Casual workers, whilst not enjoying as many employment rights as "employees" are entitled to some employment rights, such as paid annual leave, the national minimum wage and the right not to be unlawfully discriminated against.
Added to this are the difficulties of defining exactly what is meant by a casual worker. For example if a person is expected to attend work on certain days to do a job, even if it is on a short term basis, the work is unlikely to be casual. Common misconceptions like these could leave you vulnerable of litigation.
Engaging Casual Workers
Ending a Casual Workers Agreement
As a Casual Worker is not an employee, there is no legal requirement to follow the formal dismissal procedure however it is good practice to advise the individual that the school will be ending the agreement. It is important to note that this is only appropriate if the individual is a genuine Casual Worker in that they have not been undertaking regular work where there is an expectation to attend school on certain days to do a job. If you are in any doubt please contact your HR Advisory provider before proceeding any further.
In order to comply with Data Protection legislation, it is important that PACT HR does not retain personal data on individuals who are no longer working. As such we consistently review where Casual Workers have not undertaken work in a school for a significant period of time and will contact your school to confirm if that individual is still being engaged. If your school has taken the decision to cease engaging a Casual Worker you can complete a leaver form and submit it through the School Support Online system.