4 Atypical contracts and the variation of contracts

Agency workers

• Dacas v Brook Street Bureau (UK) Ltd and anor (2004); Cable and Wireless plc v Muscat (2006)

• James v Greenwich Council (2006)

• Craigie v Haringey Council (2007)

Part-time workers

• Part-time Workers (Less Favourable Treatment) Regulations 2000

• Definition of part-time

• Comparator

Casual workers

• Mutual obligations test

Temporary workers

• Same rights as other employees

Fixed-term contracts

• Four-year maximum

• Termination is a dismissal

• Not to receive less favourable treatment

• Comparator

• Terminating contract early

Flexible working

• Carers of children aged under 6 years (under 18 years if child is disabled)

• Carers of adults

• Right to request only

• 26 weeks’ continuous service qualifying period

• Statutory procedure

Reasons to refuse a request– burden of additional costs– detrimental effect on the ability to meet

customer demand– inability to reorganise work among existing

staff– inability to recruit additional staff– detrimental impact on quality– detrimental impact on performance– insufficiency of work during the periods the

employee proposes to work– planned structural changes– any other ground the Secretary of State may

specify by regulations

Varying a contract of employment

• Cannot unilaterally vary a contract of employment

• Employee – resign and claim wrongful dismissal, keep working and seek damages

• Employer – negotiate, dismiss and re-employ on new terms

Asylum-seekers

• It is an offence to employ someone who has not been given permission to enter or remain in the UK

or

• whose permission excludes working

• The employer must check documentation

Ex-offenders

• ‘Spent’ convictions

• Rules for specific occupations

Work permits

• Not needed for EEA and Commonwealth residents

• Employer applies for work permit

• Rules applying to specific occupations