Email 2: From Operations Manager Hi, My name is Susan, and I manage the delivery drivers. I am responsible for over fifteen members of staff. Due to the unpredictable nature of work in my department, I often take on regular casuals or agency staff to accommodate busy periods. I tend to use the same causal workers as it saves time in re-training, and they usually fit right in as they know the rules and policies for the department. I make very clear to these casual workers that they are not employees and I have specified this in the agreement. To avoid any confusion about their rights, I make clear in our written agreement they are entitled to send in a substitute from my preferred list of drivers if they cannot make it into work (To date no-one has ever exercised this right). In addition to this I do not pay them any sick pay, or holiday pay. The drivers normally manage their own Tax and NI and more recently I am having to monitor their timekeeping more closely. Dave has been a casual for about eight years and asked to discuss his right to holiday pay, I am a little confused as my agreement makes clear they do not have access to holiday pay. He is now saying he has become aware he should have access to holiday pay, is this right?

Could you please advise what Dave's rights are, and what factors would be used to determine his employment status?