Written Statement for Casual Workers

A written statement for a casual worker is the document a UK employer must give under Section 1 of the Employment Rights Act 1996, covering pay, how work is offered, and holiday entitlement. Most people called casual workers have worker status, so the day-one right applies to them in the same way as it does to employees. Build a compliant statement below, then read the full status guide and clause checklist underneath.

✓ Updated July 2026

Employment Rights Act 1996, s.1

Harpur Trust v Brazel (2022)

UK-wide

✓ Required from a worker's first day✓ Correct holiday pay wording✓ Free wizard, paid clean PDF

Hiring for a specific arrangement instead? See Zero Hours Contract Written Statement or Written Statement for Part-Time Employees.

Casual Worker Written Statement Builder

Fill in employer, worker, pay, and arrangement details on the left, and watch the statement build on the right. Free download with watermark, or £9.99 for a clean copy. Add the casual-specific wording from the checklist below before you issue it.

Landlord details

Required: your name and an address in England or Wales where the tenant can send legal notices. This does not need to be your home address.

Who Is a Casual Worker?

"Casual worker" is not a term defined in UK employment law. It is a business term for someone engaged on an as-needed basis, without a fixed pattern of hours agreed in advance. In law, what matters is not the label but the actual arrangement: most people described as casual workers have worker status under Section 230(3)(b) of the Employment Rights Act 1996, meaning they personally carry out the work but are not obliged to accept it, and the employer is not obliged to offer it, between individual engagements.

A smaller number of casual arrangements amount to genuine self-employment, where the person is running their own business and the employer is a customer rather than an employer in the legal sense. Genuinely self-employed contractors fall outside the written statement requirement described on this page.

📌 The short answer

If you engage someone casually and they personally do the work, without running their own business, they almost certainly have worker status. Give them a written statement covering pay, how work is offered, and holiday entitlement, on or before their first day.

Casual Worker vs Employee vs Zero Hours Worker vs Self-Employed

These four categories are frequently confused. The table below sets out the legal distinctions that actually matter, rather than the labels used in a job advert or template.

FactorEmployeeCasual WorkerSelf-Employed
Legal basisContract of service, ERA 1996 s.230(1)ERA 1996 s.230(3)(b)No statutory definition — a business term
Obligation to accept workYes, ongoingNo obligation between engagementsUsually none between engagements
Obligation to offer workYes, ongoingNoNo
Must do the work personallyYesYesUsually, though depends on the arrangement
Written statement requiredYes, from day oneYes, from day oneYes, if worker status applies
Unfair dismissal rightsYes, after the qualifying periodNoNo, unless found to be an employee
Statutory redundancy payYes, if eligibleNoNo
Holiday payYesYesYes, if worker status applies
National Minimum WageYesYesYes, if worker status applies

Source: Section 230, Employment Rights Act 1996 ↗ · GOV.UK — employment status: worker ↗

Mandatory Clauses — What Must Be in the Statement

These are the particulars required under Section 1 of the Employment Rights Act 1996, as amended in 2018. Most apply to every casual worker; a small number depend on the specific arrangement.

ClauseWhy it's neededStatus
Employer nameIdentifies who the worker is contracting with.Required
Worker nameIdentifies who the statement covers.Required
Job title or brief description of the workSection 1 of the Employment Rights Act 1996 requires one or the other.Required
Start dateFixes when the arrangement, and any continuous service, begins.Required
Whether earlier work for the same employer counts towards continuityRelevant where a casual worker has previously worked for the same employer on separate engagements.Required
Pay rate and how it is calculatedMust state the rate, and whether it is hourly, daily, or by another measure.Required
How often pay is madeWeekly, fortnightly, or monthly, so the worker knows when to expect payment.Required
How work is offered, accepted, and can be declinedA casual arrangement should describe the actual mechanism, whether by rota, app, phone call, or text message.Required
Place of work, or that it variesConfirms where the work happens, including where the worker is sent to different sites.Required
Holiday entitlement and how it is calculatedMust reflect the correct method for irregular hours, following Harpur Trust v Brazel.Required
Sickness absence and sick payMust reference the sick pay terms, or where the worker can find them.Required
Notice periods on either sideSets out any minimum notice to end the arrangement, where one is agreed.Required
Pension and pension schemesAuto-enrolment applies to casual workers once age and earnings thresholds are met.Required
Collective agreements affecting the termsOnly where a collective agreement actually applies to this worker.If applicable
Training entitlement provided by the employerA required particular since the 2018 amendment regulations.Required
Disciplinary and grievance procedure, or where to find itCan be given by reference to a staff handbook or similar document.Required

Source: Section 1, Employment Rights Act 1996 ↗ · GOV.UK — written statement of employment particulars ↗

Clauses Specific to Casual Arrangements

Beyond the standard particulars, a casual worker's statement needs a few points handled with care, because there is no fixed working pattern to describe in the usual way.

1. State plainly that there is no ongoing obligation between engagements

The statement should say directly that the employer is not obliged to offer work and the worker is not obliged to accept it. This is what distinguishes a genuine casual arrangement from employment, and vague wording invites a later dispute about status.

2. Describe the actual method used to offer and accept work

Name the real mechanism, whether that is a shared rota, a staffing app, a phone call, or a group message, rather than a generic phrase like "as required." A precise description matches what tribunals look for when they assess whether an arrangement is genuinely casual.

3. Get the holiday pay method right

Following the Supreme Court decision in Harpur Trust v Brazel (2022), a worker with genuinely irregular hours across the year is entitled to holiday pay based on average earnings over the previous 52 paid weeks, not a flat 12.07% of hours worked, if that method would produce a lower figure. Employers of irregular hours and part-year workers can instead choose rolled-up holiday pay, adding 12.07% to each payment as it is earned, for holiday years starting on or after 1 April 2024.

4. Do not assume casual status removes other statutory rights

A casual worker with worker status is still entitled to the National Minimum Wage, paid holiday, rest breaks, and protection from unlawful deductions from wages. Casual status only affects rights that depend on employee status specifically, such as unfair dismissal and statutory redundancy pay.

5. Re-check status if the pattern becomes regular

If a casual worker ends up working the same days most weeks over a long period, with a settled expectation of work on both sides, the arrangement may in practice have become closer to employment. The written statement should reflect what actually happens, not the label used when the arrangement began.

Source: Harpur Trust v Brazel, UKSC 2022 ↗ · GOV.UK — holiday pay and entitlement reforms ↗ · ACAS — casual workers ↗

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Casual Worker vs Zero Hours Worker vs Part-Time Employee

The written statement requirement is the same across all three. What differs is the content: how the arrangement, hours, and holiday pay are described.

FactorCasual WorkerZero Hours WorkerPart-Time Employee
Guaranteed hoursNone, by arrangementNone, by definitionA set weekly minimum
Obligation to accept work offeredNoNoDepends on the contract
Written statement requiredYes, from day oneYes, from day oneYes, from day one
Holiday pay methodAverage pay over 52 weeks, or rolled-upAverage pay over 52 weeks, or rolled-upStandard weekly pay, pro-rated
Statutory Sick PayYes, if eligibleYes, if eligibleYes, if eligible
Pension auto-enrolmentYes, once eligibility thresholds are metYes, once eligibility thresholds are metYes, once eligible

See also: Zero Hours Contract Written Statement · Written Statement for Part-Time Employees

Common Mistakes in a Casual Worker's Written Statement

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1. Assuming "casual" means no written statement is needed

The day-one right to a written statement, in force since April 2020, applies to workers as well as employees. Calling someone a casual worker does not remove the requirement if they meet the legal definition of a worker.

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2. Using a flat 12.07% holiday calculation regardless of the result

For genuinely irregular hours, 12.07% of hours worked can understate what the worker is owed compared with the 52-week average method set out in Harpur Trust v Brazel. Employers who use rolled-up holiday pay avoid this problem, but only if they have adopted it correctly for holiday years starting on or after 1 April 2024.

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3. Leaving the description of the arrangement vague

Phrases like "work as available" do not describe how work is actually offered or declined, and give little to point to if a dispute later arises over whether an obligation had, in practice, developed.

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4. Treating every casual arrangement as identical to a zero hours contract

A casual arrangement that has settled into a regular pattern is not automatically a zero hours contract for legal purposes, and the correct description in the written statement should match what has actually happened, not a standard template clause.

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5. Issuing the statement well after the worker has started

The principal statement is required no later than the worker's first day. Giving it weeks later does not meet the day-one requirement, even where the content is otherwise correct.

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6. Not reviewing status if the working pattern changes

A casual worker who begins working set days most weeks, over a long enough period, may have a stronger case for employee status. Employers who never revisit the written statement risk it no longer matching the true arrangement.

Casual Worker Written Statement Examples

The mandatory particulars stay the same across sectors. What changes is how the booking method, place of work, and holiday pay are described.

Example 1 — Warehouse casual worker, agency-style booking app

A logistics company in Leeds books casual warehouse staff through an app, offering shifts a few days ahead. The statement states no obligation on either side to offer or accept a shift, gives an hourly rate, and confirms holiday pay is calculated on average earnings over the previous 52 paid weeks.

Example 2 — Events casual worker, occasional bookings

An events company engages casual staff for occasional weekend work, sometimes with months between bookings. The statement uses rolled-up holiday pay, adding 12.07% to each payment, and records place of work as varying by event venue.

Example 3 — Casual worker whose hours have become regular

A cafe originally engaged a worker on a casual basis, but the worker has covered the same three days most weeks for over a year. The employer reviews the arrangement, issues an updated written statement reflecting the settled pattern, and considers whether the role should now be treated as part-time employment rather than casual work.

How to Issue a Compliant Casual Worker Written Statement — Step by Step

01

Work out the person's employment status

Decide whether they are a worker or genuinely self-employed. Most casual arrangements are worker status, entitled to the written statement.

02

Gather the mandatory particulars

Employer and worker names, job title, start date, pay rate, pay frequency, and place of work.

03

Describe how work is offered and accepted

Name the actual method used, and state clearly that there is no obligation to offer or accept work between engagements.

04

Choose and record the holiday pay method

Use average pay over the previous 52 paid weeks, or rolled-up holiday pay if you have adopted it correctly for the relevant holiday year.

05

Add sick pay, notice, and pension particulars

These apply to casual workers in the same way as to other workers, once relevant eligibility thresholds are met.

06

Issue the statement on or before the first day

Give the worker the principal statement no later than their start date, and keep a dated record that it was given.

Casual Worker Compliance Checklist

✓Confirmed the worker's employment status before drafting anything
✓Statement names the employer and the worker correctly
✓Job title or description of the work is included
✓Pay rate and pay frequency are both stated
✓Booking method and right to decline work are described in plain terms
✓Holiday pay method is either the 52-week average or correctly adopted rolled-up pay
✓Place of work is recorded, or stated as variable
✓Sick pay, notice, and pension particulars are included
✓Statement issued on or before the worker's first day
✓A dated copy is kept on file

Legislative Timeline

1
1996Employment Rights Act 1996 enacted

Section 1 sets out the written statement requirement, and Section 230 defines employee and worker status, both still current.

2
2018Amendment regulations extend the written statement

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 extended the written statement right to workers and added further required particulars.

3
April 2020Written statement becomes a day-one right for workers

Workers, not only employees, became entitled to a written statement from their first day, covering most people described as casual workers.

4
20 July 2022Supreme Court decides Harpur Trust v Brazel

The Court held that holiday pay for a worker with genuinely irregular hours across the year should be based on average pay over the previous 52 paid weeks, not a flat 12.07% of hours worked.

5
1 January 2024Rolled-up holiday pay rules take effect

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 permit rolled-up holiday pay for irregular hours and part-year workers, for holiday years starting on or after 1 April 2024.

6
18 December 2025Employment Rights Act 2025 receives Royal Assent

The Act sets out further reforms affecting workers, including day-one unfair dismissal rights for employees and duties around guaranteed hours for some zero and low hours arrangements.

7
OngoingConsultation on a single status of worker

The government's Next Steps to Make Work Pay programme includes a longer-term plan to consult on merging the employee and worker categories into a single status. As of July 2026 this remained at the consultation stage, with no legislation yet introduced.

Source: Employment Rights Act 2025 ↗ · Next Steps to Make Work Pay — GOV.UK ↗

About This Guide

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Updated July 2026

Reflects Section 1 and Section 230 of the Employment Rights Act 1996, Harpur Trust v Brazel, and the 2024 holiday pay reforms in force as of this date.

🇬🇧

UK-wide

The written statement requirement under the Employment Rights Act 1996 applies across Great Britain. Northern Ireland has separate, broadly similar legislation.

⚠️

Not legal advice

This guide gives general legal information and a working example. For a disputed status question, or an arrangement that has changed over time, get advice from a qualified employment solicitor.

OD

OfficeDraft Legal Team

This guide was built by cross-referencing Section 1 and Section 230 of the Employment Rights Act 1996 against the Harpur Trust v Brazel judgment and the 2024 holiday pay reforms, so the guide and the generator stay in sync as further case law and provisions come into force. Reviewed July 2026.

About OfficeDraft →
External references: Employment Rights Act 1996, Section 1 — legislation.gov.uk · Employment Rights Act 1996, Section 230 — legislation.gov.uk · Harpur Trust v Brazel — Supreme Court · GOV.UK — holiday pay and entitlement reforms · GOV.UK — employment status: worker · ACAS — casual workers · Find an employment solicitor — Law Society

Last updated: July 2026 · Editorial review: July 2026 · Author: OfficeDraft Legal Team

Frequently Asked Questions

Does a casual worker legally need a written statement?▾
Yes, in almost all cases. Since 6 April 2020, the day-one right to a written statement under Section 1 of the Employment Rights Act 1996 covers workers as well as employees. Most casual workers have worker status, so the right applies to them.
What is the legal difference between a casual worker and an employee?▾
An employee has an ongoing obligation to accept work and the employer has an ongoing obligation to provide it. A casual worker, with worker status under Section 230(3)(b), has no such ongoing obligation between individual engagements.
Is a casual worker the same as a zero hours worker?▾
Not necessarily. A zero hours contract is a specific, defined arrangement under Section 27A guaranteeing no hours at all. Casual worker is a broader business term, and the two overlap but are not identical.
How is holiday pay calculated for a casual worker?▾
For genuinely irregular hours, use average pay over the previous 52 paid weeks, following Harpur Trust v Brazel, or rolled-up holiday pay of 12.07% added to each payment, if correctly adopted from 1 April 2024 onward.
What must be included in a casual worker's written statement?▾
At minimum: employer and worker names, job title, start date, pay rate and frequency, how work is offered and accepted, place of work, holiday entitlement, sick pay, notice periods, and pension information.
What happens if a casual worker is not given a written statement?▾
They can bring an employment tribunal claim, usually alongside another claim such as unlawful deductions. Where the tribunal finds for the worker, it can award two or four weeks' pay for the missing statement under Section 38 of the Employment Act 2002.

⚠ Legal disclaimer

OfficeDraft's casual worker written statement generator helps employers produce a statement covering the core particulars required under Section 1 of the Employment Rights Act 1996. This page and the generator provide general legal information and do not constitute independent legal advice. Names, figures, and scenarios above are illustrative. Employment status can be disputed on its facts, and if you are unsure how a specific arrangement should be classified, seek advice from a qualified employment solicitor. A directory of solicitors is available at solicitors.lawsociety.org.uk.

Generate Your Casual Worker Written Statement

Enter employer, worker, and pay details, and download a Section 1 compliant PDF with correct holiday pay wording. Free with a watermark, or £9.99 for a clean copy.

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UK-wide · Section 1 format · Free download available