Frequently Asked Questions s8

Appendix 2

Casual Workers Frequently Asked Questions

1. How do I recruit a casual worker? 2. Are casual workers subject to pre-employment checks? 3. How do I set up a casual worker? 4. How do I pay a casual worker? 5. Are casual workers entitled to receive holiday pay- do I have to pay? 6. Is there entitlement to holiday pay for contracted posts? 7. How do I calculate holiday pay? 8. How do I pay holiday pay through Devolved Input? 9. Can a casual worker/employee join the Local Government Pension Scheme? 10.Is a casual worker entitled to become a member of a Trade Union? 11.How long will a casual workers record stay on the payroll system for? 12.An employee is leaving full time employment in my school but would like to return as a casual worker – what do I do? 13.Do I have to pay a casual worker the same as an employee doing the same job? 14.I have a casual worker who has worked regularly (the same hours) for over 3 months – should I continue? 15.Is a casual worker entitled to receive an annual increment? 16.Can a casual worker be paid weekly? 17.How can I be sure whether the work should be paid by invoice or through devolved input?

1. How do I recruit a casual worker?

Casual workers should be recruited according to the normal recruitment and authorisation process as all other types of positions. Schools may wish to recruit from former or existing staff or consider a casual open vacancy. In this instance they should contact the SCHOOLS HR team for more information.

2. Are casual workers subject to pre-employment checks?

Casual workers are subject to the same pre-employment checks as all other types of positions. Schools should be aware that pre-employment checks, such as the Criminal Records Bureau disclosure, become invalid should the employee have a break of 3 months or more.

3. How do I set up a casual worker?

You should use the normal recruitment process and ensure that a new starter form (HR001) is sent to your HR Assistant. Schools HR will then issue the casual with a ‘Statement’ together with the Terms and Conditions outlining expectations and entitlements.

NB this will cover all casual posts in your school as long as:

 There is no more than a 3 month period between sessions of work 1 of 4 D:\Docs\2017-12-13\0778c79ec22f5ac0483e38be88af994e.doc Appendix 2 and  The rate of pay you want to pay the casual is included on the list of Hourly Rates of Pay for Casual Staff at Appendix 4. (If the rate is not listed please contact Schools HR for advice.)

4. How do I pay a casual worker?

Some schools may already have arrangements with Payroll Services to pay Casual workers by devolved input or by completing a spreadsheet. Alternatively a monthly timesheet should be completed and returned to Payroll Services in order to ensure prompt payment. The timesheet, along with guidance notes for completion and deadlines for submission, is available on the Payroll pages of SchoolsNet/ Learning Gateway.

As a reminder the use of EDCASUAL post may no longer be used for the payment of casual staff through devolved input. If you do not have a new school casual post please speak to your HR Assistant in the Schools HR team who will ensure the correct set up of post which includes reference to your school. Please ensure you pay the correct rate in accordance with the Hourly Rates of Pay for Casual Staff at Appendix 4, before proceeding with devolved input.

If an individual wishes to be paid by invoice they may not be a casual worker. They may be self-employed. Please see FAQ17.

5. Are casual workers entitled to receive holiday pay – do I have to pay?

Yes. Casual workers are entitled by law to 5.6 weeks paid annual leave pro rata (inclusive of bank and public holidays).

6. Is there entitlement to holiday pay for contracted posts?

Contracted employees working term time only in school are remunerated with holiday pay within their annual salary as outlined in their terms & conditions of employment.

There is no payment for holiday pay on non-contractual additional hours or overtime. Where an individual is regularly working additional hours in a contracted post, the hours of this post should be reviewed so that holiday pay will be included in the salary.

Nil-hours posts

There are a number of nil-hours contracts for Principal and Senior Supervisor posts in school. The rate of pay reflects the holiday pay for a contracted member of staff and therefore will not attract any further holiday entitlement.

If you have any other circumstances where you think holiday pay should be payable, please speak to your designated HR contact to discuss.

7. How do I calculate holiday pay?

Holiday pay is calculated by Schools HR team. This is based on 10.4% of gross pay for that period (hours x rate) worked for term time only staff in accordance with ACAS guidance. (For casual staff on a full working year, this will be 12.03%). Schools receive quarterly reports of holiday pay due for casuals for schools to process payment via devolved input. Holiday pay will only be calculated on work completed in 2 of 4 D:\Docs\2017-12-13\0778c79ec22f5ac0483e38be88af994e.doc Appendix 2 Casual posts ending ‘CAS’.

Schools may choose to calculate holiday pay themselves using the above calculation use the reports as a ‘check’, particularly in circumstances where a casual has worked on a short time engagement when holiday pay should be made at the end of the engagement at the same time as any wages.

8. How do I pay holiday pay through Devolved Input?

Holiday pay should be input paid through Devolved Input as follows:

 Insert Pay element 4074  Insert cash Amount to pay £. (This figure is calculated for you on the report from gross pay paid that period i.e. hours x rate of pay x 10.74%)  Select post. (If the employee has a main post this will populate so the relevant casual post will need to be selected)  Do not complete rate of pay  Complete SAMIS code. (If you do not know what this should be please seek assistance from your designated Finance Officer)

If you require any assistance with this please do not hesitate to contact the Payroll Help Line (01743 252190)

9. Can a casual worker/employee join the Local Government Pension Scheme?

Casual workers/employees are only entitled to join the scheme if they have a contract of 3 months or more. Once a casual worker reaches 3 months service, they will appear on a report and contacted to join the LGPS. For further details contact the Pension help line on 01743 252130 or access the website; www.shropshirecountypensionfund.co.uk

10 Is a casual worker entitled to become a member of a Trade Union?

Yes. Trade Union membership applies to casual workers as well as employees.

11 How long will a casual workers record stay on the payroll system for?

A review of casual workers will take place on a quarterly basis. Schools will be provided with details of their casual workers held on the system via the termly establishment lists. Schools should complete the usual leavers form if the school are aware that an individual has not worked in the last 3 months and there are no plans for the individual to work in the future. If the school do not complete a leaver’s form, a culling exercise will remove casual records not worked in the last 3 months, unless schools agree differently with Schools HR.

12. An employee is leaving full time employment in my school but would like to return as a casual worker – what do I do?

You will need to ensure that you have a casual post set-up in your school. Please contact your HR Assistant in the Schools HR team who will ensure the correct set up of post which includes reference to your school. (As a reminder the use of EDCASUAL post may no longer be used for the payment of casual staff through devolved input). Casual workers should be aware that there may be tax implications if there is not a break in service of 2 weeks or more, it is recommended that there is a break of 1 month from the end 3 of 4 D:\Docs\2017-12-13\0778c79ec22f5ac0483e38be88af994e.doc Appendix 2 of a permanent contract before engaging that individual in casual work. Any appointment to a casual post would need to be through the normal recruitment process completing the usual new starter forms. (See 1 and 3 above).

13. Do I have to pay a casual worker the same as an employee doing the same job?

A casual worker that is carrying out the same duties as an employee must be paid the same grade. Please see the Hourly Rates of Pay for Casual Staff at Appendix 4. Should the duties be different you may wish to consider paying an alternative rate of pay – please contact the CYPS HR Team for further information before you proceed.

14. I have a casual worker who has worked regularly (the same hours) for over 3 months – should I continue?

This person is now considered a casual employee. If the work will come to an end in the near future then you can continue to use this person as a casual employee. However, if this continues indefinitely you should consider putting them on a fixed term or temporary contract. Please refer to Appendix 1 for further information on types of casual contracts.

15. Is a casual worker entitled to receive an annual increment?

Increments are paid to employees to recognise the skills and knowledge attained over the time in the post. The nature of casual work should be that it is for a limited period of time and/or on an irregular basis. Increments should therefore only apply to casual workers in exceptional circumstances and this would need to be discussed with the CYPS HR Team.

16. Can a casual worker be paid weekly?

No. All members of staff, including casual workers paid on a monthly basis.

17. How can I be sure whether the casual should be paid as a contractor or worker?

You should refer to the ‘Employment Status Checklist’ in the Casual Guidance Pack, Appendix 3 to assist you. If you need any advice completing the checklist please contact Caroline Jones in Payroll Services (01743 252185)

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