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Definitions of Employment Within the VCS PDF Print E-mail
The following information has been sourced from Working for a Charity's online course Effective Voluntary Sector Management

1. Part Time

Any contract less than normal full time working. Part time workers are covered by the Part Time Workers Regulations which state that they must have employment terms pro-rata to a full time comparable worker.

2. Temporary Workers

Temporary workers are employed on a basis which is not meant to be permanent.

  • The employer must make it clear that the employment is temporary and indicate in the statement of particulars how long it is expected to continue.
  • The employer need not offer a statement of particulars for employment of less than one month.
  • As it is a contract of employment, employment rights available from the start apply.
  • The longer the time the person is employed, the more continuous service rights they enter into.

3. Casual Workers

In this case the employer makes no commitment to offer work to the individual when it is available. They are employed with no continuing contract, but only to provide work for that day, that session. There is no mutuality of obligation.

It is particularly important to watch out that sessional or bank or locum staff do not fall into a different type of employment relationship with an organisation by building up regular working periods over a number of months or years. If there are no breaks, these may constitute enough continuity of service to qualify for a permanent contract status.

4. Zero Hours Contracts

There is no legal definition of a zero hours contract - it is a day to day name for a contract under which the employer does not guarantee to provide work and pays only for the work done. However workers are capable of acquiring continuity of employment if they work regularly.

5. Secondees

These are employees who are lent to an organisation for a particular time period. The original employer usually continues as their technical employer. This can lead to difficulties where the obligations for discipline, supervision, termination of contracts are not made clear.

6. Agency Staff

Agency staff are supplied on a temporary or long term basis by an employment agency. They are not considered to be an employee of either the agency or the agency's client unless there are specific factors pointing to an employment relationship. However note that recent case law in this area points increasingly to long term agency staff being able to claim employment rights.

7. Fixed Term Contracts

These have an end date written in at the start of the contract. Employees on fixed term contracts have a right not to be treated less favourably than a comparable permanent employee, unless objectively justified. This does not require like for like pro-rata entitlements. Provided the fixed term employee's contractual rights are, as a whole, at least as favourable as the permanent employee's - objective justification is deemed to be fulfilled.

 
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