If you find yourself asking 'what is a casual work contract?’ you're not
alone. Luckily we have written a clear explanation to help you understand,
which you can take a look at
Unhelpfully, the terms ‘casual workers’ and ‘zero hour workers’ are often
used interchangeably and there is no definitive definition of what
constitutes a zero hours contract. It is important, therefore, that
employers use the correct contract to meet their requirements.
For these purposes, then, casual workers are not considered to be employees
working under a contract of employment because there is no mutuality of
obligation and, under this contract, there is no continuing employment
relationship between assignments. However, employers should ensure that
assignments are of short duration and there is a sufficient gap between
assignments (i.e. more than a week) to avoid claims that assignments are
linked under a ‘global’ contract (see Zero Hours Contract).
As a casual worker is not an employee, these terms and conditions do not
contain many of the standard employment contract clauses, for example,
those relating to pensions, collective agreements, grievance, disciplinary,
maternity and paternity, sick pay and retirement. However, employers should
be aware that, notwithstanding the absence of, say, a sick pay clause a
casual worker may still be entitled to Statutory Sick Pay (SSP) if they
reach the SSP threshold.
This Casual Work Contract should be used when employers have variable
demands for staff. Under a casual work contract, the Employer has no
obligation to offer work to an individual and the individual is not
required to accept the work when it is offered. For situations where the
Employer is under no obligation to offer an Employee work but, when it
does, the Employee is required to accept the offer, please see the Zero
Employers should maintain records of the hours the individual has worked
and details of the holiday taken. From 6 April 2020, the holiday pay
reference period for workers without normal hours (like casual workers)
increases from 12 to 52 weeks.
This contract is regularly reviewed to ensure it reflects the current
position on casual workers.
This Casual Work Contract contains the following clauses:
3. No Continuous Service
4. Hours of Work
5. Place of Work
8. Sickness Absence
10. Data Protection
12. Governing Law and Jurisdiction
13. Right to Work in the UK
This contract is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
Clauses with optional and alternative phrases appear in blue font. The way
in which this document is designed ensures that it will make sense with or
without the optional clauses. Tailor this contract by removing all phrases
and clauses which are not relevant to your business. Once you have
finished, please remember to highlight the whole document and switch the
font colour to black.
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