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The term casual workers can include both casual "workers" employed on a contract for services and casual "employees", directly employed on a zero hours contract. Casual staff are often used when workloads are variable, allowing them to be engaged on ‘an as and when required' basis where they are paid only for the hours they work.
As a general rule, casual staff are not guaranteed work and are not obliged to accept work when offered. If you wish to take on casual staff then we would advise that you make clear:
1 - the basis on which they are engaged
2 - the anticipated duration of the engagement
3 - what rights, if any, they will assume if engagement continues
If I take on a casual employee are they entitled to holiday pay?
All workers must have access to statutory rights under the Working Time Regulations 1998. This entitles casual staff to a minimum of 5.6 weeks' holiday, or 28 days/shifts, per annum on a pro-rata basis, which can be calculated over a 13-week period.
It is your duty of care to be showing that all such employees are taking their full allocation of paid holiday, and that health and safety duties in this respect are being met. You can no longer include an amount for holiday pay in the employee’s hourly rate (called 'rolled-up holiday pay').
Are casual employees entitled to Statutory Sick Pay?
Some casual employees will be entitled to SSP, however this will be dependant on each individual case as the average weekly pay will need to be reviewed over a specified period of time. You will therefore need to liase with those responsible for your Company's payroll to obtain the relevant information to determine whether payment will be due.
Do I have to follow the Acas guidelines to dismiss a casual employee who has not worked for over a year?
Technically, yes! As it is still a dismissal you should ideally follow the Acas recommendations. If you would like further advice then please feel free to contact us.
Are casual employees entitled to the same benefits package as our permanent staff?
Casual staff would be covered by the Part-Time Workers legislation, and as such are entitled to receive no less favourable treatment than a comparable full time employee. Entitlement to benefits should therefore be extended on a pro-rata basis, subject to the normal eligibility requirements of your benefits scheme.
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