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