Manager Guidance and Process Note – Casual Workers
Introduction
Casual workers provide a flexible, cost effective way for the University to fulfil certain kinds of work (such as Student Ambassador) where the need is not constant, for example where the work is variable / seasonal or where it is impossible to predict demand due to external factors.
It is important that the University uses casual workers in an appropriate way, in order to retain the benefits of this kind of relationship and prevent such workers from inadvertently becoming employees.
This guidance note provides advice for managers on when and how to employ “casual workers”, and advice on how to prevent them from becoming employees. It also includes the following documents that form part of the process;
Appendix A - Engaging Casual Worker Process.
Appendix B - Assignment Schedule
Appendix C – Casual Worker Contract (for reference purposes only)
When to use casual workers
A casual worker contract is appropriate when –
· The need for the work to be done is not constant
· Flexibility is needed
· Workers work infrequently with large gaps in between work
· You need to engage workers to deal with unexpected, irregular or infrequent work
· You do not expect or need a long term, regular relationship to develop
· You do not want to be under an obligation to offer work
· There will be no obligation on the worker to accept the work
· There is no guarantee of work
A casual worker contract is not appropriate when –
· Work is expected to be regular (even if the hours vary) and/or in short succession.
· You require the worker to accept the work when it is offered
· You expect or need a long term relationship to develop
· The task undertaken is likely to be repeated on a series of occasions over a period
· There is an expectation of continuing work
· A series of engagements is likely to be needed
· Work is guaranteed
· Teaching is required – due to automatic entry to the Teachers Pension Scheme
The legal position
It is important that an individual’s employment status is determined before they undertake any work for the University as this will determine their legal rights and protections and the obligations the University owes them.
It is the University’s intention that the casual workers will be neither employed nor self-employed, but will be “workers” engaged on an as and when required basis. However, the label the University uses is not definitive – it is the substance of the arrangement that is important.
Legally, there are a number of key factors in determining whether an employment relationship exists including whether the individual has to do the work themselves and how much control the University has over how the work is done. A key issue is “mutuality of obligation”, where there is both an obligation on the employer to provide work and an obligation on the individual to accept it. If individuals are regularly offered work, which they accept, this could impact on their status as a “worker” and it is likely that an employment relationship (and the benefits associated with it e.g. redundancy, SMP, notice etc) will exist.
Arrangements should therefore be continually reviewed to assess whether the casual worker’s status may be changing. The term “casual worker” can suggest an informal relationship but the status of a casual worker can change over time, for example, if their working arrangements develop a regular pattern.
The University’s contract
The casual worker contract is drafted so that its terms will apply to each assignment/engagement of the worker. It will be necessary for the casual workers to sign the contract when they are added to the University’s register of casual workers. It will not be necessary to issue a new contract every time work is offered and accepted; instead, a Casual Worker Assignment Schedule must be issued each time work is offered. The Schedule must detail the work, the place the work is to be performed and the hours to be paid in return for the work on a particular assignment.
There will be no “mutuality of obligation” between the University and the casual workers. Once work is offered by the University, the casual worker will have the option of accepting the offered work, but will be under no obligation to do so.
Equally, there will be no obligation on the University to offer any work and certainly no guarantee that any work will be provided.
Appendix A Casual Worker Process
Manager identifies the need for Casual Worker and reads Casual Worker Guidance
Manager engages with prospective Casual Worker, undertaking any relevant selection.
Manager ensures Casual Worker completes a personal details form, equal opportunities form, health screening declaration and provides proof of eligibility to work in the UK to line manager
This should be forwarded by line manager to HR PRIOR to the beginning of an assignment (health declaration should be sent directly to Sue Wynn – OHA)).
HR then create contract and send it to Casual Worker. Eligibility, personal details form, equal opportunities form and contract retained by HR.
HR add Casual Worker details to CHRIS 21.
Faculty or Service to keep register of Casual Workers to contact for work.
Manager contacts casual worker for work and issues the assignment schedule (see appendix B). Copy of assignment schedule to be retained by Faculty or Service for legal/audit purposes
Manager ensures upon completion of assignment an authorised occasional/ casual worker timesheet, available on the Payroll Website, is submitted to the payroll dept. A % for holiday pay will be paid in addition to the agreed hourly rate – the % is based on statutory holiday entitlement only (no closure days included). This % should never be included in the rate of pay.
Appendix B Casual Worker Assignment Schedule
Date of Issue
Assignment Title and Brief Description of Duties
Hourly Rate of Pay
Assignment Manager
Start and End Date of Assignment
Hours and Days of work for the Assignment
Assignment Location
Unpaid breaks will be given in line with Working Time Regulations.
The above assignment is subject to the terms and conditions of engagement as set out in your Contract for Work dated …………………………. (“the Contract for Work”).
Signed …………………………………………………………………..
For and on behalf of THE UNIVERSITY
Date ……………………………………………………………………..
I have read, understood and accept the above Assignment on the terms and conditions referred to above and in the Contract for Work:
Signed ……………………………………………………………………
Casual Worker
Date ………………………………………………………………………
Appendix C Worker Contract – For info purposes only
Contract for Work
Between University of Sunderland, Edinburgh Building, Chester Road, Sunderland SR1 3SD. Thereinafter referred to as The University.
And
Name and Address of Casual Worker………………………………………………….
Casual Worker
This contract governs your engagement from time to time by The University as a casual worker.
University Register
· Your name is held on a register of casual workers of The University.
· You receive no payment whatsoever for placement on the register but while your name is on the register you will be eligible to be requested to undertake prescribed duties for The University. There is no guarantee that you will receive any such requests, and the frequency of any such requests, and the duration of the duties available, will fluctuate according to the requirements of The University from time to time.
· Your inclusion on The University’s register of casual workers is conditional upon:
· confirmation of your identity and eligibility to legally work in the United Kingdom
· receipt of one satisfactory written reference (which should be from a current/recent employer / place of study or similar)
· You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify The University immediately if you cease to be legally entitled to work in the UK at any time.
Engagement and status
· Any request by the The University to you will be upon the terms and conditions contained in this Agreement and the Casual Worker Assignment Schedule.
· Each offer of work by The University which you accept will be treated as an entirely separate and severable engagement (an Assignment).
· The terms of this contract will apply to each Assignment but there will be no relationship between the parties after the end of one Assignment and before the start of any subsequent Assignment.
· The fact that The University has offered or offers you work more than once will not confer any legal rights on you and in particular should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.
· It is entirely at The University’s discretion whether to offer you work and The University is under no obligation to provide you with work at any time. The University reserves the right to give or not to give work to any person at any time and is under no obligation to give any reasons for such decisions.
· This is not an employment contract and neither your placement on the register nor any Assignment confers any employment rights on you whatsoever. You will not be an employee of the University by virtue of being placed on the University’s register or by undertaking any Assignment.
· There is no obligation on The University to request that you undertake any Assignment and there is no obligation on you to accept any such request (even if offered). There will be no mutuality of obligation between the parties.
· If you do accept an Assignment your engagement will begin on the date the Assignment starts and will come to an end automatically at the end of the Assignment without the need for further notice by either party.
Casual Worker Assignment Schedule
· Your duties, place of work, and nature and hours of work for each Assignment shall be in accordance with the Casual Worker Assignment Schedule issued by The University when the casual work is offered to you, which is not to be regarded as exclusive or exhaustive. You may be asked by the member of The University staff responsible for managing the Assignment (the Assignment Manager) to carry out other or supplemental work connected with the Assignment without an additional Assignment Schedule being provided if necessary to meet The University’s business needs. The work offered may be at various locations.
· You are under no obligation to accept any work offered by The University at any time. However, if you accept an Assignment you must inform The University immediately if you will be unable to complete it for any reason.
Pay
· Casual workers receive payment for actual hours worked. Your hourly rate of pay will be confirmed within the Casual Worker Assignment Schedule issued when the casual work is offered. Tax and national insurance contributions will be deducted as appropriate. Your hourly rate (excluding holiday pay) will be no less than National Minimum Wage.
· To receive payment for the hours worked you must complete an occasional / casual worker claim form (which must be authorised by the Assignment Manager) and submit this to the payroll department prior to the payroll cut off date.
· Payments will normally be made on a monthly basis (in arrears) by bank transfer on or around the 22nd of each month for the hours worked in the previous month. When the 22nd of the month falls on a Saturday, Sunday or Public Holiday, you will be paid on or around the preceding working day.
Annual Leave
· Your paid holiday entitlement will depend on the number of hours that you actually work and be pro-rated on the basis of a full-time entitlement of 5.6 weeks’ holiday during each full holiday year.
· This entitlement is inclusive of all bank holiday entitlements (in England and Wales), for which no additional payment is therefore due.
· The University’s holiday year runs between 1st September and 31st August.
· At the end of each Assignment The University will pay you in lieu of any accrued but untaken holiday for the holiday year in which the Assignment ends.
· If you have taken more holiday than your accrued entitlement at the date that your Assignment ends The University will be entitled to deduct from any payment to you one day’s pay for each excess holiday day.
Absence during Assignment
· You should not accept an Assignment if you know you will be unable to work all or any of the hours offered because of sickness or injury.
· If you have been offered and accepted a casual work Assignment and you are unable to work the hours agreed through illness or for any other reason you must inform the Assignment Manager as soon as practically possible on or before your first day of absence and each day thereafter.
· You will not be entitled to receive any pay in respect of any period of sickness or injury during an Assignment.
Deductions
· If at any time you owe The University money, it may be deducted from any amounts due to you. This includes but is not limited to overpayment of wages, a day’s or part day’s pay for each day or part day of unauthorised absence, and any loan made by The University to you.
Data Protection
· You acknowledge that The University will hold and process (manually and electronically) the information contained within this statement on your personal file and any other data that we collect about you in the course of The University’s relationship with you for the purposes of the administration and management of The University’s staff and business and for compliance with applicable laws, procedures and regulations and you give your express consent to this. You are entitled to access your personnel file and other information, which The University holds, about you pursuant to your engagement hereunder (whether in computerised or manual record form) subject to certain restrictions imposed by law.