How to fulfil a resourcing need - Resourcing options

The “best fit” option will vary dependent on a number of factors, which include the following:

• the operational requirements of the service in terms of what types of work patterns etc are required and can be accommodated
• the urgency of the need
• whether the need is on a permanent or fixed term basis
• whether the need is for a short-term ad hoc assignment(s)
• whether there is any regularity to the hours of work

Zero Hours contracts and Casual Worker Agreements can only be made on a fixed term basis and cannot exceed 1 year in length.

All other options (ie with the exception of Zero Hours contracts and Casual Worker Agreements), could be made on a fixed term basis.  They would normally be expected to be maximum one year in duration, but could be longer depending on service need and where this can be objectively justified.  In all events they must never exceed four years, including extensions.  Where the fixed term need is filled by an internal transfer the employee’s substantive position will be preserved.  Managers/Headteachers must be mindful of the relevant “knock-on” effects where further fixed term arrangements are made to facilitate this.  Additional guidance regarding fixed term appointments is provided here.

Annualised hours contracts should be made on a fixed term basis in the first instance (max one year in length) and, following subsequent review, could be confirmed as permanent where appropriate and where this best meets business need.

Where regular patterns of work or an expectation of work become established on Zero Hours contracts or Casual Worker Agreements Managers/Headteachers must review the arrangement immediately and consider whether an alternative arrangement is more appropriate.  Managers/Headteachers must consider the “reality” of the arrangements.

“Regular patterns of work” can include where hours are worked on a regular basis over a period of time (weeks / months), but not necessarily in every week, and may include where hours are worked at specific times every year, eg seasonal work.  Managers or headteachers should be mindful that where hours are worked on a regular basis a contract of employment could be implied based on the working pattern regardless of whether a written contract of employment has been provided; including in the case of casual workers.