How to fulfil a resourcing need - Casual workers

Managers or headteachers must ensure continuous monitoring of their use of casual workers and review hours worked on casual agreements regularly. They must ensure that casual workers are not actually working on a regular part-time basis or that they could be deemed to have become employees through a regular working pattern.

Where a regular / ongoing pattern of work develops and/or where there is an expectation that hours will be offered / should be accepted, it is likely that a Tribunal would consider there to have been a change in the employment relationship regardless of there being a casual worker agreement in place.  The individual could then be deemed to have become an employee with full employment rights.   Therefore Managers/Headteachers will be required to ensure such “drift” does not occur and where the operational need moves from that of a casual worker to a more regularised arrangement then a different resourcing option may be more appropriate, - for example, annualised hours, part-time, fixed term, zero hours.

The engagement of Agency Workers or Consultants must not be considered until all other options have been considered.