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This document provides for a simple Casual Worker Agreement between a business and a worker for use in Great Britain. In contrast to a employment contract, this document creates an agreement with a casual worker where a business wishes to engage the services of an individual as a worker rather than an employee.
Workers are different to employees. For example:
Whilst a worker is not afforded the same protections as a person who has the status of an employee, they are still entitled to certain rights and there are still certain factors which must be addressed within an agreement with a worker.
This 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 retained EU General Data Protection Regulation 2016/679 (UK GDPR), places obligations upon businesses to provide individuals with specific information regarding the use of their personal information. Workers should be provided with such information in a concise, transparent and easily accessible form, using plain language. A business engaging the services of workers should ensure that these obligations are met by issuing a privacy statement and by holding any other policy documents where appropriate.
Where a worker is aged over 18, it is possible for them to agree with the business that they will work more than 48 hours per week. Ordinarily, under the Working Time Regulations 1998, workers should not work over this amount of hours per work. Where such an agreement has been reached, this should be documented separately to the worker's contract. This best way to achieve this is to create a separate Working Time Regulations Agreement. It should be noted it is not possible for workers under the age of 18 to agree to work more than the limit of 40 hours per week.
How to use this document
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.
Both parties should consider and be aware of issues including, but not limited to, holiday entitlement, 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:
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