and I also work a Friday.

This half term we are working 9 days, so from Saturday just gone, to Sunday, without a day off.

Our Auntie, who is also the Cafe Manager, says that we don't have to have a day off, as We are casual staff. My Sisters friend, who works on the same site, but in the childrens play area, with a different boss, says that we aren't casual staff, as we have regular hours on a regular basis, and because of this we are entitled to a day off.
It's my sisters friends boss that has said we aren't casual staff, and I would like to believe her, given that she is the owner of the play area business, so she should know her stuff.

We don't have contracts, we were told by our Auntie that the 'Big Boss' was getting proper contracts drawn up for us, but this was at the beginning of the Summer Holidays, and they still haven't appeared yet. Does this affect our status?

Either way we aren't getting a day off this half term, but I would like to know where we stand. There's no point trying to talk to my Auntie about it, she knows all there is to know about everything, and thinks our Boss is god or something!

So, what do you all think!?

x

Your employers are in breach of the law by not providing a contract of employment I believe they have to provide it within 12 weeks of you starting work. Have a look on the ACAS site they have all the help/information you could need.

I have always worked part time jobs and avoid casual work like the plague as you have so many fewer rights doing it.

If you work regularly you are not casual. Your employer is probably avoiding tax etc and you may not be insured, so I`d get this sorted.

I may not be right on this, BUT, if you are casual staff, you are just that, and can be called in to do extra hours if you wish, or if your boss wishes, i.e. you're casual labour, when he needs you, he has you (like this half term if he's busy), and when he isn't busy (like the week-days) he doesn't have you.

If your normal working week is 3 days, i.e. Fri/Sat/Sun, then you are entitled to 4 weeks' holiday of 3 days a week coz that's what your working hours are. Same as if you just did 2 hours each week, you would only get 4 weeks at 2 hours a week paid holiday, but it's law that you get it even if you're part-time or "casual".

SO, you have a choice, in that you can tell him where to poke the extra time he wants you to do this week, saying your working week is Fri/Sat/Sun, and if he doesn't like it, then he can tell you to get on your bike and you lose your 3 day working week. If you want to keep this little job, then I suggest you go with the flow and accept that being "casual" means he can fall on you whenever he likes. Simples!

Yes, you should have a contract of employment, even if you only work one hour a week, it's the law, so why hasn't he given you one! Good luck, but think hard about it if you want to keep this job, and afterall, I'm sure the extra money comes in handy maybe?

When I was in my teens I had a little job where the boss didn`t declare me, saying I was casual, and the Tax people came after me for the NI owing. I referred them back to him and he had to pay up.

I once worked for a company (not that small and seemingly reputable) that deducted my tax, national insurance etc but when I moved on and became self employed the tax man discovered I apparently hadn't worked there for over 2 years since being made redundant and I wasn't the only one, there were about 6 of us all on around £30,000 a year, he'd been pocketing our deductions and in effect paying us considerably less without our knowledge. There are some dodgy duckers and divers about.

Julie1962 has the bright idea, except that I'd say give them a ring: they have no enforcement function and won't tell your boss you've called. Their number ought to be in your local phone book (Arbitration, Conciliation and Advisory Service).

As you work in a cafe, you do fall into the remit of the Wages Inspectorate, who DO have an enforcement function - and you can make an anonymous complaint to them. If you can't find their number, ACAS will have it.

Snorri

Thanks Everyone!

I'm not bothered about my job title and things, but was just wondering if we are allowed to work the 9 days straight, with no day off, as we've been told contradictory things. If I pass my test soon then I'll be leaving and heading back up North.

My Auntie makes it out that we have a choice, by 'asking' us if we are happy to work all the days, but she knows that we don't have a choice, we have to say yes we don't mind. Like she dropped the bombshell today, 5 mins before we left that we had to go in at 10, rather than 11, which isn't a big deal, but it's because someone else is having a day off. So we have to cope with only 3 members of staff, and if it was as busy as it was today, then we are going to fall to pieces, we can't do it on 3 people, without ending up severly behind schedule at the end of the day and not getting any form of break. No big deal, it's only a 5 hour shift, but we still appreciate the time we get to sit down and have a drink/sandwich.

I'm probably making a fuss out of nothing, but I'm just really worried about my sister and all the college work she has, she just doesn't have enough time to do it all, because she isn't getting a day off.

Thank you again! x

I think the law states, that you cannot work more than 50 hours a week, rather than the actual days per week, so with your 9 days, it's 45 hours so that's ok without time off.

I think they are working you both too hard and that you should be able to have a day off.

Doesn't sound the best place to work if they treat staff like that, I wouldn't employ anyone and not give them a day off after working 9 days straight.

Big hugs and hope you can have a day of rest very soon x