Casual Workers

What is a casual worker?

The term casual worker is often used to describe someone who isn’t guaranteed a set or regular number of hours’ work. Instead, they tend to work as and when they’re required to. Sometimes, they’re referred to as ‘zero hour’ workers. Legally, they’re different from employees and have fewer rights.

What rights do casual workers have?

They have fewer rights than employees, but they still have rights to:

• A written contract;
• Be paid at least the national living or minimum wage;
• Paid holiday;
• Payslips;
• Rest breaks at work;
• Protection against being discriminated;
• Protection against being treated badly after blowing the whistle.

What contract should be given to a casual worker?

A casual worker contract is very different to an employment contract or a self-employed contract. It should explain that a set number of hours is not guaranteed but that the worker will be offered hours as and when the need arises. It should also explain what the work will be and what payment will be made for it. It’s important to get the wording right and you should speak to an employment lawyer if you need help with that.

Can a casual worker work for more than one employer?

Yes. If a worker has got a zero-hour contract, their employer can’t stop them from working for another employer as well.

Anything else an employer should bear in mind?

With casual workers, employers should also remember that they’re responsible for:

• The health and safety of the casual worker whilst at work; and
• Paying the wages of the casual worker through their payroll, with usual tax and national insurance contributions deducted.

When can disagreements happen?

If a casual worker (whose contract says they’re not guaranteed regular hours) starts working regular hours over a period of time, they might have a case for arguing that they’ve become entitled to guaranteed hours, much like employees of that employer. An employer should therefore keep an eye on whether the reality of the arrangement between worker and employer matches the written contract in place.

If you need any advice on casual workers or casual worker contracts, please contact a member of our employment law team in confidence here or on 02920 829 100 for a free initial call to see how they can help.