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Casual workers
The management of casual workers, their rights and guidance for managers.
Casual workers are workers as opposed to employees. This means that they have a limited set of employment rights.
Casual workers may be offered work as and when there is a need but are under no obligation to accept this - there is no “mutuality of obligation”.
Casual workers are paid only for the work they undertake and are engaged (not employed) on the terms and conditions set out at the end of this document (Cumberland Council casual worker agreement).
Management of casual workers
Managers should ensure that the terms and conditions of casual workers are observed for all casual workers in their area.
Managers are responsible for monitoring the use of casual workers and ensuring that, if the need becomes more regular or changes from purely ‘as and when required’ that consideration is given to the casual worker being engaged on a different type of agreement - for example, fixed term contract or annualised hours contract.
Further information to support decision-making on the most appropriate form of agreement can be found in the “Resourcing Options For Managers” guidance document.
Regularity of hours and work pattern
Casual workers should be used for short-term cover only. Where the work requires regular hours or hours over a longer period of time, it may be more appropriate to engage an employee on a fixed term contract, annualised hours contract or zero hours contract.
Agreement length
Casual worker agreements are issued for a fixed term of one year maximum. The reason for this is to ensure that only casual workers required for assignments remain live ‘on the books’.
Managers must review the use of casual workers in their area prior to expiry of the fixed term. Managers may wish to use a standard end date (for example, 31 March) on which all casual agreements in their area end so that a review of all casual workers and any renewals or change to the type of engagement (for example, move to fixed term part time contract) can be carried out simultaneously.
Terminating or extending an agreement
If there is no need for the casual worker to remain ‘on the books’ at the end of the agreement they should be processed as a leaver in the usual way.
If there is an on-going need for the casual worker to remain engaged to undertake work on an ‘as and when required’ basis, the casual worker should be offered an extension to their casual worker agreement. Any agreement should be extended by informing the HR Portal in the usual way.
If there is an on-going need for the work the casual worker is undertaking which is more than on an ‘as and when required’ basis, it may be more appropriate to agree a fixed term contract, annualised hours contract or zero hours contract. Any change agreed should be actioned via the HR Portal.
It is imperative that any shifts a casual worker is offered and accepts fall within the dates of the casual worker agreement. No shifts outside of the agreement dates should be offered or worked.
If a casual worker unreasonably declines work offered on more than three occasions the agreement will normally be terminated and they should be processed as a leaver in the usual way.
New casual workers
Casual workers should only be engaged via standard recruitment and selection procedures and not via word of mouth.
Word of mouth recruitment may lead to claims of indirect discrimination because not advertising, or only advertising in a very limited way, may stop people with a particular protected characteristic finding out about a job, which could count as detrimental treatment.