Table of Contents
In Short
- Casual workers offer flexibility for your business and are not part of the permanent workforce.
- Employment status affects rights like notice periods and redundancy pay.
- Use casual workers when your need for services fluctuates, such as during busy periods.
Tips for Businesses
Before hiring casual workers, ensure you understand the differences between casual workers and employees, particularly regarding employment rights. Clearly outline terms in contracts to avoid disputes about their employment status. If you are unsure, consult a legal professional to ensure you are meeting your obligations.
In recent years, casual employment has become an increasingly significant part of the UK’s labour market. This flexible work arrangement offers both opportunities and challenges for employers and workers alike. In this article, we will explore the concept of casual employment, providing insight into the arrangement, legal status and practical implications for you as an employer.
What is a Casual Worker?
A casual worker is a worker who is not part of a business’ permanent workforce or an employee within the business. This arrangement is characterised by flexibility and a lack of guaranteed hours.
What Are the Different Types of Casual Workers?
When most people think about casual workers, they think of zero-hour contracts; however, this is not necessarily the case. Casual workers may include workers who are:
- self-employed;
- freelance;
- short-term; or
- fixed-term.
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Why Does Employment Status Matter?
Casual work is attractive to businesses and individuals alike because of its flexibility. This form of employment differs from other types in various ways. The table below outlines some key differences between employees and casual workers.
| Employees | Casual Workers | |
| Hours | Employees are usually expected to work set hours, such as Monday through Friday, 9 am–5 pm. | Depending on your requirement for their services, workers may only be contracted for a certain number of hours per week. Workers usually have the option to accept or reject work. |
| Provision of Work | You are obligated to provide work for the employee to complete, and the employee must accept this work. | You are not obligated to provide workers with work in the event of a zero-hours contract. If a worker has a minimum- or fixed-hour contract, you must provide work for the contractually agreed-upon hours. |
| Notice Periods | Employees are legally entitled to notice periods when they are terminated, made redundant or resign. The notice periods vary depending on their length of service or employment contract. | Workers do not have the right to statutory notice periods. |
| Termination | You must provide a valid reason for the employee’s termination. This can be based on, for example, conduct, capability or redundancy. | Workers do not have the right to receive a written statement outlining the reason for their dismissal; however, you must give them a fair reason. |
| Wrongful and Unfair Dismissal | Employees can bring an unfair dismissal claim subject to completing two years of service at your business. | Workers do not have the right to claim for unfair dismissal but can claim for breach of contract. |
| Redundancy Pay | Employees who have worked for you for over two years are entitled to statutory redundancy pay. | Workers do not have the right to a statutory redundancy payment. |
When Can I Use Casual Workers?
You may employ casual workers when your need for a particular service fluctuates. For instance, you might hire a blog writer or a marketing assistant on a zero-hour contract as your needs change occasionally. For example, during a promotion, you may need an assistant more frequently than during quieter periods.
Alternatively, your marketing company may hire people on a zero-hour basis to complete assignments on your behalf. For example, if you have large retail clients, you might engage workers to offer sampling to assist with promotions.
Key Takeaways
Casual workers can take several forms, including zero-hour workers and the self-employed. They can be valuable to your business, whether that is on an ad-hoc basis or for a fixed period of time. Casual workers have different employment rights to that of employees, and it is important to consider this before hiring them, so that you best understand your obligations. Ensure that you do not blur the distinction between the different employment statuses. Otherwise, you may find an individual contesting their true employment status and the associated rights should a dispute arise.
If you need help hiring casual workers, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A casual worker is someone who provides services to your business on a flexible or irregular basis without guaranteed hours. They are not part of your permanent workforce and may include zero-hour contract workers, freelancers, or short-term contractors.
You can hire casual workers when your business needs fluctuate, such as during busy periods or specific projects. Depending on your needs, casual workers are often used on a zero-hour or short-term basis.
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