Part-time or casual employee ??

[Nick M]

For a number of reasons, I'm trying to figure out if my wife is a proper part-time employee, or if she's still classified as a casual employee.

Some background:

- she began working for a couple (friends of ours) in about October 2007 (I think) when they were getting their B&B / wedding venue business off the ground. Her duties were a mixture of child-minding their baby daughter (yes, she's qualified to do that ), domestic duties such as cleaning, getting rooms ready, etc., and helping out in the garden.

- During 2008 she was also helping them at weekends with their wedding venue, working behind the bar, bit of waitressing, getting drinks ready for the arriving guests, etc., etc.

- Same again during 2009, but with the added 'benefit' that she was also helping (or largely responsible for) finding staff and keeping them organised on wedding days.

During the off-seasons, the couple kept SWMBO ticking over with work on the B&B and child-minding side, but usually only for a few hours a week, although typically the same days/hours. But it could be varied at little or no notice, either being asked to come in for an extra morning or being told there wasn't anything the next day.

This year, Mrs Wedding Venue has asked SWMBO to take a more 'front of house' role in terms of running the weddings as she concedes that my wife is much more of a people person that she is. This was allied to a slight increase in her hourly rate during weddings, but not during the rest of the week if she was working in the garden, etc.

So, having done a bit of homework I'm currently not sure if she's properly part-time or still classified as casual labour.

Some other pertinent details:

- she's never had any sort of contract - it's always been verbal agreements (despite me pushing SWMBO to get this clarified). But she submits a weekly timesheet and gets paid through the company payroll
- hourly rates have varied, and one particular 'agreement' was retracted by the couple (probably because they realised how much it would cost them)
- if SWMBO takes any time off she doesn't get paid (this is what triggered my research to try and clarify her status
- She frequently has to work late on wedding days, usually until gone midnight, and has to work bank holidays (but for her usual hourly rate, not time and a half or anything special)


I'm increasingly of the view that the couple are taking the proverbial but SWMBO is worried that if she pushes the point with them then she'll be straight out of a job. I think the couple also know they're pushing their luck and have created a situation which could come back to bite them, but at the moment it feels like a real impasse has been reached where she can't say anything for fear of being out on her ear, and they obviously don't want to do anything because it's convenient for them to leave things unresolved. Plus I don't think they'd hesitate to get rid of SWMBO if they ever felt she presented a 'threat' or risk of them facing a legal challenge (although the irony is that their behaviour could of course trigger that course of action...).

Suffice to say I've suggested she find another job come the end of the summer season, and SWMBO agrees, but I would like to get a little clarity about her situation, just in case something happens before she's ready to go of her own free will.

So, suggestions on a post-card please

[smartie]

no such thing as "casual" employment as far as HMRC are concerned - you're eaither employed or your not. I would say she is employed and as such entitled to holiday pay, redundancy, sick pay etc etc.

Being entitled and getting are different matters of course...........

[Custard Test]

Agreed. She has been accruing holiday pay for every hour she has worked. Also the employer is breaking the law by not providing at the very least a statement of employment.

[Nickellarse]

...and I would hazard a guess that someone isn't paying either employers or employees NI.

Ditch them and dob them to HMRC. They sound like proper tossers who are treating your other half like a slave.

[Nick M]

Nickellarse said:

...and I would hazard a guess that someone isn't paying either employers or employees NI.

Ditch them and dob them to HMRC. They sound like proper tossers who are treating your other half like a slave.

I did some calcs for them a while ago to show the NIC exposure for paying people properly, as it would only cost them buttons. Suffice to say that's not exactly been heeded.

When her earnings go over the LEL then NI and tax do appear on her payslips, but that's only since everyone has started filling in time-sheets and they have someone doing their payroll calcs for them each week.

But yes, your last sentence pretty much sums up my feelings about the situation...