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This document provides for a simple Casual Worker Agreement between a business and a worker. Crucially, this document allows a business to offer a worker hours of work which the worker is allowed to decline. The business will have no obligation to offer or provide the worker with a minimum amount of hours of work. This is also known as a Zero Hours Contract. It can be adjusted to account for a wide range of circumstances and allows the relationship between the business and the worker to be terminated with or without notice. The crucial differences between this document and a standard employment contract are:
The document will provide the worker with all the information they need to understand their entitlement to pay, holiday and benefits, and clearly details other key issues such as hours and place of work, how offers of work will be communicated and if there is a time limit on how long the worker will have to accept the work. The document also provides the business with a disciplinary and grievance procedure where it is required and the relevant form for the worker to be exempt from the Working Time Regulations where it is necessary for them to work more than 40 hours per week.
How the document is to be used
Two copies of the document should be provided to the worker and the business to read and understand. When both parties are happy with the contents of the agreement, they should sign both copies, returning one copy to the other party and keeping the other copy for their own records. When the document is signed and returned, or shortly thereafter, the worker should also be provided with any documents regarding overtime, disciplinary, grievance and/or sickness policies, and any documents relating to other benefits.
Any Applicable Law
Both parties should consider and be aware of issues including, but not limited to, holiday entitlement, continuous periods of employment, the national minimum wage, the working time directive, statutory sick pay, automatic pensions enrolment, dismissal and discrimination law, although not all of these issues are required to be addressed or considered within the contract.
Key legal provisions include, the Employment Rights Act 1996 (as amended), the Working Time Regulations 1998, the Pensions Act 2008, the Income Tax (Earnings and Pensions) Act 2003 and the National Minimum Wage Act 1998.
General Data Protection Regulation and the Data Protection Act 2018
In addition employers should be aware of the ACAS codes of practice.
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