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If someone works for me on a casual basis, are they an employee?

Employment status questions can arise in relation to staff taken on a temporary or casual basis.  Depending on their work pattern, they might be employees or workers and their rights will change accordingly.  If you are engaging someone to work for you on a regular and consistent basis over a period of time, with a set number of hours’ work guaranteed per week and a expectation both that you will give work to them and they will accept it, it is likely that they will be regarded as an employee.  If you are engaging someone on a genuinely casual basis, without an obligation to give work to them or requiring a commitment from them to work such hours that may be offered, that individual may only be a worker, but it would still be sensible to confirm the terms on which they are engaged by you to avoid any uncertainty or dispute arising in the future. Employers often assume individuals can work for them on a self-employed basis, but in our experience this can be a misconception and the individual would need to genuinely be in business on their own account and have a great deal of control over how the work or project is delivered. It is important to remember, however, that whatever documentation you have in place, the reality of the working relationship will always be scrutinised in the event of any challenge to employment status.

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