Employment status |
Understanding employment status
Before engaging a casual worker, it is important to understand how their employment status differs from that of an employee.
For a contract of employment (employee status) to exist, three key elements must be present:
- the individual must be under an obligation to perform the work personally;
- there must be “mutuality of obligation” between the parties; and
- the employer must have sufficient rights of control over the employee.
The difference between an employee and a casual worker is that there is no mutuality of obligation present;
- the casual worker is not obliged to accept any offer of work and may refuse any offer of work without repercussions and;
- the University is not obliged to provide work to the casual worker;
- the availability of work will be subject to fluctuations/unpredictability;
- there will be significant breaks between engagements;
- the offer of work may be withdrawn at short notice if the work is no longer required e.g. if a class is cancelled.
If a casual worker was to be offered regular or guaranteed hours with the expectation of them accepting such work, it is likely that the relationship would change to that of an employee.
As a casual working relationship may change over time, it is essential that managers regularly review these arrangements to ensure the individual has the appropriate employment status. The manager or the worker can initiate discussions to review the pattern and type of work which has and will be offered in line with determining the appropriate contract type.
Should you have any queries about employment status, please contact your Faculty HR Team Contact.
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Employment summary |
Key features |
Key features of the relationship
A Registration Agreement for Casual Work may be appropriate to use if the following features apply:
- There is no guarantee or expectation of continued work.
- It is understood that any offer of work may be withdrawn.
- It is understood and accepted that individuals can refuse any work offered without penalty* and that this is allowed to happen in practice.
- It is understood and accepted that individuals could withdraw their service without penalty*, prior to starting a work session, even after agreeing to it.
- It is understood by both parties that once an engagement has begun, there is an expectation that it is completed by the individual.
- The level of demand for work is variable and may fluctuate, and is not guaranteed or agreed far in advance.
- Each period of work or work session is of a short duration and termination of each session is agreed in advance, normally by reference to a date.
- There are typically breaks of at least 1 week between each period of work, and no obligations (i.e. to either offer or accept further engagements) between periods of work.
However, once an individual has accepted and commenced the engagement, the expectation is that:
- Work is completed by the contracted individual, with no right of substitution during the session;
- During the engagement the individual cannot temporarily or permanently withdraw their services without notice.
If all of the above are features of the arrangement are present then there should be no employment relationship between periods of work, and a `Registration Agreement for Casual Work´ could be used.
*’without penalty’ means without the threat of, or actual removal of their registration to undertake other casual work simply for rejecting work.
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Employment rights and statutory obligations |
Principal individual rights associated with contract: Unless the employment relationship type changes over time, can only obtain List A rights. See Employment rights summary. However, during each engagement they would also be eligible for List B and C rights, subject to fulfilling defined criteria.
University statutory obligations
Immigration & Preventing Illegal Working: The offence of employing a person subject to immigration control (Immigration, Asylum and Nationality Act 2006) applies. Civil penalty of up to £20,000 per illegal employee, and knowingly employing someone illegally is a criminal offence with a potential prison sentence or unlimited fine.
Pre-placement Checks: Health checks and criminal record checks (where relevant), are processed by Human Resources with the applicant prior to confirmation of appointment.
Health & Safety: Workers are in the scope of the Health and Safety at Work Act 1974 (HSWA), and the common law provisions.
Equal Opportunities: In line with the University’s commitment to equality all employees are required to conduct themselves in a manner consistent with and follow the Equal Opportunities Policy and Code of Practice for Staff.
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Authorisation of engagement |
Recruitment process: For all recruitment and engagement activity undertaken by engaging department, please see the process for engaging casual workers. Please note the process differs when engaging student casual workers.
Financial authorisation: Requires prior approval from the Head of Department. It is an engaging department’s responsibility to ensure that there are sufficient funds available within their existing budget to pay workers, including for associated benefits (see below).
Responsibility for administration/record keeping: Department to maintain sufficient records relating to each engagement period undertaken by the individual. This also includes all refusals of offers of work / cancelled engagements, etc. (to evidence breaks in employment).
Department to calculate annual leave entitlements, maintain records and arrange payment for annual leave.
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Work allocation |
Work allocation: Determined by the engaging department.
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Pay arrangements |
Pay and grading: See wage types and pay rates.
Payment process: Payments made via submission of claims forms, authorised by engaging department. Payments are made monthly following the submission of a claim form, with payslips sent to the home address.
Tax treatment: Income tax and NI to be deducted at source.
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Other benefits |
Staff benefits: Statutory benefits accrue during each engagement period ONLY. These include:
- Right to paid annual leave (maximum of 28 days per annum)
- Eligibility to SSP / SMP / SAP if meeting the relevant criteria
- Pension Scheme Membership (subject to meeting eligibility criteria)
UCard Allocation: External UCard for those undertaking non-teaching work, Associate UCard for those undertaking teaching-related activity. Departments should request that individuals return their UCards back to the department between engagements.
Induction: An Induction checklist for workers provides the suggested minimum induction. Departments should pay individuals for any time required to undertake induction training.
Development and training: Departments are responsible for ensuring casual workers are equipped and skilled to undertake their role.
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Casual work wage types and pay rates |
Wage types and pay rates
Wage types and pay rates
From 6 April 2019 new legislation will require employers to provide itemised payslips to all casual workers, which show the hours where their pay varies by the amount of time they have worked. To ensure that the University complies with this legislation, the wage types and pay rates below should be used for all casual work. In order to support principles of equal pay for work of equal value, hourly rates are linked to the first point on each of the nine University of Sheffield grades.
Before offering work to a casual worker, departments should first determine the type of role and associated hourly rate from the structure below. It is important to repeat this process for each separate engagement the individual subsequently works.
Casual workers are entitled to paid holiday (Wage Type 3460). Payment for holiday cannot be included in an hourly rate (known as `rolled up holiday pay´), as this is unlawful. Please see Annual Leave Arrangements for Workers for more information.
Please contact casualworkers@sheffield.ac.uk should the rates below prove insufficient to secure the specialist services of an individual.
Holiday Pay |
Code |
Wage Type |
Further Information |
3460 |
Holiday Pay |
Payment for holiday cannot be included in an hourly rate (known as `rolled up holiday pay´), as this is unlawful. Please see Annual Leave Arrangements for Workers for more information. |
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Facilities Support |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A01 |
Cleaning Staff |
Providing cleaning support - cleaning of offices/communal facilities. |
Cleaner, Domestic Assistant |
1.3 |
£9.17 |
3A03 |
Catering Staff |
Providing catering/hospitality support - taking customers’ payments, food preparation, simple cooking tasks and service duties. |
Catering Assistant, Waiter, Kitchen Porter, Kitchen Assistant, House Keeper |
1.3 |
£9.17 |
3A05 |
Bar Staff |
Providing bar support - taking orders, preparing drinks and cleaning bar area and equipment. |
Bar Staff |
1.3 |
£9.17 |
3A07 |
Facilities Support |
Providing facilities support - patrolling the premises, monitoring security, groundskeeping. |
Portering, Congierge, Security, Landscaping |
2.2 |
£9.34 |
3A09 |
Event Support |
Providing support for events, attendance monitoring, event promotion, room set up, assistance during the event. |
Cloakroom Attendant, Flyering, Trainee Student Ambassador |
1.3 |
£9.17 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Clerical/Administrative Support |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A13 |
Cler/Admin L1 |
Providing basic clerical support - data input, filing, photocopying. |
Data Entry Clerk, Filing Assistant |
1.3 |
£9.17 |
3A14 |
Cler/Admin L2 |
Providing general clerical support - word processing, note taking, marketing support, arranging travel and accommodation, sorting mail. |
Office Assistant |
2.2 |
£9.34 |
3A15 |
Cler/Admin L3 |
Providing specialised clerical support - knowledge of specialist software/systems to undertake data management, maintaining electronic records and databases. |
Customer Service Assistant |
3.1 |
£9.69 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Student Support and Assessment |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A18 |
Student Sup L1 |
Providing basic student support - support for student open days/events/school visits. |
Student Ambassador |
2.2 |
£9.34 |
3A19 |
Student Sup L2 |
Providing general student support - supporting open days, student recruitment activities, ceremonies, Intro Week events and careers workshops. |
Senior Student Ambassador |
3.1 |
£9.69 |
3A20 |
Student Sup L3 |
Providing support for students or assessment - proof reading documentation, transcribing/translating interviews, roleplay acting for the purposes of teaching or assessment. |
Audio Transcriber, Proof Reading, Actors, Translator, Interpreter |
4.1 |
£10.75 |
3A21 |
Student Sup L4 |
Providing support for students or assessment - translating written material, acting as an interpreter at an interview. |
Translator, Interpreter |
5.1 |
£12.28 |
3A22 |
Student Sup L5 |
Providing support for students or assessment - contributing to the assessment of students. |
Academic Marker, Assessor |
6.1 |
£14.64 |
3A23 |
Student Sup L6 |
Providing support for students or assessment - contributing to the assessment of students which requires more specialist expertise. |
Academic Marker, Assessor |
7.1 |
£17.46 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Invigilators |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A26 |
Invigilator L1 |
Invigilating - assisting the Chief Invigilators with the laying out of exam papers and stationery, getting students into the hall and sat down, ID checking, attendance monitoring, exam script collection counting and packing.
All Invigilators (levels 1, 2 and 3) should be paid at grade 2.2 for attending Invigilator related training sessions.
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Assistant Invigilator |
2.2 |
£9.34 |
3A27 |
Invigilator L2 |
Invigilating - assisting/deputising for the Chief Invigilator, mentoring new assistants, in addition to all Assistant Invigilator duties as stated above.
All Invigilators (levels 1, 2 and 3) should be paid at grade 2.2 for attending Invigilator related training sessions.
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Senior Invigilator |
3.1 |
£9.69 |
3A28 |
Invigilator L3 |
Invigilating - planning of exam hall, managing exam hall, managing assistants and seniors, opening and closing exam announcements, dealing with and reporting incidents and queries.
All Invigilators (levels 1, 2 and 3) should be paid at grade 2.2 for attending Invigilator related training sessions.
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Chief Invigilator |
6.1 |
£14.64 |
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Technical Support |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A32 |
Tech Sup L1 |
Providing basic technical support - moving and storing equipment, assisting with deliveries or maintenance. |
Technical Assistant, Maintainence Assistant |
2.2 |
£9.34 |
3A33 |
Tech Sup L2 |
Providing technical support - supporting planned maintence and repairs, IT support and set-up for conference. |
Maintenance Technician, IT Technician |
3.1 |
£9.69 |
3A34 |
Tech Sup L3 |
Providing technical support - carrying out specific technical activity for scheduled maintenance which requires specific knowledge or skills. |
Carpenter, Painter, Decorator, Graphic Design |
4.1 |
£10.75 |
3A35 |
Tech Sup L4 |
Providing specialist technical support - performing specialist activities which require specific knowledge or skills. |
Web Design, Photographer |
5.1 |
£12.28 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Teaching |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A41 |
Teaching L1 |
Delivering teaching, tutoring and demonstrating. |
Teaching Assistant, Tutor, Lab Demonstrator (Includes Lecture Fees) |
6.1 |
£14.64 |
3A42 |
Teaching L2 |
Delivering general teaching, tutoring and supervision. |
Teaching Associate, Advanced Tutor, Teaching Instructor (Includes Lecture Fees) |
7.1 |
£17.46 |
3A43 |
Teaching L3 |
Delivering specialised teaching, tutoring and supervision. |
University Teacher, Lecturer (Includes Lecture Fees) |
8.1 |
£22.75 |
3A44 |
Teaching L4 |
Delivering highly specialised teaching, tutoring and supervision. |
Senior University Teacher, Guest Speakers (Includes Lecture Fees) |
9.1 |
£28.80 |
PLEASE USE THESE CODES FOR UNIVERSITY TEACHING ONLY.
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Research |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A46 |
Research L1 |
Providing support for research activity - design, set up and running of experiments. |
Research Assistant, Research Developer |
6.1 |
£14.64 |
3A47 |
Research L2 |
Providing support for research activity - contributing to research proposals and/or plans for research programmes. |
Research Associate |
7.1 |
£17.46 |
3A48 |
Research L3 |
Providing support for research activity - contributing to the initiation, development and management of research programmes. |
Research Fellow |
8.1 |
£22.75 |
3A49 |
Research L4 |
Providing support for research activity - contributing to highly specialised/innovative research. |
Senior Research Fellow |
9.1 |
£28.80 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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Clinical Teaching |
Code |
Wage Type |
Example Activities |
Example Job Title |
Grade |
Hourly Rate |
3A51 |
Clin Teach L1 |
Delivering general teaching, tutoring and supervision (Clinical ONLY). |
Clinical ONLY - Teaching Associate/Advanced Tutor/Teaching Instructor (Includes Lecture Fees) |
7.1 |
£17.46 |
3A52 |
Clin Teach L2 |
Delivering specialised teaching, tutoring and supervision (Clinical ONLY). |
Clinical ONLY - University Teacher/Lecturer (Includes Lecture Fees) |
8.1 |
£22.75 |
3A53 |
Clin Teach L3 |
Delivering highly specialised teaching, tutoring and supervision (Clinical ONLY). |
Clinical ONLY - Senior Teachers/Lecturers, Lecture Fees, Guest Speakers |
9.1 |
£28.80 |
Please note that example activities and example job titles are provided as a guide. If you are uncertain about the appropriate equivalent grade for the role, please consult the Grade Profiles or seek advice from your Faculty HR Contact.
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