1. _________ a company incorporated in England and Wales with registered number _________ whose registered office is located at _________ (the Business, we or us); and
2. _________ of _________ (the Worker or you).
_________ (the "Business") engages casual workers due to fluctuating demand, which makes it difficult to anticipate staffing needs at all times. This letter sets out the terms under which the Business agrees to establish a casual working relationship with you. The start date is _________.
1. This agreement sets out all terms agreed between you and the Business concerning your occasional work for the Business. It is not a contract of employment and does not confer employment rights, except for those applicable to workers. The Business is under no obligation to offer you work, and by signing this agreement, you acknowledge that no guarantee is made regarding the amount or regularity of work or working hours. You will work on a flexible basis, as and when needed. Both you and the Business intend that no mutual obligations exist between you and the Business during periods when you are not engaged in work.
Offering and Performance of Work
2. The Business retains full discretion over whether to offer work to you or to any other individual. There is no obligation on the Business to provide work at any time, nor is it required to give reasons for its decisions.
3. Each assignment of work offered to you is treated as a separate engagement (an "Assignment"), and no ongoing relationship exists between you and the Business between Assignments. The fact that work may be offered on one or more occasions does not grant you any legal entitlement to ongoing or regular work, nor does it create continuity of employment.
4. All work you undertake for the Business will be subject to the terms set out in this letter, unless the Business notifies you otherwise in writing.
5. If the Business wishes to offer you work, it will do so by contacting you via email or telephone. You are under no obligation to accept any offer of work made by the Business at any time.
6. You are welcome to enquire about available work by contacting us via email or telephone.
7. Once you accept an Assignment, the Business will expect you to carry it out in full.
8. If you accept an Assignment, you must inform the Business immediately if you are unable to complete it for any reason. If an Assignment is not completed, you will be paid on an hourly basis for the hours you have worked.
9. If the Business needs to cancel an Assignment, it will provide you with notice as soon as reasonably practicable.
10. The Business reserves the right to end any work you are undertaking at any time due to operational needs.
11. You will be paid for all work completed up to the point at which the Assignment is terminated. If the Business cancels work you had agreed to undertake and fails to inform you before you arrive at the place of work, you will be reimbursed for any reasonable travel expenses already incurred.
12. The Business may from time to time offer you work in the role of _________. If you accept an offer, your duties are expected to include _________. The nature of the work may vary with each Assignment, and you may be asked to perform other tasks as required to support business needs. You will be informed of the specific duties at the start of each Assignment.
13. Before any work can be offered, the Business must review certain original documents to confirm that you have the legal right to work in the UK. Further details will be provided to you by the Business. You confirm that you currently have the right to work in the UK without requiring additional immigration permission, and you agree to notify the Business immediately in writing if your entitlement changes at any time for any reason.
14. You will be paid only for the hours you attend work, as agreed in advance and outlined in clause 2. The current hourly rate for casual workers is £_________ (gross). Payment will be made monthly in arrears, on or around the 1st of each month, directly into your bank account for hours worked during the previous month. The Business will make all legally required deductions from your pay, including pension contributions under the auto-enrolment scheme where applicable. The Business also reserves the right to deduct from your wages, or any other sums due to you, any amount you owe to the Business at any time.
Work Location, Hours and Holiday
15. The Business may offer you work at different locations. You will be informed of the specific place of work prior to the start of each Assignment.
16. Your working hours will vary according to the Business’s needs. You will be informed of the expected hours prior to the commencement of each Assignment.
17. If you are required to work more than six hours in a single day, you will be entitled to a one-hour unpaid lunch break.
18. Your holiday entitlement will be calculated based on the actual hours you work and pro-rated from a full-time entitlement of 28 days per holiday year (inclusive of the standard eight public holidays in England and Wales). The Business’s holiday year runs from 1 January to 1 January.
19. If, at the end of an Assignment, you have taken more holiday than you have accrued, the Business may deduct from any sums owed to you an amount equal to one day's pay for each excess day taken. A day's pay will be calculated based on your average daily hours multiplied by your current hourly rate.
20. If you intend to work more than 48 hours per week, you must complete the Business’s Working Time Opt-Out Letter Agreement to confirm your decision to opt out of the 48-hour weekly limit. If you do not opt out, you will be restricted to working no more than 48 hours per week. You are required to keep the Business informed of any hours worked for third parties, to ensure compliance with this obligation.
21. If you are unable to attend work for any hours you have agreed to, you must notify us no later than 30 minutes before your scheduled start time, explaining the reason for your absence.
22. If you meet the legal qualifying conditions, you will be entitled to receive Statutory Sick Pay (SSP) for any period of illness or injury that falls within agreed working hours. No additional payments will be made by the Business during such periods.
23. The Business will process your personal data and sensitive personal data (“special categories of personal data”) in accordance with its Data Protection Policy and Privacy Notice, which are available upon request or in the Staff Handbook.
24. "Personal data" includes items such as references, personnel records, emails containing personal information, home addresses, and details of contractual benefits.
25. "Sensitive personal data" includes information about:
a. Your health, for the purpose of monitoring sickness absence and making decisions regarding your fitness to work.
b. Your racial or ethnic origin, religion, or similar information, to monitor compliance with equal opportunities legislation.
26. You will comply with your responsabilities under our Data Protection Policy and other relevant policies.
27. Your data will be processed in line with our Data Protection Privacy Notice, specifically for the following purposes:
a. Fulfil our obligations under your contract.
b. Ensure compliance with our legal obligations.
In other instances, we have a legitimate interest in processing your data before, during, and after the conclusion of the business relationship.
28. The Business may transfer personal data and sensitive personal data outside the UK or the European Economic Area (EEA), in line with its Data Protection Privacy Notice.
29. You must not use or disclose any confidential information to any person, either during or after your time working for the Business. "Confidential information" refers to any information or matter not publicly available that concerns the Business or its business contacts. This restriction does not apply to:
a. Prevent you from making a protected disclosure as defined under section 43A of the Employment Rights Act 1996.
b. Use or disclosure that has been authorised by the Business, is required by law, or arises in the proper performance of your duties.
Business Rules and Procedures
30. Throughout each Assignment, you are required to comply at all times with the Business’s rules, policies, and procedures as may be in effect from time to time.
31. All documents, hardware, and software provided to you by the Business, as well as any data or documents (including copies) created, stored, or maintained on the Business’s computer systems or other electronic devices (including mobile phones), remain the property of the Business.
32. All Business property in your possession, including any original or copied documents obtained during the course of your work, must be returned upon request and always at the end of each Assignment.
33. If you no longer wish to be considered for casual work with the Business, you should notify us in writing at the earliest opportunity.
34. The Business reserves the right to terminate this agreement immediately in writing if it reasonably believes that you have committed a serious breach of its terms or an act of gross misconduct. Examples of gross misconduct may include, but are not limited to, dishonesty, theft, physical altercations, misuse of drugs or alcohol, or any other actions or omissions likely to bring the Business into disrepute.
Changing Terms and Conditions
35. The Business reserves the right to update the terms under which it offers casual work by issuing written notice to terminate this contract with immediate effect. At its absolute discretion, the Business may offer you a new casual work contract. If this contract is terminated, you will only be entitled to any outstanding wages and accrued holiday pay, with no further payments due.
36. This contract accurately reflects the intentions, expectations, and all agreed terms between both parties relating to your work with the Business. Any amendments to this contract will only be valid if made in writing and signed by both parties. You confirm that you have read and fully understood this document and have had the opportunity to seek advice where needed.
37. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
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_________ for and on behalf of _________
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Date of signature
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Date of signature