what is my employment status

[jack1966]

im in work for at least 28 hours a week as a sessional worker, sometimes 18 hours a week sometimes 45, please tell me my status

[becky2585]

Seasonal work strongly implies worker, raher than employee, status, but it's impossible to say for sure without further details.

[Gbarbm]

Do you mean are you classed as an employee?

For an opinion on your employment status, go to the HMRC website and enter employment status indicator in the search box and then answer the questions and you will be presented with an opinion of your status

(sorry can't seem to post a link for you on the IPod)

[jack1966]

according to HMRC i am an employee, but i get no holidays or sick benefits pay, how come, i darn t ask, i will be dumped, i will have no work, work is when they want or need me, i feel i have no rights,

 

oh p.s. i work for a part ov the government

 

just to say i had a small operation once and went back to work within 3 days, i didnt dare take time off yet i felt ill

[becky2585]

Even as a worker you should get holiday pay, unless its rolled up and taken during the off season?

 

From what you've said though, I think it's unlikely you're an employee.

[jack1966]

i am an employee, i dont get told my entitlements, i am an employee of a government service

[jack1966]

im geting ripped of to bits and i know i am but i cant do anything or i will lose all work

[Gbarbm]

Sonare you actually employed by the company or an agency

[jack1966]

do you think i have rights anywhere

[jack1966]

im employed by the business, no agencys anywhere

[jack1966]

i am an employee, who gets no holiday pay or sick pay, i am in limbo, ive worked this job continuous for 4 years

[Gbarbm]

I don't understand why you're not getting holidays etc.

I only work one day a week in a supermarket (in addition to my main job) and I get 5 days leave a year. I'm also entitled to sick pay, although I wouldnt get any unless I was sick for 4 weeks as I'd have to do 3 waiting days (3 weeks) before I got anything.

Do you have a contract or written terms/conditions of your employment?

[jack1966]

i have a contract, and i have asked for a new one since laws have changed 2011-2012 but got nothing, i have to take it or lump it. you'd be surprised who i work for,

[becky2585]

What laws have changed which altered your contract in the last year?

[jack1966]

i remember (got told nothing) that laws regarding casual, sessional, workers had changed and that they were entitled to more rights

[Gbarbm]

What does the contract you currently have say about holidays etc?

[jack1966]

will look tomorrow, but ive never had them, thankyou

[becky2585]

Agency workers rights have changed, yes. But you aren't an agency worker?

[Gbarbm]

Hi Jack

Would you be able to send me a private message giving me the name of your employer as that will help me to answer your query

Kind regards

Gbarbm

[WBWarrior]

Hi All,

 

thought I would reply to this post as it seems similar to my situation. I am also a sessional worker for a charity organisation and I was always told "sessional workers dont get holiday pay" but I have found out this is wrong.

 

The term "worker" is important here, assuming your over 18.

 

You dont need to have a written contract to get holiday pay, if your over 18 and your employer deducts tax/NI from yoru sessional pay you fall within the definition of a “worker” in Regulation 2(1)of the working time regulations and you are entitled to paid annual leave in terms of Regulation 13.

 

Also dont be fooled by the rolled up holiday pay, i.e "its included in your hourly rate", this is probably illegal, if holiday pay is rolled up it should clearly state on the pay slip what is basic pay and what is holiday pay.

 

There seems to be an awful lot of organisation who dont pay any holiday pay to sessional workers, this is wrong(confirmed by a solicitor), if you are classed as a sessional worker, make sure you get your holiday pay.

 

Hope this helps someone.