According to the BPIF, some non-contracted temporary workers may actually have the same rights as full-time employees, surmising that "if it walks like a duck and quacks like a duck, then it’s a duck".
It said that casual staff are often hired to avoid overcapacity and help firms ride seasonal peaks and troughs. While these workers are not obliged to accept work and the employer is not entitled to provide it, the reality is often different, the industry federation claims.
Carole Banwell, solicitor for the BPIF, said that casuals are, in practice, expected to come in every day and book annual leave in advance. She added: "The longer casuals come in day in, day out, the more likely they are to be assumed into the general pool of employees."
"Before you know it, a disgruntled 'casual' who has been kicked off site over a disagreement with a colleague, is found by a tribunal to have been an employee and wins a claim for unfair dismissal and receives thousands of pounds compensation."
A recent case, Protectacoat Firthglow vs Szilagyi, highlights this. The company's documents had Mr Szilagyi, and his assistant, down as a partnership with a contract to provide services to Protectacoat. After a disagreement, the company terminated Szilagyi's contract. However, the court found that Mr Szilagyi was an employee of Protectacoat and had been unfairly dismissed.
Banwell said: "Casual workers are an issue in the print industry. Often, human resources will make sure records are kept, but the frontline will operate independently. The law is not clearly defined and the characteristics of the relationship are crucial."
In February 2008, The BPIF warned printers of the perils faced if paperwork on casual workers was not kept up to date.
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