What is a Casual Worker?
The term ‘casual worker’ describes an individual who is not part of a business or employers permanent workforce. Casual workers will not normally be guaranteed a minimum number of hours and are usually expected to work on a flexible “as required” basis, for example, covering holidays and sickness in the permanent workforce.
If a PA doesn’t have any agreed hours, your employer doesn’t need to provide you with a contract of employment. However, it is advisable to ask for a casual worker agreement to record working requirements and arrangements to avoid problems or misunderstandings.
Under a casual contract, the employer isn’t obliged to offer any work, and the employee is not obliged to accept work when offered.
There are many different types of casual worker, which can include those engaged for:
- Zero hours contracts (e.g., no minimum guaranteed hours)
Determining employment status
Casual workers’ legal status, and therefore their rights, depend on whether they are classed as employed, self-employed or a worker. This can often involve an assessment of all the circumstances of the relationship. Staff who are not employees generally fall into two categories – independent contractors such as the self-employed or workers.
Workers have limited rights, such as:
- Being paid the National Minimum Wage
- To benefit from the Working Time Regulations 1998
- To be paid for statutory annual leave
However those who are self-employed have far fewer rights. Consequently, it is essential to correctly identify your employment status.
Casual workers must be on the employers payroll
All casual workers must be included on the employers payroll in the same way as a permanent employee, under HRMC rules. This is the case whether they are only employed for a few days or longer:
- Casual workers are entitled to holiday pay
- Casual workers may be entitled to protection from unfair dismissal if they are in reality employees
- Casual workers may have some basic employment rights
- Casual workers may also be entitled to family related benefits
Take a look at the resources available below to guide you in more detail.