Casual Worker Agreement - Template, Sample Form Online Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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The parties to this Agreement are advised that signing this document will have legal consequences. Where either party is unsure of, or does not understand, the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek independent legal advice before signing.
CASUAL WORKER AGREEMENT
(the "Agreement")
This Agreement is made on: ________
§ 1. PARTIES
1.1 The Worker:
________, whose address is at:
________
(hereafter "you", "your").
1.2 The Business:
________, a company registered in England and Wales under company number ________, whose registered office / principal place of business is at:
________
(hereafter "us", "our", "we").
§ 2. NATURE OF THE AGREEMENT
2.1 This Agreement records the terms on which we may from time to time engage you to undertake work, and comprises the written statement of particulars required by section 1 of the Employment Rights Act 1996.
2.2 You have the status of a worker within the meaning of section 230(3) of the Employment Rights Act 1996, and not that of an employee.
2.3 This Agreement does not impose any obligation on us to offer you work, nor any obligation on you to accept any work offered. There is no mutuality of obligation between the parties save in respect of work which has been offered and accepted.
§ 3. COMMENCEMENT
3.1 You shall be eligible to be offered, and to accept offers of, work from us with effect from ________ (the "Commencement Date").
3.2 No period of continuous employment is created by this Agreement. Your period of continuous employment for statutory purposes (if any) shall be assessed in accordance with sections 210 to 219 of the Employment Rights Act 1996.
§ 4. YOUR ROLE
4.1 When engaged, you will undertake the following role:
________
4.2 Your duties may vary from time to time, and you may be required to perform such other tasks as may reasonably be required by us to meet the needs of our business.
4.3 You will ordinarily report to: ________.
§ 5. TERM
5.1 This Agreement commences on the Commencement Date and shall continue until ________ (the "Termination Date"), unless terminated earlier in accordance with § 7 below.
§ 6. PROBATIONARY PERIOD
6.1 For the first ________ of the Agreement (the "Probationary Period"):
6.1.1 your performance shall be reviewed by us in order to assess your suitability for continuing work; and
6.1.2 you shall be notified in writing at the conclusion of the Probationary Period of the outcome; and
6.1.3 we reserve the right to extend the Probationary Period by a further period not exceeding ________, where this is reasonably considered necessary to assess your suitability and performance; and
6.1.4 in the event that any such extension is considered necessary, you shall be notified in writing.
§ 7. TERMINATION
7.1 During the Probationary Period, this Agreement may be terminated by either party with immediate effect by serving written notice.
7.2 After the Probationary Period, either party may terminate this Agreement prior to the Termination Date by giving written notice of: ________.
7.3 We may terminate this Agreement in writing with immediate effect, and without notice or payment in lieu of notice, where you have committed an act of gross misconduct, materially breached any of your obligations under this Agreement, or failed to comply with the requisite standards of conduct.
7.4 Nothing in this § 7 affects any right you may have, where you qualify, not to be unfairly dismissed under Part X of the Employment Rights Act 1996.
§ 8. PLACE OF WORK
8.1 Your normal place of work will be at:
________
8.2 You may be required to perform your role at other locations from time to time. You will be notified should this be the case.
§ 9. WORK OUTSIDE THE UNITED KINGDOM
9.1 You may be required to work outside the United Kingdom for a period of more than one month. Any such period shall fall within the following periods:
________
9.2 While working outside the United Kingdom for any such period, you will be paid in: ________.
9.3 Save as set out in this Agreement, you shall not be entitled to any additional remuneration in respect of any such period of work outside the United Kingdom.
9.4 Save as set out in this Agreement, you shall not be entitled to any additional benefits in respect of any such period of work outside the United Kingdom.
9.5 No additional terms or conditions shall apply to your return to the United Kingdom following any such period of work abroad.
§ 10. HOURS OF WORK
10.1 There are no guaranteed hours of work under this Agreement. When engaged, your working hours will normally be:
________
10.2 Where you are offered and accept any additional hours of work, these shall be paid at the following overtime rate:
________
10.3 Your working time shall be subject to the Working Time Regulations 1998. You may agree in writing to opt out of the maximum 48-hour average weekly working limit imposed by regulation 4, and may withdraw such consent at any time on giving the requisite notice.
§ 11. HOLIDAYS
11.1 You are entitled to statutory annual leave equivalent to 5.6 weeks of your average working week, pro-rated to the hours actually worked, in accordance with the Working Time Regulations 1998. Your holiday entitlement accrues as you work.
11.2 The above entitlement is inclusive of bank and public holidays, amounting to 1.6 times your average working week.
11.3 The holiday year runs for one calendar year from the Commencement Date.
11.4 Your annual leave entitlement must, save where the law otherwise permits, be taken in the holiday year in which it accrues.
11.5 Annual leave must be agreed in advance with us. Requests should be made no less than ________ prior to the desired period of leave.
11.6 On termination of this Agreement, you will be paid in lieu of any accrued but untaken statutory holiday entitlement. Where you have taken holiday in excess of your accrued entitlement, the corresponding sum may be deducted from your final payment, and you consent to such deduction for the purposes of section 13 of the Employment Rights Act 1996.
§ 12. ADDITIONAL PAID LEAVE
12.1 Subject to the relevant terms, conditions and statutory requirements, you may be entitled to the following forms of additional paid leave:
________
§ 13. PAY
13.1 You shall be paid by reference to the hours of work actually undertaken by you.
13.2 Your rate of pay shall be £________ (________) per hour, which shall be no less than the applicable National Minimum Wage or National Living Wage under the National Minimum Wage Act 1998.
13.3 You shall be paid in arrears at the following intervals and by the following method: ________.
13.4 Your pay shall be subject to all lawful deductions for income tax and National Insurance contributions. We may also deduct any sums lawfully owed by you to us, in accordance with sections 13 to 27 of the Employment Rights Act 1996.
13.5 You will be provided with an itemised pay statement in accordance with section 8 of the Employment Rights Act 1996.
§ 14. PENSIONS
14.1 We will comply with our automatic enrolment duties under the Pensions Act 2008. Where you do not satisfy the eligibility criteria for automatic enrolment, you may nonetheless be entitled to opt into a pension scheme. The details of the relevant scheme shall be provided to you separately in the form of: ________.
§ 15. SICKNESS AND ABSENCE
15.1 Where you are due to work but are unable to do so by reason of sickness or injury, you must notify us of your absence in the following manner:
________
15.2 You shall be entitled to Statutory Sick Pay (SSP) where you are eligible and satisfy the relevant qualifying conditions under the Social Security Contributions and Benefits Act 1992 and the Statutory Sick Pay (General) Regulations 1982. Your qualifying days for SSP purposes shall be those days on which you are engaged to work, as set out in § 10 above.
§ 16. GRIEVANCES AND CONDUCT
16.1 We operate a code of conduct applicable to your engagement, which may be obtained on request and is located at: ________. We have regard to the Acas Code of Practice on Disciplinary and Grievance Procedures.
16.2 Any appeal regarding a conduct ruling or decision should be made in accordance with the procedures set out in the above document.
16.3 If you have any grievance relating to your work or the workplace, you should raise it as follows:
________
16.4 Where a meeting takes place in relation to any grievance you have raised, you are entitled to be accompanied to such meeting by a companion in accordance with section 10 of the Employment Relations Act 1999.
16.5 Any appeal regarding a grievance ruling or decision should be made in the following manner:
________
§ 17. CONFIDENTIALITY
17.1 During your engagement, you may be provided with, or exposed to, confidential information.
17.2 "Confidential Information" means information which:
17.2.1 is provided to you, directly or indirectly, through your engagement; and
17.2.2 relates to our business and is either marked as confidential or is by its nature treated as confidential; and
17.2.3 is not in the public domain; and
17.2.4 would, if used or disclosed without our authority, be detrimental to our business.
17.3 You must at all times during your engagement maintain the proper security of Confidential Information.
17.5 On the termination of your engagement, or at any time upon our request, you must return to us all documents, records, materials and other property belonging to us which are in your possession or under your control, including any copies of Confidential Information, and you must not retain any copies thereof.
§ 18. DATA PROTECTION
18.1 We will process personal data relating to you in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and our privacy notice, which is located at: ________.
18.2 During your engagement, you are responsible for processing any personal data lawfully and in accordance with applicable data protection legislation. You must comply with the following workplace policies and procedures:
________
§ 19. TRAINING
19.1 Save for any training required by law or for the proper and safe performance of your duties, no training is provided as a requirement of your engagement under this Agreement, and any such training is not paid for by us.
§ 20. ADDITIONAL BENEFITS
20.1 Certain benefits may be made available to you by us during your engagement. The benefits for which you may be eligible are:
________
20.2 Your eligibility for any such benefit is conditional upon your successful completion of the Probationary Period.
20.3 The benefits offered are subject to change, and you will be notified of any such change.
§ 21. COLLECTIVE AGREEMENTS
21.1 The terms and conditions of this Agreement are affected by the following collective agreements made between the parties set out below:
________
21.2 Further details regarding the relevant collective agreements may be obtained from: ________.
§ 22. CONDITIONS
22.1 All offers of work under this Agreement are conditional upon your having, and continuing to hold, the right to work in the United Kingdom, in accordance with the Immigration, Asylum and Nationality Act 2006. You must provide evidence of such right upon request.
§ 23. NOTICES
23.1 Any notice to be given under this Agreement shall be in writing and shall be sent to the relevant party at the address set out in this Agreement, or such other address as may be notified in writing from time to time.
23.2 Any notice shall be deemed to have been duly served if delivered by hand at the time of delivery, or if sent by pre-paid first class post, on the second business day following the date of posting.
§ 24. ENTIRE AGREEMENT
24.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
24.2 No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of both parties.
24.3 If any provision of this Agreement is found by any court or other competent authority to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
24.4 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
§ 25. GOVERNING LAW AND JURISDICTION
25.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
25.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of ________ and the employment tribunals having jurisdiction, in respect of any dispute or claim arising out of or in connection with this Agreement.
AGREED BY THE PARTIES:
__________________________________
Signed for and on behalf of ________
Name: ________
Position: ________
Date: ________
__________________________________
Signed by the Worker: ________
Date: ________
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