I'm involved with an organisation that stages a few events each year at which 'casual workers' are taken on to help with the running of the event. They are typically paid an agreed fixed fee (I say agreed, it's actually stipulated by us) for their help.
Two issues have been raised:
- What is their legal 'employment' status? We have no written contract, they are generally students or have other occupations. This job is usually a one-off, not of a kind they do at any other time. We stipulate the fee and the hours of work. Ages range from 18 to 30.
- Does the NMW apply?
Happy to give any other info as needed, just ask.
Thanks
Got a credit card? use our Credit Card & Finance Calculators
Thanks to eyeball08,Wondergirly,bofh,johnstevens77,Bhoddhisatva, for Donating to support the site
Casual Workers...
-
- 2 Lemon pips
- Posts: 145
- Joined: November 8th, 2016, 8:32 am
- Has thanked: 24 times
- Been thanked: 38 times
-
- Lemon Quarter
- Posts: 1007
- Joined: November 8th, 2016, 2:20 am
- Has thanked: 130 times
- Been thanked: 196 times
Re: Casual Workers...
RedSnapper wrote:I'm involved with an organisation that stages a few events each year at which 'casual workers' are taken on to help with the running of the event. They are typically paid an agreed fixed fee (I say agreed, it's actually stipulated by us) for their help.
Two issues have been raised:
- What is their legal 'employment' status? We have no written contract, they are generally students or have other occupations. This job is usually a one-off, not of a kind they do at any other time. We stipulate the fee and the hours of work. Ages range from 18 to 30.
- Does the NMW apply?
Happy to give any other info as needed, just ask.
Thanks
This publication states how you have to treat casual workers and it states NMW does apply:-
https://www.gov.uk/employment-status/worker
Casual or irregular work
Someone is likely to be a worker if most of these apply:
they occasionally do work for a specific business
the business doesn’t have to offer them work and they don’t have to accept it - they only work when they want to
their contract with the business uses terms like ‘casual’, ‘freelance’, ‘zero hours’, ‘as required’ or something similar
they had to agree with the business’s terms and conditions to get work - either verbally or in writing
they are under the supervision or control of a manager or director
they can’t send someone else to do their work
the business deducts tax and National Insurance contributions from their wages
the business provides materials, tools or equipment they need to do the work
Pension enrollment required if over £192 a week:-
http://www.thepensionsregulator.gov.uk/ ... comes.aspx
See also:-
https://www.gov.uk/guidance/paying-harv ... al-beaters
You must pay part time or casual employees through PAYE, deducting tax and National Insurance as normal, if any of the following apply:
they work with you for more than 2 weeks
they work on things other than harvesting or shoot beating
they are a member of your family
-
- Lemon Quarter
- Posts: 2939
- Joined: November 4th, 2016, 11:18 am
- Has thanked: 1365 times
- Been thanked: 793 times
Re: Casual Workers...
That final link seems to be only related to people working on harvests.
As far as I know you have to pay people and deduct tax in all roles (except, per the above, harvesters!).
NMW/living wage, depending on the person'a age *always* applies, or a special rule applies (apprenticeship/trainee/underage etc).
Mel
As far as I know you have to pay people and deduct tax in all roles (except, per the above, harvesters!).
NMW/living wage, depending on the person'a age *always* applies, or a special rule applies (apprenticeship/trainee/underage etc).
Mel
-
- Lemon Half
- Posts: 5294
- Joined: November 4th, 2016, 12:04 pm
- Has thanked: 3287 times
- Been thanked: 1030 times
Re: Casual Workers...
melonfool wrote:That final link seems to be only related to people working on harvests.
As far as I know you have to pay people and deduct tax in all roles (except, per the above, harvesters!).
NMW/living wage, depending on the person'a age *always* applies, or a special rule applies (apprenticeship/trainee/underage etc).
Mel
That is in itself quite interesting because as someone who very occassionally "beats" the payment is nowhere near NMW. Its generally done for the enjoyment of a day out in the countryside with like minded people with lunch and some pocket money thrown in. Oh - and a brace of birds usually if you choose to avail yourself of them.
Unless the nuance is you are only paid for the time actually _beating_. As opposed to also being driven to the next drive and waiting to "go" - ie down time.
didds
Return to “Legal Issues (Practical)”
Who is online
Users browsing this forum: niord and 22 guests