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Casual worker for a restaurant (no contract)

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Hi!

I am looking for some advice as after searching online I didn't find any clear information on the matter.

I have a friend who's working, as a casual worker, for a restaurant. He does not have a contract (and he's foreign).

As far as I know he's getting paid more than the Minimum National Wage, but I wonder if he's somehow at risk because he hasn't got a regular contract (and does he have to do a tax return?).

I also wonder if restaurant workers need some type of qualifications to work as waiters.

Can someone give me some tips on the matter?

Many thanks!! :o

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Being foreign doesn't mean he can't work. Some can, some can't.

    Not having a contract is usual in a lot of jobs. Casual workers.

    More than NMW - sounds good, but maybe his "holiday pay" in included in that (not sure how legal that is these days).

    He's employed, at a guess, but probably earns less than the tax threshold (you've not said how much). He can't be self employed if that's his only job. An employer can't 'decide' that a worker is self-employed, that's for the HMRC to decide and they have a list of criteria, which this role doesn't meet from what you've said.

    No qualifications needed to work as waiters.
  • MyMissC3
    MyMissC3 Posts: 46 Forumite
    Thank you very much for you very quick reply!!

    I believe his wage, as we can tell so far, is going to be whithin the Personal Allowance, so that woudn't be a problem.

    Being a casual worker with no contract, will affect him (in a bad way) in case he gets hurt at work or, worse, in case he accidentally damage a customer's property or hurt a customer?

    That is really the main concern.

    I haven't really found any clear information about it, I know the employer obviously must have insurance cover for such situations.

    Also, as you mention it, as he works basically only when called, I don't think he gets any holiday at all! :p


    Being foreign doesn't mean he can't work. Some can, some can't.

    Not having a contract is usual in a lot of jobs. Casual workers.

    More than NMW - sounds good, but maybe his "holiday pay" in included in that (not sure how legal that is these days).

    He's employed, at a guess, but probably earns less than the tax threshold (you've not said how much). He can't be self employed if that's his only job. An employer can't 'decide' that a worker is self-employed, that's for the HMRC to decide and they have a list of criteria, which this role doesn't meet from what you've said.

    No qualifications needed to work as waiters.
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