Employment contracts for casual staff

Hello there. I am Gemma, your legal assistant here at Lawyer Destroyer. The short answer is yes, you do need to provide written documentation for your casual staff.

Legal position:
In England and Wales, the law changed in April 2020 so that anyone who works for you, whether they are a permanent employee or a casual "worker", has a legal right to receive a written document setting out their main working terms. You must provide this on or before their very first day of work, which is why it is often called a day one right.

Even if you only use someone for a few hours here and there, or on a zero-hours arrangement, they almost certainly count as a worker under employment law. While you do not necessarily need a fifty-page contract, they absolutely must receive what the law calls a Written Statement of Employment Particulars.

What the document must include:
The law states that this written statement has to cover specific ground. It must clearly outline your business name, the worker's name, pay rates and when they will be paid, working hours, holiday entitlement, sick pay arrangements, and any minimum notice periods.

Crucially for casual staff, the document must be very clear about how their working days or hours will be determined. If you are using a zero-hours arrangement where you do not guarantee them any work, and they do not have to accept any work you offer, the document needs to state this clearly.

Why it makes sense practically:
Relying on verbal agreements or a quick handshake with casual staff is risky and often leads to simple misunderstandings later on. Having a clear written document from the start protects your business. It prevents messy arguments over exactly how much they should be paid, how their holiday pay is calculated, and what happens if either of you wants to end the arrangement. A good, clear contract manages expectations from the outset.

Practical next steps:

1. Think about how they will actually work. If they can turn down shifts without penalty and you do not promise them minimum hours, they are likely a casual worker. This means a zero-hours contract or a casual worker agreement is usually the best fit.

2. Draft the agreement. Make sure it contains all the mandatory legal information like pay, holiday, and hours. You can often include the mandatory Written Statement of Employment Particulars inside your standard casual contract so everything is in one place.

3. Provide the document on time. You must give this to your new casual staff member on or before their first day of work to stay on the right side of the law.

4. Keep a signed copy. Always ask the worker to sign and date a copy of the agreement and return it to you. Keep this on your files so you have clear evidence that they read and agreed to the terms.

Please let me know if you would like me to explain any of these steps in more detail or if you have questions about what else needs to go into the contract.