1. Definitions

1.1. In this agreement the following definitions apply: -

“Assignment”                          means the period during which the Temporary Worker is supplied by the Employment Business to render services to the Client;

“Client”                                     means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied or introduced;

“Employment Business”        means Driving Force Recruitment Limited of 1-3 Bath Hill, Keynsham , Bristol , Avon , BS311EB ;

“Temporary Worker”             means the individual who is introduced by the Employment Business to render services to the Client;

“Working Week”                     means an average of 48 hours each week calculated over a 17 week reference period.

1.2. Unless the context otherwise requires, references to the singular include the plural.

1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. Restriction

2.1. The Working Time Regulations 1998 (as amended) provide that the Temporary Worker shall not work on an Assignment with the Client in excess of the working week unless they agree in writing that this limit shall not apply.

3. Consent

3.1. The Temporary Worker hereby agrees that the Working Week limit shall not apply to the Assignment.

4. Withdrawal of Consent

4.1. The Temporary Worker may end this Agreement by giving the Employment Business 3 months notice in writing.

4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Temporary Worker of an Assignment with a Client.

4.3. Upon the expiry of the notice period set out in clause 4.1, the Working Week limit shall apply with immediate effect.

5. The Law

5.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. 

Please select below confirmation of your decision to agree  or refusal to the 48 Hour opt out agreement.

Acceptance – 48 hour opt out agreement

If you agree to the 48 hour opt out agreement , You understand the 48 hour working week limit will not apply and you are free to accept additional hours which may exceed 48 hours in a working week. As a reminder, under the terms of your contract for services agreement, you are free to accept or reject an assignment or additional hours offered.    

Refusal – 48 hour opt out agreement

By selecting below you confirm your decision to refuse the 48 Hour opt out agreement. You understand the 48 hour working week limit will apply and you must not exceed this without first returning to our offices and completing the acceptance section of the 48 hour opt out agreement. 

The Road Transport (Working Time) Regulations (RTWT) requires employment businesses to maintain records of the Working Time of the mobile workers who are involved in operations subject to EU drivers hours rules. An employment business is obliged to ensure that the working time limits specified below are complied with for a temporary workers they engage:

Summary of the RTWT Regulations

In summary the RTWT regulations provide for the following:

• Mobile drivers (such as HGV drivers and crew) are subject to a maximum Working Time of 48 hours per week over a default 17 week reference period; this default reference period may be changed to a rolling reference period and extended to 26 weeks in certain circumstances

• There is a maximum weekly limit of 60 Hours Working Time

• There is a maximum of 10 hours night worh within each 24 hour period. Night time is defined as a midnight to 04:00am ( for goods vehicles and 01:00am and 05:00am (for passenger vehicles). This maximum may be extended in certain circumstances.

• Rest periods: Mobile workers must take the following breaks: 30 minutes after 6 hours Working Time and 45 minutes for over 9 hours Working Time. It is important to note that EU Drivers Hours breaks and rest periods still apply.

How we calculate your average Working Time

We will calculate your average Working Time over a 17 week calendar reference period. The reference period we will use begins on midnight on the nearest Monday morning on or after 1 April, 1 August and 1 December each year and ending at midnight at the beginning of the nearest Monday falling on or after 17 weeks of these dates. If we decide to operate a 26 week rolling reference period we will confirm this in writing to you,

Your responsibilities

It is your responsibility to inform us of all your Working Time during the reference periods we use and to keep us updated as to any additional Working time you undertake for other employers or employment businesses for these purposes during an assignment.

It is also your responsibility to accurately record your Working Time during an assignment.

RTWT Regulations have been introduced to protect and safeguard the health and safety of mobile worker, other road users and the public.

A mobile worker also has a responsibility for complying with the regulations. If the mobile worker knowingly breaks the rules (eg neglects to inform their employer or employment business about other work, or knowingly makes a false record), then they will be committing a criminal offence and may be subject to a fine on conviction of up to £5000. (Regulation 18 of the RTWT Regulations).

The RTWT Regulations require that all work undertaken for other employers must be taken into account when we calculate your Working Time during the televant reference period. Both transport and non-transport work must be taken into account.

Accordingly, please provide details of Working Time undertaken for any other employers or employment businesses during the current 17 week reference period. See above for the dates of the relevant 17 week reference period.See above for the dates of the relevant 17 week reference period.

Both transport and non-transport working time must be declared. If you are engaged charitable or voluntary work, or work for the TA, fire service or police you must inform us and you should fill out the chart below as if you were engaged in other work, even though we may exclude time spent on such activities from our calculation of your Working Time

*A copy of the Working Time Regualtions , including a table to help you keep track & enable you to inform us will be sent to you via docusign *

Please complete one of the following two declarations:

I declare that: I have accurately detailed all my Working Time during the current reference period in the provided chart and that it is true and correct to the best of my knowledge; As stated I AM NOT / I AM ( please select below which applies to you) currently engaged in any work, other than for Driving Force which needs to be included in the calculations of my Working Time under the RTWT Regultions; and I will keep Driving Force informed in writing as to the details of Working Time undertaken for other employers or employment businesses on a weekly basis; and I will inform Driving Force immediately of there are any changed to my situation which impacts on my working time 

1.1. In these Terms the following definitions apply:

“Actual Rate of Pay” means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, as set out in the relevant Assignment Details Form;

“Actual QP Rate of Pay” means the rate of pay which will be paid to the Agency Worker if and when s/he completes the Qualifying Period, as set out in any variation to the relevant Assignment Details Form; 

"Assignment”                             means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;;

“Assignment Details Form”     means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment

“AWR”                                         means the Agency Workers Regulations 2010 and/ or the Agency Workers (Northern Ireland) Regulations 2011;

“Calendar Week”                       means any period of 7 days starting with the same day as the first day of the First Assignment

“Conduct Regulations”             means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and/ or the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005;

“Confidential Information”      means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

“Control”                                     means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;

“Data Protection Laws”            means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data

“Deductions”                             means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;;

“Emoluments”                           means any pay in addition to the Actual QP Rate of Pay; 

“Employment Business”          means Driving Force Recruitment Limited (registered company no. 06538808) trading as Driving Force of 1-3 Bath Hill, Keynsham, Bristol, England, BS31 1EB;

 “Engagement”                          means the engagement (including the Agency Worker’s acceptance of the Hirer’s offer), employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis,                                                                         whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and                                                      “Engaged” shall be construed accordingly

“First Assignment”                    means:

                                                    (a) the relevant Assignment; or

                                                    (b) if, prior to the relevant Assignment:

                                                            i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

                                                            ii. the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant                                                                  Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);  

“Hirer”                                        means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;

“Hirer's Group”                         means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership,                                                                  statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006; 6;

“Hourly Rate”                            means National Minimum / Living Wage as applicable being the minimum gross rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;

“Leave Year”                              means the period during which the Agency Worker accrues and may take statutory leave commencing on the date that the Agency Worker starts an Assignment or a series of Assignments and runs until the anniversary of that date

“Part Year Worker”                   means a worker who in relation to a leave year, under the terms of their contract, is required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they                                                         are not paid as defined under Regulation 15F (1) b WTR 1998;

“Period of Extended Hire”      means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee; 

“Qualifying Period”                  means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role,                                                      and as further defined in the Schedule to these Terms; 

“Relevant Period”                     means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency                                                          Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment; 

“Temporary Work Agency”     means as defined in the Schedule to these Terms;

“Terms”                                      means these terms of engagement (including the attached schedule) together with any applicable Assignment Details Form;

“Transfer Fee”                           means the fee payable by the Hirer to the Employment Business in accordance with clause 7, as permitted by Regulation 10 of the Conduct Regulations; 

“Type of Work”                          means Industrial (See Appendix for job roles you may be considered for dependent on your skill set)

“WTR”                                         means the Working Time Regulations 1998 and/ or the Working Time Regulations (Northern Ireland) 1998.

                                                   1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

                                                   1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

                                                   1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all                                                             subordinate legislation made (before or after these Terms) under it from time to time.  

2. THE CONTRACT

                                                    2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the                                                                   Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.

                                                   2.2. During an Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is                                                                 required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker,                                                             and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

                                                   2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5                                                                         business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

                                                   2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 or in the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981) (as amended) when introducing or supplying the                                                                         Agency Worker for Assignments with its Hirers. 

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

                                                    3.1. The Employment Business will endeavor to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.

                                                    3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available, and whilst on an assignment the Agency Worker’s hours of work under this contract will at all times be wholly or mostly variable in accordance with the definition of an Irregular Hours Worker under the WTR and agrees that:

                                                            3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and

                                                            3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker.

                                                    3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following: For the purposes of the Conduct Regulations:

                                                           3.3.1. the identity of the Hirer, and if applicable the nature of their business;

                                                           3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;

                                                           3.3.3. the Type of Work, location and details of hours during which the Agency Worker would be required to work;

                                                           3.3.4. the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker;

                                                           3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks;

                                                           3.3.6. what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment; and For the purposes of Section 1 of the Employment Rights Act:

                                                           3.3.7. any other paid leave such as maternity, paternity or adoption leave;

                                                           3.3.8. the details of pension entitlements and pensions schemes; and

                                                           3.3.9. any other benefits.

                                                    3.4. Where the Employment Business does not give such information in paper form or by electronic means it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except                                                                where:

                                                         3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 days and such information has already been given to the Agency Worker and remains unchanged; or                                                             3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written                                                                                  confirmation of the identity of the Hirer and the likely duration of the Assignment.

                                                  3.5. Where the provisions of clause 3.4 are met but the assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8                                                                days of the start of the assignment.

                                                  3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first                                                                      Assignment.

                                                  3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the                                                                  Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition the Employment Business                                                              will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within                                                                the Relevant Period.

                                                  3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the                                                                  duration of working time, night work, rest periods and/or rest breaks under the AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment                                                                        Details Form or any variation to the relevant Assignment Details Form (as appropriate).  

4. AGENCY WORKER’S OBLIGATIONS

                                       4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the Agency Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:

                                                4.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;

                                                4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;

                                                4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;

                                                4.1.4. not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by                                                                         either the Employment Business or the Hirer; 

                                                4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Hirer's staff;

                                                4.1.6. not at any time tell or give to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions or finances;

                                                4.1.7. within 48 hours on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in                                                                               connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing. 

                                       4.2. If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency                                                       Worker undertakes to:                                                     

                                                4.2.1. inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third                                                               party and which the Agency Worker believes count or may count toward the Qualifying Period;

                                                4.2.2. provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and

                                                4.2.3. inform the Employment Business if s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in                                                                           accordance with Regulation 9 of the AWR because s/he has:

                                                          4.2.3.1. completed two or more assignments with the Hirer;

                                                          4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or

                                                          4.2.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.

                                        4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment                                                        Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.

                                        4.4. If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.

                                        4.5. The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to                                                            breach any Data Protection Laws

                                        4.6. The Agency Worker acknowledges that any breach of his/her obligations set out in these terms may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.  

5. TIMESHEETS

                                        5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number                                                    of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer. Save where alternative agreements are in place and documented within the relevant Assignment Details Form.

                                        5.2. Subject to clause 5.3 the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.

                                        5.3. Where the Agency Worker fails to submit a properly authenticated timesheet or have failed to follow the required process as detailed within the relevant Assignment Details Form, the Employment Business shall, in a timely fashion, conduct further investigations into the                                                        hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not                                                        worked.

                                        5.4. For the avoidance of doubt and for the purposes of the WTR, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart                                                  from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details                                                    Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the AWR.  

6. PAY AND DEDUCTIONS

                                         6.1. For each Assignment the Employment Business shall pay to the Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.

                                         6.2. If the Agency Worker has completed the Qualifying Period on the start of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker the Actual QP Rate of Pay which                                                       will be notified on a per Assignment basis and set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form:

                                         6.3. The Hourly Rate, Actual Pay of Rate or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed Emoluments.

                                         6.4. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual leave) and 8 (Sickness absence) below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer                                                     for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

                                         6.5. Subject to compliance with Regulation 12 of the Conduct Regulations the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any                                                     overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.

                                         6.6. If the Employment Business provides any equipment or clothing to the Agency Worker to be used in the course of an Assignment with the Hirer, the Agency Worker must take reasonable care of the equipment or clothing. Furthermore the Agency Worker must return any                                                     equipment or clothing to the Employment Business upon termination of the Terms or within 48 hours of the end of an assignment or upon a request from the Employment Business. In the event that the Agency Worker does not comply with the obligations set out in this                                                     clause, the Employment Business reserves the right to deduct the cost of replacement equipment or clothing from any sums owed to the Agency Worker. A schedule of items issued and the associated liability will be issued to you upon provision of an item. The question of                                                   whether you have taken reasonable care of the equipment or clothing will be solely assessed by the Company’s reasonable judgement. 

7. ANNUAL LEAVE

                                          7.1. Subject to clause 7.3, the Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks, inclusive of bank holidays.

                                          7.2. The Agency Worker’s entitlement to payment for annual leave under clause 7.1:

                                                  7.2.1. accrues in proportion to the amount of time worked by him/her on Assignment during the Leave Year. The Agency Worker does not accrue annual leave when s/he is not on an assignment.

                                                  7.2.2. Will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 relating to Agency Workers defined under the regulations as Irregular Hours or Part-Year workers.                                                               7.2.2.1. at minimum of 12.07% of hours worked

                                                             7.2.2.2. at the average remuneration for all hour’s worked on which holiday has been accrued in the preceding 52 weeks worked on assignments

                                          7.3. Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the WTR and in accordance with clauses 7.1 and 7.2. If this is the case,                                                    any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.

                                          7.4. The Agency Worker is responsible for ensuring that they request and take all paid annual leave within the leave year. The Agency Worker must take all annual leave during the Leave Year in which it accrues and, except as may be set out in the relevant Assignment Details                                                      Form or any variation to the relevant Assignment Details Form, the Agency Worker may not carry any annual leave forward to the next year.

                                         7.5. If the Agency Worker wishes to take paid annual leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of annual leave that s/he wishes to take.                                                     In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take                                                     paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the                                                       Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.

                                          7.6. Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency                                                                Worker has worked on Assignment.

                                          7.7. Subject to clause 7.3, during any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year.

                                          7.8. Except where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment                                                        for leave in accordance with clause 7.2 or clause 7.3 (if applicable), the Agency Worker may, upon giving the notice in clause 7.5, take a bank holiday or other public holiday as part of his/her paid annual leave entitlement.

                                          7.9. Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment                                                    Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker. If, following such deduction the Agency Worker owes further monies in respect of pay received for annual leave taken but not accrued at the time of                                                              Termination, the Agency Worker will repay such monies within 5 days of termination of these Terms. 

8. SICKNESS ABSENCE

                                          8.1. The Agency Worker may be eligible for Statutory Sick Pay (SSP) provided that s/he meets the relevant statutory criteria.

                                          8.2. The Agency Worker must give the Employment Business evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.

                                          8.3. For the purposes of SSP there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.

                                          8.4. If the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion                                                          determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess                                                               whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

                                         8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to                                                                   accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate. 

9. TERMINATION

                                         9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

                                         9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. If the contract between the Employment Business and the Hirer is                                                         terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (except for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

                                         9.3. If the Agency Worker does not tell the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with                                                             clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.

                                         9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to                                                         which the Agency Worker was assigned is no longer available

                                         9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 12 weeks, these Terms will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.

                                         9.6. On the termination of these Terms with the Agency Worker, the Employment Business will pay the Agency Worker all holiday accrued but not taken during the Assignment in accordance with WTR. 

10. INTELLECTUAL PROPERTY RIGHTS

                                         10.1 The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all                                                            such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.

11. CONFIDENTIALITY

                                          11.1. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:

                                                   11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the                                                                              Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;

                                                   11.1.2. to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her                                                                        during the course of the Assignment; and

                                                   11.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall                                                                          belong to the Hirer or the Employment Business as appropriate.  

12. DATA PROTECTION

                                            12.1. The Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data                                                              Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.

                                            12.2. Where the Employment Business processes personal and special category data relating to the Agency Worker, it will do so in accordance the General Data Protection Regulation and the legal bases for processing data in accordance with the Company’s privacy notice                                                              which will be made available to the Agency Worker. 

13. SEVERABILITY

                                            13.1 If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by                                                                   applicable laws. 

14. NOTICES

                                             14.1 All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has                                                          notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.

15. RIGHTS OF THIRD PARTIES

                                              15.1 None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

16. GOVERNING LAW AND JURISDICTION

                                                16.1 These Terms are governed by the law of England & Wales/Scotland/ Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland. 16.2 By entering my electronic signature to this agreement, I intend to be                                                                 bound by these terms. 

For the purpose of the definition of "Qualifying Period" in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:

(a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;

(b) the break is:

     (i) for any reason and not more than six Calendar Weeks;

     (ii) wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph(iii) does not apply; and, if required to do so by the Employment Business, the Agency Worker has provided such written medical                    evidence as may reasonably be required;

     (iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks             of pregnancy) or, if earlier, when the Agency Worker returns to work;

     (iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:

           i. ordinary, compulsory or additional maternity leave;

           ii. ordinary or additional adoption leave;

           iii. ordinary or additional paternity leave;

           iv. time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or

           v. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;

     (v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

     (vi) wholly due to a temporary cessation in the Hirer's requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Hirer;

     (vii) wholly due to a strike, lock-out or other industrial action at the Hirer's establishment; or

     (viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and

(c) the Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of "Qualifying Period".

"Temporary Work Agency" means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:

    (a) supplying individuals to work temporarily for and under the supervision and direction of hirers; or

    (b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.

Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers.

For the purpose of this definition, a "hirer" means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person. 

Your personal data is required by law (e.g. under Prevention of Illegal Working Act 2006, Health and Safety Executive, HMRC, Recruitment and Employment Confederation) and/or contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not, the work finding services will not be provided to you.

It is your responsibility to ensure you are aware of the maximum height of your vehicle and any height restrictions on your chosen route and any loading areas. You MUST NOT under any circumstances attempt to pass under a restricted area unless you are sure. If the height of your vehicle is not displayed in your cab YOU MUST report to the traffic office to get this information before leaving the yard.

When driving for any of our clients you will be responsible for any payment of fines imposed by an approved authority E.G Police/Traffic Wardens in the time you are responsible for the vehicle. Driving Force is legally obligated to notify the authority of your name and address and in most circumstances will pay the fine providing you sign and agree to have this amount deducted from your pay.

I understand the company will ask the DVLA for my driver record information, as and when they require, for the purpose of work finding services. It will do so in accordance with the General Data Protection Regulation and the legal bases for processing data in accordance with the Company’s privacy notice.

I consent for my contact data to be used by Driving Force Recruitment Limited for the purposes of marketing services, additional to those of recruitment and training, which may be offered by Driving Force Recruitment, their subsidiaries and/or third-party suppliers. This consent will remain valid for the same periods detailed within our privacy notice according to your status, save where you exercise your rights to withdraw this consent. Where you have consented to marketing you have the right to withdraw that consent at any time by unsubscribing on marketing email or by emailing Data Protection Officer dpo@driving-force.co.uk

I give my full consent for the above-named company to provide details of my employment to Driving Force Recruitment Ltd, including: dates of employment, accident record, customer service record, absenteeism record. I understand that my data will be processed accordingly in line with Driving Force’s privacy notice.

I confirm that all personal information completed and inputted by myself is True and Factual. I confirm that any documents used to confirm my identity and any relevant qualifications are originals and have not been tampered with in anyway and represent a True Likeness to myself. 

Driving Force’s policy is to recruit, employ and promote people on the basis of their suitability for the work to be performed. To this end, we aim to ensure that no applicant or employee receives less than favourable treatment on the grounds of age, sex, disability, creed, colour, race, or is disadvantaged by conditions or requirements which cannot be shown to be justifiable. PLEASE NOTE: To assist with the continuing implementation and monitoring of this policy, applicants for posts with the group are asked to provide the information as requested below. This information will solely be used for monitoring purposes.

The information that you provide on this application and on any CV given will be used by Driving Force to provide you employment finding services. In providing this service to you, you understand your data will be processed accordingly in line with Driving Force’s privacy notice. Driving Force may check the information collected, with third parties or with other information held by Driving Force. Driving Force may also use or pass on certain information to third parties to prevent or detect crime, to protect public funds or in other ways permitted or required by law.

Worker: The agency workers regardless of the contract they may be engaged in.

Hirer: The party, being either the client of end user, to whom you are supplied temporarily under an assignment and under whose supervision, direction and control you work.

Equal Opportunities

Driving Force are committed to treating everyone equally and will not discriminate on the grounds of an individual’s “protected characteristic” under the Equality Act 2010 (the Act). We will not discriminate on the grounds of an individual’s membership or non-membership of a Trade Union and all workers have an obligation to respect and comply with this policy. As a business Driving Force embraces diversity and aims to promote the benefits of diversity in all of our business activities.

Whilst representing Driving Force on temporary assignment, you must conduct yourself in an appropriate manner and ensure that you do not discriminate against another person or engage in any conduct which may result in discrimination, harassment, bullying or the victimisation of another individual which will not be tolerated. For the avoidance of doubt, the following passages highlight areas of the Equality act 2010 which you are expected to abide by.

Protected Characteristic

The Equality Act 2010 makes it unlawful to discriminate against people with a ‘protected characteristic, those protected characteristics are listed and defied below:

• age

• being or becoming a transsexual person

• being married or in a civil partnership

• being pregnant or on maternity leave

• disability • race including colour, nationality, ethnic or national origin

• religion, belief or lack of religion/belief

• sex / sexual orientation

Age

The Act protects people of all ages. Age is the only protected characteristic that allows the Hirers or Driving Force to justify direct discrimination.

Disability

Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and longterm adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public transport.

The Act includes protection from discrimination arising from disability. This states that it is discrimination to treat a disabled person unfavourably because of something connected with their disability.

Gender reassignment

The Act provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender. The Act no longer requires a person to be under medical supervision to be protected – so a woman who decides to live as a man but does not undergo any medical procedures would be covered.

Marriage and civil partnership

The Act protects workers who are married or in a civil partnership against discrimination. Single people are not protected.

Pregnancy and maternity

A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination.

Race

For the purposes of the Act ‘race’ includes colour, nationality and ethnic or national origins.

Religion and belief

In the Equality Act, religion includes any religion. It also includes a lack of religion, in other words Workers are protected if they do not follow a certain religion or have no religion at all. Additionally, a religion must have a clear structure and belief system. Belief means any religious or philosophical belief or a lack of such belief. To be protected, a belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour. Denominations or sects within a religion can be considered a protected religion or religious belief. Discrimination because of religion or belief can occur even where both the discriminator and recipient are of the same religion or belief.

Sex

Both men and women are protected under the Act.

Sexual orientation

The Act protects bisexual, gay, heterosexual and lesbian people.

Discrimination can come in more than one form, when you are speaking to individuals you need to be aware of what topics you choose to share within your working environment in order not to offend others and pose a risk of discrimination. All protected characteristics are relevant in association to discrimination:

Direct discrimination

Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have or because they associate with someone who has a protected characteristic

Example

Paul, a senior manager, turns down Angela’s application for promotion to a supervisor position. Angela, who is a lesbian, learns that Paul did this because he believes the team that she applied to manage are homophobic. Paul thought that Angela’s sexual orientation would prevent her from gaining the team’s respect and managing them effectively. This is direct sexual orientation discrimination against Angela.

Discrimination by association

This is direct discrimination against someone because they associate with another person who possesses a protected characteristic.

Example

June works as a project manager and is looking forward to a promised promotion. however, after she tells her boss that her mother, who lives at home, has had a stroke, the promotion is withdrawn. This may be discrimination against June because of her association with a disabled person.

Perception discrimination

This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.

Example

Jim is 45 but looks much younger. Many people assume that he is in his mid 20s. he is not allowed to represent his company at an international meeting because the Managing Director thinks that he is too young. Jim has been discriminated against on the perception of a protected characteristic.

Indirect discrimination

Indirect discrimination can occur when you have a condition, rule, policy or even a practice within Driving Force that applies to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if you can show that you acted reasonably in managing the situation, ie that it is ‘a proportionate means of achieving a legitimate aim’.

A legitimate aim might be any lawful decision you make in running your business or organisation, but if there is a discriminatory effect, the sole aim of reducing costs is likely to be unlawful. Being proportionate really means being fair and reasonable, including showing that you’ve looked at ‘less discriminatory’ alternatives to any decision you make. Annex 1 contains an example of indirect discrimination.

Example

A small finance company needs its staff to work late on a Friday afternoon to analyse stock prices in the American finance market. The figures arrive late on Friday because of the global time differences. During the winter some staff would like to be released early on Friday afternoon in order to be home before sunset – a requirement of their religion. They propose to make the time up later during the remainder of the week. The company is not able to agree to this request because the American figures are necessary to the business, they need to be worked on immediately and the company is too small to have anyone else able to do the work. The requirement to work on Friday afternoon is not unlawful indirect discrimination as it meets a legitimate business aim and there is no alternative means to available.

Dignity at work

As part of its overall commitment to equal opportunities, Driving Force are fully committed to promoting a harmonious working environment. All workers have the right to be treated with respect and dignity, in an environment free from harassment, victimisation and bullying, whether it is related to disability, race, gender, health, social class, sexual preference, marital status, nationality, religion, employment status, age or membership or Non-membership of a trade union.

Harassment

Harassment is “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.

Harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership. Workers will now be able to complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. Workers are also protected from harassment because of perception and association (see page 3). See Annex 1 for some examples of harassment.

Example

Steve is continually being called gay and other related names by a group of employees at his work. Homophobic comments have been posted on the staff noticeboard about him by people from this group. Steve was recently physically pushed to the floor by one member of the group but is too scared to take action. Steve is not gay but heterosexual; furthermore the group know he isn’t gay. This is harassment because of sexual orientation.

Bullying

Bullying means any unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. It is not necessarily always obvious or apparent to others, and may happen in the workplace without a hirer’s or gap personnel’s awareness.

Bullying can be between two individuals or it may involve groups of people. It might be obvious or it might be insidious. It may be persistent or an isolated incident. It can also occur in written communications, by phone or through email, not just face-to-face.

Examples of bullying behaviour could include:

• spreading malicious rumours, or insulting someone

• exclusion or victimisation

• unfair treatment

• deliberately undermining a competent worker by constant criticism.

Victimisation

Victimisation occurs when a worker is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act; or because they are suspected of doing so. A worker is not protected from victimisation if they have maliciously made or supported an untrue complaint. A complainant will not need to compare their treatment with that of a person who has not made or supported a claim under the Act. See Annex 1 for an example of victimisation.

Example

Anne makes a formal complaint against her manager because she feels that she has been discriminated against because of marriage. Although the complaint is resolved through the organisation’s grievance procedures, Anne is subsequently ostracised by her colleagues, including her manager. She could claim victimisation.

The holiday year runs from 1St July to 30th June Inclusively.

All Holidays should be taken within the current holiday year and any not taken will be lost. It is your responsibility to make sure that all holidays accrued are used.

All Holidays should be requested 1 week in advance using the Holiday form which can be requested from your branch contact.

Please note that Holidays will be paid out at a maximum of 5 days within the working week. This is also dependant on number of days worked within that week.

or example: If 2 days worked within the working week then maximum 3 days holiday will be paid out (Subject to Accrual).

As a business, Driving Force pay a standard 8 hours for each day paid out.

Welcome to Driving Force. Our aim is to make your working experience as easy as possible. Whilst you are working for our clients you are representing Driving Force so please follow the guidelines below.

• Arrive on time for the start of your shift

• Always take licences, hi viz and safety footwear with you.

• Be polite and courteous at all times.

• Keep in contact with the depot, please alert them of any delays/ changes etc throughout the day.

• Please ensure you adhere to all Drivers Hours laws and regulations

• Please ensure you complete Vehicle checks prior to driving the vehicle, any defects must be reported to the transport office.

• Please report any accidents / incidents as soon as they occur to both Driving Force and the client you’re working for.

• Our working week is Sunday to Saturday, unless stated otherwise. All timesheets/hours worked must be received by Monday 10am at the latest, failure to do so will result in delayed payment.

This is YOUR RESPONSIBILITY and not for Driving Force to chase.

• You will receive your wages on a Friday, one week in arrears.

• It is your responsibility to inform Driving Force of any changes to your licences, address, bank details or circumstances. 

Employment Business Name: Driving Force Recruitment Ltd 

Your Employer: Driving Force Recruitment Ltd

Type of Contract: Contract for Services.

Who will be responsible for paying you: Driving Force Recruitment Ltd

Intervals at which you will be paid: Weekly, in arrears. Payments are made on a Friday.

Tax Overview – 2024-2025

Band                               Taxable Income                                     Tax rate

Personal Allowance      Up to £12,570                                        0%

Basic rate                       £12,571 to £37,700                               20%

Higher rate                    £37,701 - £125,140                                40%

Additional rate              Over £125,140                                       45%

Ni Overview – 2024-2025

• You pay national insurance contributions if you earn more than £242 a week;

• You pay 8% of your earnings above this limit and up to £967 a week;

• The rate drops to 2% of your earnings over £967 a week.

All workers are automatically enrolled into our pension scheme, as per our legal requirements, after a 12-week postponement. The deductions are calculated at 5% of earnings over £120 per week up to £967. Your employer will also contribute 3%. 

Any fees for goods or services: No fees for goods or services are intended at this point. Formal written agreement would be entered in to detailing the fees for any goods or services prior to the provision.

Signature. 

The information you give will be treated in confidence and only taken into account where, in the reasonable opinion of Driving Force the offence is relevant to the post for which you are applying.

In your answer please include - 

• Date of conviction
• Conviction Details
• Outcome

*A conviction will become spent after a ‘rehabilitation period’. A list of these periods is attached and will depend on the sentence received in Appendix 1.

The attached DBS checks: eligibility guidance in Appendix 3 explains who is eligible for DBS checks but anyone doing such work must disclose spent and unspent convictions (subject to the filtering rules). If this is relevant to work that you are seeking please list all criminal convictions (spent and unspent) and their dates below, subject to the filtering rules. If this section does not apply to you please write ‘not applicable’

If this applies please include the following in your answer below - 

• Date of conviction
• Conviction Details
• Outcome

1- You MUST be named on the account in which you provide for your pay. 

2- It is your responsibility to provide us with the correct bank information this will also ensure there are no issues in receiving your pay. 

3- We will call you to verify these details verbally.