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Employment rights of casual workers; YOUR VIEW A chance for local charities, voluntary organisations and advice groups to reach our readers TODAY: Joe Michna, Citizens Advice Bureau manager.

Q. What is the legal status of a casual worker? A. Casual workers are not normally classed as employees for legal purposes. This is because there is no 'mutuality of obligation' between the employer and the worker. The worker is free to work when he/she wants and the employer is free to offer work when he/she wants.

Q. Does a casual worker have a contract of employment? A. A person who is a genuine casual worker does not have a 'contract of employment' and therefore does not have full employment rights. Eg, a genuine casual worker cannot claim unfair dismissal or statutory redundancy payments Q. Do casual workers have any employment rights? A. Casual workers have a limited number of employment rights and these include: the right to the national minimum wage the right not to be discrimi-nated against the right to work in a safe workplace the right to paid holidays the right to rest breaks ? the right not to work more than an average of 48 hours a week Q. What if a casual worker is given work on a regular basis his/her employer? A. If a casual worker is employed on a regular basis by an employer this may cast some doubt on their employer status. The more regularly an employer provides work for a worker, the more likely it is that the person is actually an employee.

Q. Do casual workers have to pay income tax and national insurance on their wages? A. Someone defined as a casual worker is subject to the same income tax and national insurance rules as an employee would be. So depending on their financial circumstances, they may have to pay income tax and national insurance on their earnings from the casual work.

Q. If someone is defined as a casual worker but is really an employee and being denied full employment rights, what can they do? A. If there is a dispute about a person's actual employment status which cannot be resolved with the employer and as a consequence, the person is being denied their proper employment rights, the person can make a claim to an employment tribunal which will make a decision on the particular legal entitlement.

For further advice and information on all employment law matters, contact your local CAB. There are CABs located in Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton.
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Title Annotation:Letters
Publication:Evening Gazette (Middlesbrough, England)
Date:Dec 2, 2013
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