Contract - casual worker

This casual worker contract is suitable for a casual or zero hours worker and is likely to be most suitable if your staffing needs fluctuate, for example if you have a business model that requires a bank of staff that you can call on as needed, without having to pay them if you have no work. The contract includes all the information that you are legally obliged to provide to your casual worker in writing about their terms of engagement, and is fully customisable to your individual requirements. It also includes a number of standard protections for your business, for example to guard your confidential information and ensure any intellectual property created by the casual worker belongs to the company.
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Data protection policy

A data protection policy is an internal document providing a framework for how your organisation will comply with its data protection obligations when handling personal data. This includes what expectations you have of your staff when they are processing personal data on your behalf and how different legal obligations should be complied with. It might also be referred to as a data security policy, a data protection statement or a staff data protection policy. Whenever your business processes personal data, you are under strict legal requirements to put in place appropriate measures to ensure that your processing is compliant with data protection law at all times. This template will help you to set out what obligations your staff are under when they are processing any personal data for your business. This policy could form part of your staff handbook or it could be provided as a standalone policy. If you’re looking to produce an entire staff handbook, use our template staff handbook instead. Alternatively you can purchase this policy as part of the Data protection policy toolkit or the Remote working and cybersecurity toolkit .
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Staff handbook and HR policies
Staff handbook
Q1:Do I need a staff handbook?

It is not essential that you have a . However, as there are certain policies that you must give your by law (eg disciplinary and policies and health and safety policies), it is best practice to provide your with a handbook that covers them, together with any other operational policies and procedures that you want. For further information on the policies and rules that could benefit your business, see Q&A 8 and the template Staff handbook and policies which you can adapt and use.

It is good practice to require a new member to sign a statement when they join to confirm that they have read and agree to abide by the policies and procedures set out in the (this optional approach is provided for in the template Offer letter).


Q2:What should be included in my staff handbook?

It is not a legal obligation to have a and there are no hard and fast rules about what to put in it. The template Staff handbook and policies gives you an example, which you can adapt to suit your needs.

Bear in mind the following:

  1. You must give your and at least the legal minimum allowances in relation to certain areas like , holiday leave and pay or maternity/ and pay. You may choose to offer more than the legal minimums, eg paying even if a member is only off for one or two days. You can use your to make clear what these legal entitlements are and what procedure members must follow if they wish to exercise these rights. As well as this, you can use your handbook to set out any additional benefits that you may choose to offer your eg travel card loans for commuters.

  2. Providing with a handbook can also help set expectations for what behaviour is acceptable and desirable across your business. For example, you can include an anti- or anti-bullying policy and clearly set out your business's values.

  3. You can also use your handbook to ensure your are aware of both their and your legal obligations. For example, you can set out your obligations in relation to health and safety and .

See Q&A 8 for information about specific policies to put in place.

Bear in mind that it will not be appropriate to apply some of your HR policies and procedures to other than (eg ). For more information see Q&A 3 below.


Q3:Which of my staff should my handbook apply to?

Your should typically apply in full to your .

Some of the policies and procedures in your should also apply to members other than (eg and ), but it will usually not be appropriate for your entire handbook to apply to these .

This is because non- are not entitled to the same legal rights and protections as , and if you treat them in the same way, you run the risk that they will claim status and its associated rights. One of the ways to avoid this is to avoid using policies and procedures you use for – such as and disciplinary procedures or discretionary leave policies – with your other members (see Casual workers (including zero-hours workers) for more information).

You should therefore consider each policy carefully when you are putting together your handbook and make it explicitly clear which policies are only applicable to your .

Our template Staff handbook and policies is drafted on the basis that the following HR policies and procedures will apply to only:

  1. Disciplinary and capability policy and procedure;

  2. policy and procedure;

  3. policy;

  4. policy;

  5. Time off for jury service and public duties;

  6. Time off for dependants;

  7. policy; and

  8. Maternity, paternity, adoption and policies.


Q4:How often do I need to update my staff handbook?

Whatever rules and policies you choose to include in your , make sure that you schedule regular reviews to keep your handbook updated to reflect current law. You must also ensure that the issue date is clearly shown on the handbook. See Staff handbook and policies for an example of how to do this. This is in case there is ever a debate about which version of the was valid on a certain date.

See Q&A 5 for more information about changing policies in your .


Q6:Is my staff handbook contractual?

This depends on the wording in your and employment contracts, and how you behave in practice. See Staff handbook and policies for a template .

Where your member's employment contract refers to the for more detail in relation to particular matters, what is said in the handbook on those matters may then become part of the contract. This is most likely to be the case with provisions that relate to rights and benefits (eg and ); if you have stated that you will apply a particular process or follow a particular formula when providing a benefit, this may well be contractual. A policy that is more general and perhaps provides a framework for managers, such as an equality policy, is less likely to be contractual.

Note that even if there is no specific reference to provisions of the in your employment contracts, the handbook itself may create contractual obligations between you and your member. Again, this is most likely in the context of particular rights and benefits which are clearly specified within the handbook and which the is likely to rely on.

If the handbook forms part of the contract, you usually can't change its terms without consulting your ; see Q&A 5 for more information.

If the change you want to make to a policy is likely to have a significant impact on your , and you are unsure whether it's contractual or not, you should consider taking legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.


Q7:How can I avoid my staff handbook becoming contractual?

If you do not want your handbook to become contractual, it is best practice to make it clear, in unambiguous terms, in the handbook itself that it does not form part of members' contracts unless stated otherwise, and that you may need to amend the policies contained within it from time to time. The template Staff handbook and policies contains wording to this effect.

In addition, you should be careful about incorporating references to the handbook within your members' employment contracts; you should also make sure that you apply any discretionary non-contractual policies on a discretionary, and not a universal, basis.


HR policies
Q8:What HR policies should I put in place before taking on staff?

The following are policies that are either legally required or strongly recommended for the smooth running of your business. These policies should be applicable to all members aside from self-employed :

  1. policy and (see Data protection obligations);

  2. Health and safety policy (see Health and safety policy);

  3. Sickness absence policy (see Q&A 10);

  4. policy (see Q&A 11);

  5. Equal opportunities policy (see Q&A 14);

  6. Anti-bribery and corruption policy (see Q&A 15);

  7. policy (see Q&A 12);

  8. Bullying and policy (see Q&A 12); and

  9. Dress code (see Q&A 20).

The following policies are either legally required or strongly recommended if you have members who are :

  1. procedures (including separate bullying and and policies) (see Q&A 12);

  2. Disciplinary policy (see Q&A 13);

  3. Family related leave and policies (see Q&A 16, Q&A 17 and Q&A 18); and

  4. Jury service and other public duties policies (see Q&A 19).

There are other HR policies that may be relevant to your business's activities, for example an IT and communications policy if your members use your business's IT and/or communications systems or a working from home policy if any of your work remotely. Further guidance about relevant policies and templates you can use are provided throughout our content or you can choose to include them in your bespoke by using our template Staff handbook and policies.

It is best practice to set out all your HR policies and procedures in your . See Staff handbook and policies for a template, which includes all of the information and policies that you may wish to include (with an option to include all or some of them).


Q9:What HR policies am I legally required to have in place?

Whenever you take on any new members (aside from self-employed ), you must ensure that you comply with legal obligations. To comply, you should put in place a policy and provide certain privacy information to your , which is typically done via a ; see Records and staff data for more information about how and when you can use about your . For template policies, see Data protection policy and Staff privacy notice or create them as part of an entire using our template Staff handbook and policies.

If you take on any new members who are , you are also legally required to put the following policies and procedures in place and give details to your :

  1. A written statement of your general health and safety policy, if you have five or more ; see Writing a health and safety policy for more information.

  2. and disciplinary procedures; see Q&A 12 and Q&A 13.

You are legally required to provide and with details about and leave and annual pay and leave in their contracts, and many will supplement this information with policies on these matters set out in their handbooks (see Q&A 10 and Q&A 11).

Staff handbook and policies includes example policies to deal with all of the above.

Additional policies are optional but, in many cases, recommended for the smooth running of your business; see Q&A 8.


Q10:What should my sickness absence policy say?

If you have who are or , you are required to set out details of their and leave entitlements in their . In addition, you should have a sickness absence policy in place which deals with your procedures for dealing with sickness absence in more detail, for all who are entitled to it (this includes ). This will help to ensure that sickness absences are dealt with fairly and consistently across your work force.

In particular, you should give consideration to:

  1. how you want your to notify you when they are sick;

  2. whether you want to offer any enhanced over the minimum (which is very low);

  3. what absence levels and subsequent review process will trigger the beginning of a formal disciplinary procedure; and

  4. what your policy will be regarding taking time off to attend medical appointments.

You may also want to have a method of recording sickness absence and can consider investing in HR software to help you keep track of absences.

When setting your policy, remember that if someone is absent from work due to a , you must make any reasonable adjustments to help that member remain at or return to work before imposing any penalty under your sickness absence policy. Reasonable adjustments could include agreeing to change the member’s hours so they can reach work more easily or having a higher trigger point for days absent before you review whether or not to take formal disciplinary action.

The Staff handbook and policies sets out a sickness absence policy that you can adapt to meet your needs, as well as a basic policy to cover time off for medical appointments. You can choose to generate the policy either on its own or as part of a full . Further information regarding sickness absence (including minimal legal entitlements) can be found in Sickness absence.


Q11:What should my annual leave policy say?

If you have who are or , you are required to set out details of their and pay entitlement in their contracts. In addition, you should have a holiday policy in place which deals with your procedures for dealing with holiday in more detail, for all who are entitled to it (this includes ). This will help to ensure that holiday requests are dealt with fairly and consistently across your work force.

The Staff handbook and policies sets out a very basic policy that refers the reader to their for their full rights. You can choose to generate the policy either on its own or as part of a full . Further information regarding (including minimum legal entitlements) can be found in Dealing with annual leave. It will help you to consider in advance your own operational requirements in relation to the following matters:

  1. when your will start and end (this is at your discretion, but most businesses opt for the calendar year or their financial year);

  2. whether you need to require to take at certain times (such as over the Christmas and New Year period); and

  3. whether you will allow to carry over holiday from one year to the next.


Q12:What should my grievance, whistleblowing and bullying and harassment policies say?

You are legally required to provide your and with details of your procedure that will apply to them. This will include who a should be reported to, what process will be followed and the right to appeal a finding. You need to decide who in your business will deal with matters if they come up and who will deal with any appeal. It is recommended that you only subject your to your formal procedure to the extent that it is appropriate to do so (eg in relation to claims) as it can lead to an implication that they are in fact your rather than . You could consider instead referring to an informal procedure in their contract, reserving the right to apply your formal procedures where appropriate. Our template Contract - casual worker contains wording to this effect.

In addition, it is good practice to have separate policies to work alongside your general procedure in relation to:

  1. . Your policy should include details of what types of issue you expect to be reported, who a member should contact in the first instance and how the matter will be dealt with thereafter.

  2. Bullying and . If you fail to protect your from (from other members, customers or anyone else) in the course of their employment, your business could face a legal claim from them for compensation. The recommends that have a separate policy on bullying and .

  3. Sexual . have a duty to prevent sexual . To comply with this duty, you should have effective and well-communicated policies and practices which to prevent and victimisation. The policies should be regularly monitored and reviewed. You should have separate policies for sexual and other forms of or have one policy that clearly distinguishes between the different forms of . You must also carry out a sexual . See our Sexual harassment risk assessment for a template you can use. For more information, see Grievances and disciplinary procedure.

Policies you can use, which include the relevant points, can be found in Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full .

Further information about how to handle general , complaints and complaints about bullying and can be found in Handling grievances.


Q13:What should my disciplinary policy say?

You are legally required to provide your and with details of your disciplinary procedures. Your disciplinary policy will usually include details about the process involved in investigating and handling a disciplinary matter, as well as examples of the types of behaviour or conduct that will lead to disciplinary action. You need to decide who in your business will deal with disciplinary matters if they come up and who will deal with any appeal. It is recommended that you only subject your to your formal disciplinary procedure to the extent that it is appropriate to do so as it can lead to an implication that they are in fact your rather than . You could consider instead referring to an informal disciplinary procedure in their contract. Our template Contract - casual worker contains wording to this effect.

It is a good idea to have a separate policy to deal specifically with smoking, drugs and alcohol.

Policies you can use, which include the relevant points, can be found in Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full .

Further information about how to handle disciplinary matters can be found in Taking disciplinary action.


Q14:What should my equal opportunities policy say?

You are under an obligation not to against, harass or victimise members on the basis of their age, sex, race, , gender reassignment, sexual orientation, marital status, pregnancy, or religion or belief. The obligation also extends to how your treat your clients or customers, so you should ensure that your members know how to behave accordingly.

The best way to achieve both these aims is to have a good equal opportunities and anti-bullying and policy before you take any on, and to provide your with training on their obligations once they arrive. If you have a policy, you must abide by it. Do not promise anything in your policy that you will not or cannot deliver as this your case if ever a claim is brought and it can be shown that you have not followed your own procedure .

See the template Staff handbook and policies for an example of an equal opportunities policy you can use. You can choose to generate the policy either on its own or as part of a full .


Q15:What should my anti-bribery and corruption policy say?

While you are not obliged by law to have an anti-bribery and corruption policy, it is sensible to have adequate procedures in place to prevent your from taking part in corrupt practices. There is a general policy in the template Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full . Note that it does not cover any tax evasion issues. If this is a risk within your business, you should take legal advice on what steps you need to take to protect your business. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Involvement in bribery and corruption is a criminal offence. Your business could face an unlimited fine and individuals could be imprisoned for up to 10 years if found guilty. In particular, it is an offence if you:

  1. offer, promise or give a bribe;

  2. request, agree to, or accept a bribe;

  3. bribe a foreign public official to obtain or retain a business advantage;

  4. as a commercial organisation, fail to prevent bribery by any of your members.

Note that bribery covers more than just cash payments. It includes the offering non-financial advantages too, promised or given as an inducement to, or reward for, carrying out improper activities or functions.


Q16:What should my maternity, paternity, adoption and shared parental leave policies say?

You should ensure that written information about the rights and policies applicable to new and expectant parents is available to those members, so that the various rights and obligations are clear. You should include information about rights to time off work for antenatal or pre-adoption appointments, the rules about leave and pay during the child's first year and rights upon returning to work. Your policies should include information about whether you will offer the minimum rights required by law, or more than this.

Bear in mind that you must provide all and with details about any paid leave they are entitled to, which may include paternity, paternity, adoption or pay, on or before their first day of work. It is best practice to include a reference to this in their contracts but include the details in a separate document (eg a ) to avoid the risk of turning non-contractual benefits into contractual ones. See Employment contracts and Contracts for casual workers for further guidance.

See the template Staff handbook and policies for example policies you can use. You can choose to generate the policy either on its own or as part of a full .

For information about maternity and adoption, see Pregnancy, maternity and adoption and for information about paternity and , see Paternity and shared parental leave.


Q17:What should my flexible working policy say?

recommends putting in place a policy as best practice to ensure that you handle requests consistently and to ensure that you are transparent with your about how you will deal with them. It recommends putting in place a separate, specific home working policy (if you have or will have home ) setting out how you will manage home and ensuring that you do so in a consistent fashion.

See Flexible working policy for a template policy and Working from home policy for a separate working from home policy. You can choose to generate these policies either on their own or as part of a full using Staff handbook and policies. You should review your policy on a regular basis (eg every 12 months) to ensure that it is working effectively for both you and your .

For more information about , see Staff flexible working.


Q18:What should my policies to deal with caring responsibilities and compassionate leave say?

are entitled to time off work to deal with emergencies involving their dependants and to put in place arrangements following the death of a dependant. Parents of babies who require neonatal care and all parents of children under eighteen have the right to time off work to look after them.

It is a good idea to put policies in place to explain how these rights (and any additional rights you choose to offer on top of the legal minimums) work, including the circumstances in which they apply and how to request them.

Template policies (Time off for dependants, and ) can be found in Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full . Further information can be found in Time off for appointments, caring and public duties.


Q19:What should my policy to deal with jury service and public duties say?

have the right to take time off to undertake jury service and certain other types of public duty. They do not have the right to be paid, although some businesses choose to do so.

It is a good idea to put a policy in place explaining how these rights work, what process to follow if need to access them and whether or not you will pay them for this type of time off.

A template policy (Time off for jury service and public duties) can be found in Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full . Further information can be found in Time off for jury service, public duties and trade union activities.


Q20:What should my dress-code policy say?

If you want to impose a dress code on your workforce, your is a sensible place to set out what it will be. While you are largely free to set your dress code as you wish, be mindful of the potential to against certain groups through the imposition of a dress code. For example, a requirement that all refrain from wearing visible jewellery could against someone who is required to do so as part of their faith. Bear in mind that whilst it will not necessarily be discriminatory to impose different dress code requirements on male and female , the standards of dress code should nonetheless be equivalent (for example, a requirement that men wear a shirt and tie may be discriminatory if women are permitted to wear casual attire). You must also ensure that any dress code policy is applied consistently across your workforce.

A template policy can be found in Staff handbook and policies. You can choose to generate the policy either on its own or as part of a full .