Casual Staff Agreement

*Updated for GDPR*

This document is for when you want to engage a worker on a zero hours contract, to work as and when you need them to. It can be used to cover fluctuations in your business or when you start up or for any other reason, you do not know how many people you will need to work for you at any particular time. The agreement sets out how you offer work to the worker and what terms apply each time that they agree to work for you. The worker can turn down the work that you offer and you have no obligations to each other between each period of work. Since May 2015, you cannot prevent a casual or zero hours worker from working for other employers. The agreement is drafted so that the worker is not intended to be an employee. However they will be what is called a ‘worker’ in employment legislation. This means that they have some protection each time they work including the right to the national minimum wage and to paid holiday, but not to the higher level of protection that applies to employees only, such as unfair dismissal. But if a person works regularly for you, with time they may become an employee; the actual situation is as important as the contract, so review your worker arrangements regularly. See our Step by Step walkthrough for full guidance notes to help you complete this document on your own.

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Step-by-step guide

Let’s walk you through how to go about drafting a Casual Staff Agreement, something you need if you need workers on standby to cover busy periods. The workers are not intended to be employees and will only have rights each time that they work for you. This means that you do not have to offer work to them, and they only get paid and earn paid holiday when they do work for you.

The legal side of a business does not have to be scary or confusing; it is however 100% necessary. Follow these simple steps to put your agreement into writing and ensure that you are adequately protected.

1. First thing’s first, enter the relevant details of both parties…

2. This sets out what the relationship is between you and the worker, making clear that they are engaged “as needed”, and that they do not have the rights that an employee has…

3. This gives more information about the relationship, making clear that you do not have to offer work to the individual…

4. This explains what the relationship is between you and the worker when they work for you and that the terms of the agreement will apply each time that they do work…

5. You’ll need to set out how you will contact the worker to offer them work. The agreement confirms that the worker does not have to accept any work offered but if they do, they must tell you if they later can’t do the work for any reason…

Provide information about the type of work that the worker will be doing normally and who they should report to at your business…

6. Even though the worker is not an employee, you must make sure that they have the right to work in the UK and check their documents before they start doing any work for you…

7. Where will the worker do their work normally?

8. You will need to tell the worker what their normal hours are each time they work for you. You must make sure that they get all the rest breaks that they should. There are specific laws applying to working time in the UK as a result of EU legislation, so you may want check this out with one of our LawBriefs…

And are there any company rules and policies that apply to the worker? If so, you may want to mention these here.

9. Provide information about the pay. Bear in mind there is a national minimum wage in the UK which you need to follow – feel free to discuss this with one of our LawBriefs. You only need to pay the worker for the hours that they work (other than holiday that they accrue)…

10. The next section sets out how the worker’s holiday will be calculated and requires them to take holiday at the end of each period of work (not during that period, unless you ask them to) – this is another area where the law has something to say, so make sure you give them the right entitlement.

If you are unsure then we can help with this.

11. What will the standard procedure be regarding absence due to sickness? If the worker is sick on a day they are due to work, when do they have to notify you and what evidence of sickness do you need? If they qualify, they will be entitled to statutory sick pay…

12. Both you and the worker can end the agreement at any time.

13. You’ll need to include a section about confidentiality – make it clear what information can and cannot be shared…

Also workers have rights to know what you are going to do with information that you have about them. Make sure you tell them and get their consent to do those things.

14. The section on Intellectual property involves clarifying things like who owns the worker’s ideas or copyrights generated by the worker when they work for you…

15. You should explain what the worker must do with the company’s property at the end of each period when they work for you – for example, giving back any documents they have been working on, or their company phone or laptop.

16. Almost done now. You should include something about notice. How do you plan on communicating about the agreement?

22. And this is where you get the option to try out fantastic e-signing feature at no extra charge and close the agreement in minutes…

Remember, if you come unstuck at any point, our LawBriefs are here to help. Visit our legal advice page to submit an online enquiry or call us on 020 7148 1066.

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Document drafted by:

Louise Paull LawBrief

Louise Paull is an experienced employment lawyer providing clients with commercial, practical advice on a full range of employment-related matters.

She advises on contentious and non-contentious matters working with employers on the legal issues arising in relation to the recruitment, day-to-day employment and dismissal of staff, including drafting contracts of employment, staff handbooks and policies, cultural and family-friendly issues, equal opportunities, diversity and discrimination matters, sensitive issues around the termination of employment, including disciplinary, conduct and capability issues, negotiating severance packages and settlement agreements, collective and individual redundancies, unfair dismissal, breach of contract, business transfers and TUPE issues.

Louise qualified in 1999 with City firm King and Wood Mallesons SJ Berwin as an employment associate and most recently worked for Berwin Leighton Paisner in its employment team. She spent time on secondment with IMG, a major international sport and artist management business, as its sole in-house employment lawyer, and has worked for BT in its in-house legal team.

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