You agree to let Synergise Recruitment Solutions Ltd know if you have any medical conditions that may prevent you from carrying out work safely.
You agree to notify Synergise Recruitment of any changes to your health that may impact your ability to carry out work safely.
You agree to notify Synergise Recruitment you have any pending criminal convictions.
You confirm that you have the right to live and work in the UK.
You agree to notify Synergise Recruitment Solutions Ltd of health and safety hazards that you encounter while on site.
You agree to notify your line manager on site of any potential health and safety hazards.
GDPR Consent: I accept that Synergise Recruitment Solutions Ltd holds personal data about me and I hereby consent to the processing by the company or any associated company of my personal data for any related purpose to the performance of my contract of employment or my continuing employment or its termination or the conduct of the company’s business. Including but not limited to, payroll, human resources and business continuity planning purposes. I also Explicitly consent to the company or any associated company processing any sensitive personal data relating to me, for example sickness absence records, medical reports, particular health needs, details of criminal convictions and equal opportunities monitoring data, as necessary for the performance of my contract or my continuing employment or its termination, or the conduct of the company’s business. Finally, I consent to the company providing my personal data to a third party where this is necessary for the performance of my contract of employment, such as a pension provider, third party payroll company, insurance companies or local business that may be looking for contractual workers. Full GDPR policy available up on request.
Health and Safety Policy: Our Company has a general duty to ensure, so far as is reasonably practical, the health, safety and welfare at work of you, the Temporary Worker, engaged under a Contract for Services. As you will normally be working at the premises of a client of the Company, you should always comply with the Health and Safety Policy of the client in addition to the general information herewith attached. The Company, where practical, will supply you, prior to the assignment, with a copy of the Health and Safety Policy of the client. Where it is not supplied, you should ask to see a copy at the client’s premises. You should carry out your own risk assessment of your activities to identify any significant hazards under your control which are likely to affect yourself or others. You should report to the Company any accident to yourself, or others, connected with your activities. This is in addition to complying with the client’s own rules.
Working Practices: You must not operate any item of equipment unless trained and authorised to do so. You must not remove any guarding from equipment used or deviate from your authorised usage of the equipment. You must immediately report any equipment defect, and never attempt repair. You must undertake all duties as instructed and never deviate.
Working Conditions/Environment: You must make proper use of all equipment and facilities provided to control working conditions/environment. You must ensure you keep your work areas clean/tidy. You must dispose of waste/scrap in the appropriate receptacles. You must comply with all hazard/warning signs and notices displayed on the premises.
Protective Clothing & Equipment: You must wear protective equipment where required. You must never obstruct any fire escape route, fire equipment or doors. Accidents: You must see the first aider for any injury you may receive, irrespective of how minor, and ensure details are entered into the accident book. You must report any incident in which damage is caused to property.
Health: You must report any medical condition which could affect the safety of yourself or others. You must not become involved with practical jokes. You must follow all rules pertaining to no smoking areas.
I have read and understand Synergise Recruitment Solutions Ltd company policies.
This document contains the key information which applies in our relationship. Further information can be found in Assignment Detail.
You also have the right to raise any concerns with the appropriate independent authority Employment Agency Standards Inspectorate on 020 4566 5333
Employment Business name and address: Synergise Recruitment Solutions Ltd.
Type of contract: Contract of service
Who will pay you Synergise Recruitment Solutions Ltd.
Rate of pay As per your assignment detail but not below the National Minimum Wage Intervals at which you will be paid Weekly on a Friday.
Costs and deductions required by law which affect your pay: Tax & National Insurance
Other costs and deductions that affect your pay: N/A
The amount (or where the amount cannot be stated, the method of calculation) of any other costs and deductions affecting your pay: N/A
Services or goods for which charge a fee to you: N/A
The amount (or where the amount cannot be stated, the method of calculation) of any fees for services or goods for which we charge a fee to you: N/A
Non-monetary benefits to which you are entitled: N/A
Holiday entitlement 5.6 Weeks
Holiday pay Accrued at a minimum of 12.07% of hours worked and paid at a rate equal to your average hourly rate of pay over the previous 12 months. Limited to the amount accrued.
I agree, by providing a signature on this document, that I both understand and agree that the terms and conditions of engagement are both reasonable and I irrevocably agree to the terms and conditions of engagement with Synergise Recruitment Solutions Ltd.
1 Interpretation
1.1 The definitions and rules of interpretation in this clause apply to this agreement.
Assignment: the temporary services to be carried out by the Temporary Worker for the Client, as more particularly described in clause 3 and in the Key Information Document.
AWR 2010: The Agency Workers Regulations 2010 (SI 2010/93).
Booking Placement Form: written confirmation of the detail of a particular Assignment to be given to the Temporary Worker on acceptance of that Assignment, attached at the Schedule. Also known as the Key Information Document.
Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
Calendar Week: shall have the meaning in regulation 7(4) of the AWR 2010.
Client: the person, firm, partnership, company or Group company (as the case may be) to whom the Temporary Worker is Introduced or supplied.
Conduct Regulations 2003: The Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319).
Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, the Company for the time being confidential to the Client, the Company and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or the Company or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Temporary Worker creates, develops, receives or obtains in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential.
Engage: the employment of a Temporary Worker or the engagement directly or indirectly through any employment business other than through the Company whether for a definite or indefinite period) of a Temporary Worker as a direct result of any Introduction or Assignment to the Client and the term Engaged shall be construed accordingly.
Group: in relation to a company, that company, each and any subsidiary or holding company from time to time of that company, and each and any subsidiary from time to time of a holding company of that company. holding company: has the meaning given in clause 1.5. Introduce: the provision to the Client of information by the Company by way of a curriculum vitae or in such format as the Client may from time to time require which identifies the Temporary Worker and Introduction and Introduced shall be construed accordingly.
Introduction Fee: a fee payable by the Client to the Company in the circumstances set out in clause 4.
Other Qualifying Period Payment: any remuneration payable to the Temporary Worker (other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by a Temporary Worker and are not linked to a financial participation scheme (as defined by the AWR 2010).
Qualifying Period: 12 continuous Calendar Weeks, as defined in regulation 7 of the AWR 2010, subject always to regulations 8 and 9 of the AWR 2010.
Qualifying Period Rate of Pay: the rate of pay that will be paid to the Temporary Worker on completion of the Qualifying Period, if this rate is higher than the Rate of Pay. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to any deductions that the Company is required to make by law and to any deductions that the Temporary Worker has specifically agreed can be made.
Rate of Pay: the rate of pay that will be paid to the Temporary Worker prior to completion of the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to any deductions that the Company is required to make by law and to any deductions which the Temporary Worker has specifically agreed can be made.
Relevant Period: shall have the meaning set out in regulation 10(5) and (6) of the Conduct Regulations 2003.
Relevant Terms and Conditions: the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Temporary Worker has completed the Qualifying Period.
Required Assignment Information: shall have the meaning set out at clause 3.3.
Subsidiary: has the meaning given in clause 1.5. Temporary Worker: a worker Introduced and supplied by the Company to the Client to provide services to the Client not as an employee of the Client, who is deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010.
Temporary Work Agency: shall have the meaning set out in regulation 4(1) of the AWR 2010.
Vulnerable Person: shall have the meaning set out in regulation 2 of the Conduct Regulations 2003.
WTR 1998: The Working Time Regulations 1998 (SI 1988/1833).
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006.
1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.7 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.8 A reference to writing or written includes fax and e-mail.
1.9 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2 Agreement
2.1 These terms set out the entire agreement between the Company and the Temporary Worker for the supply of services to the Client and shall govern all Assignments undertaken by the Temporary Worker (including, for the avoidance of doubt, where the Temporary Worker undertakes an Assignment without having signed these terms). No contract shall exist between the Company and the Temporary Worker between Assignments.
2.2 For the avoidance of doubt, this agreement constitutes a contract for services and not a contract of employment between the Company and the Temporary Worker or the Temporary Worker and the Client.
2.3 For the purposes of the Conduct Regulations 2003, the Company acts as an employment business in relation to the Introduction and supply of the Temporary Worker to the Client.
3 Assignments
3.1 The Company will endeavour to obtain suitable Assignments for the Temporary Worker to perform the type of work specified in the Booking Placement Form. The Company is not obliged to offer an Assignment to the Temporary Worker and the Temporary Worker shall not be obliged to accept any Assignment offered by the Company.
3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Temporary Worker agrees that suitability of an Assignment shall be determined solely by the Company and that the Company shall incur no liability to the Temporary Worker should it fail to offer Assignments of the type of work specified in the Booking Placement Form or any other work.
3.3 Except as provided below, at the same time as an Assignment is offered to the Temporary Worker, the Company shall provide the Temporary Worker with the following information (the Required Assignment Information): (a) the identity of the Client, and if applicable the nature of its business; (b) the date the Assignment is to commence and the duration or likely duration of the Assignment; (c) the position which the Client seeks to fill, including the type of work the Temporary Worker in that position would be required to do, the location at which, and the hours during which, the Temporary Worker would be required to work; (d) the Rate of Pay and any expenses payable by or to the Temporary Worker; (e) any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and (f) the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or a professional body for the Temporary Worker to possess in order to work in the Assignment.
3.4 Where the Required Assignment Information is not given in paper form or by electronic means, the Company shall confirm it in writing or electronically as soon as possible and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to the Temporary Worker.
3.5 Unless the Temporary Worker requests otherwise, clause 3.3 will not apply where the Temporary Worker is being Introduced or supplied to the Client to work in the same position as one in which the Temporary Worker has previously been supplied within the previous five Business Days and the Required Assignment Information (with the exception of the date or likely duration of the Assignment) is the same as that already given to the Temporary Worker.
3.6 Subject to clause 3.5 and clause 3.7, where the Assignment is intended to last for five consecutive Business Days or less and the Required Assignment Information has previously been given to the Temporary Worker and remains unchanged, the Company shall provide written confirmation of the identity of the Client and the likely duration of the Assignment.
3.7 Where the provisions of clause 3.6 have been met but the Assignment extends beyond the intended five consecutive Business Day period, the Company shall provide the remaining Required Assignment Information to the Temporary Worker in paper or electronic form within eight Business Days of the start of the Assignment or by the end of the Assignment, if sooner.
3.8 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Temporary Worker will be informed of the Qualifying Period Rate of Pay if different from the Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Temporary Worker is now entitled under the AWR 2010.
3.9 If the Temporary Worker considers that they have not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Temporary Worker may raise this in writing with the Company setting out as fully as possible the basis of their concerns. The Company shall, within 28 days of receiving such request, provide the Temporary Worker with a written statement setting out:
(a) relevant information relating to the basic work and employment conditions of the workers of the Client;
(b) the factors that the Company considered when determining such basic work and employment conditions; and
(c) where the Company seeks to rely on the defence in regulation 5(3) of the AWR 2010, relevant information which:
(i) explains the basis on which it is considered that an individual is a comparable employee; and
(ii) describes the basic work and employment conditions which apply to that employee.
4 Temporary to Permanent
4.1 The Temporary Worker acknowledges that the Company will be entitled to charge the Client the Introduction Fee where: (a) the Client Engages the Temporary Worker within the Relevant Period; or (b) the Client introduces the Temporary Worker to a third party (other than another employment business) who subsequently Engages the Temporary Worker within the Relevant Period.
4.2 The Introduction Fee will not be payable in the circumstances described in clause 4.1
(a) if the Client agrees to extend the period of the Assignment for a specified period at the end of which the Temporary Worker may be Engaged by the Client without further charge.
5 Temporary Worker's Obligations
5.1 The Temporary Worker is not obliged to accept any Assignment offered by the Company. If the Temporary Worker does accept an Assignment, the Temporary Worker shall:
(a) co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;
(b) observe any relevant rules and regulations of the Client's organisation (including normal hours of work) of which the Temporary Worker has been informed or of which the Temporary Worker should be reasonably aware;
(c) co-operate with the Company in the completion and renewal of all mandatory checks;
(d) where the Assignment involves working with any Vulnerable Persons, provide the Company with copies of any relevant qualifications or authorisations including an up-to-date Disclosure and Barring Service certificate and two references which are from persons who are not related to the Temporary Worker;
(e) take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Client;
(f) not engage in any conduct detrimental to the interests of the Company or the Client; (g) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client's business.
5.2 If the Temporary Worker accepts any Assignment offered by the Company, as soon as possible before the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Company’s request, the Temporary Worker undertakes to:
(a) inform the Company of any Calendar Weeks whether before the date of commencement of the relevant Assignment or during the relevant Assignment in which the Temporary Worker has worked in the same or a similar role with the Client via any third party;
(b) provide the Company with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Company; and (c) inform the Company if before the date of the commencement of the relevant Assignment the Temporary Worker has:
(i) completed two or more assignments with the Client;
(ii) completed at least one assignment with the Client and one or more assignments with a member of the Client's Group; or (iii) worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
5.3 If the Temporary Worker is unable for any reason to attend work during the course of an Assignment, they should first inform the Company at least two hours before their normal start time. If this is not possible, the Temporary Worker should inform the Client and then the Company as soon as possible.
5.4 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why they may not be suitable for an Assignment, they shall notify the Company without delay.
6 Remuneration
6.1 Subject to the Temporary Worker submitting properly authorised time sheets in accordance with clause 7, the Company shall pay the Rate of Pay to the Temporary Worker until the Temporary Worker completes the Qualifying Period.
6.2 Subject to the Temporary Worker submitting properly authorised time sheets in accordance with clause 7, if the Temporary 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, the Company shall pay to the Temporary Worker:
(a) the Qualifying Period Rate of Pay; and
(b) the Other Qualifying Period Payments, which will be set out in the relevant Booking Placement Form.
6.3 Subject to any applicable statutory entitlement and to clause 8 and clause 9, the Temporary Worker is not entitled to receive payment from the Company or the Client for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason, unless otherwise agreed.
7 Time Sheets
7.1 At the end of each week of an Assignment (or at the end of an Assignment if it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Company a completed time sheet indicating the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.
7.2 Subject to clause 7.3, the Company shall pay the Temporary Worker for all hours worked on the Friday following the week worked by the worker regardless of whether the Company has received payment from the Client for those hours.
7.3 Where the Temporary Worker fails to submit a properly authorised time sheet, any payment due to the Temporary Worker may be delayed while the Company investigates (in a timely fashion) what hours, if any, were worked by the Temporary Worker. The Company shall make no payment to the Temporary Worker for hours not worked.
7.4 The Temporary Worker acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, for example by claiming payment for hours that were not actually worked.
8 Annual Leave
8.1 Subject to clause 8.2, the Temporary Worker is entitled to the equivalent of 5.6 weeks' paid holiday during each holiday year (including all bank holiday entitlements), calculated in accordance with and paid in proportion to the number of hours that the Temporary Worker has worked on an Assignment during the holiday year. The Company’s holiday year runs between January 1st until the 31st December. If an Assignment starts or finishes part way through the holiday year, the Temporary Worker's holiday entitlement during that year shall be calculated on a pro-rata basis rounded up to the nearest whole day.
8.2 On completion of the Qualifying Period, the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Worker's entitlement under clause 8.1. In those circumstances, the Company will inform the Temporary Worker in the relevant Booking Placement Form of any such entitlement, the date from which such entitlement will commence and how payment for such entitlement accrues.
8.3 All entitlement to annual leave must be taken during the course of the holiday year in which it accrues and no untaken holiday can be carried forward to the next holiday year.
8.4 The Temporary Worker should give double the time requested in annual leave as notice of any proposed holiday dates and these must be agreed by Kathryn Searson-Cockayne in writing in advance. The Company may require the Temporary Worker to take holiday on specific days, as notified to the Temporary Worker.
8.5 Subject to clause 8.2, in the course of any Assignment during the first holiday year, the Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary Worker's total holiday entitlement in each month of the holiday year.
8.6 At the end of the Assignment the Temporary Worker shall be entitled to be paid in lieu of accrued but untaken holiday for the holiday year in which termination takes place. 8.7 If the Temporary Worker has taken more holiday than their accrued entitlement at the end of the Assignment, the Company shall be entitled to deduct the appropriate amount from any payments due to the Temporary Worker.
9 Sickness
9.1 If the Temporary Worker is absent from work for any reason, they must notify their representative of the reason for their absence as soon as possible but no later than 17.00 on the first day of absence.
9.2 If the Temporary Worker satisfies the qualifying conditions laid down by law, they may be entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of sickness or injury during the Assignment. The Temporary Worker will not be entitled to any other payments during such period.
9.3 In all cases of absence, a self-certification form, which is available from the workers recruitment consultant, must be completed on the Temporary Worker's return to work and supplied to the workers recruitment consultant. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more, a doctor's certificate (a "statement of fitness for work") stating the reason for absence must be obtained at the Temporary Worker's own cost and supplied to the temporary workers recruitment consultant. Further certificates must be obtained if the absence continues for longer than the period of the original certificate.
9.4 The Temporary Worker's qualifying days for SSP purposes are as per the government guidelines.
10 Termination
10.1 The Company, the Client or the Temporary Worker may terminate the Assignment at any time without prior notice or liability.
10.2 The Temporary Worker acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Company and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Temporary Worker, except for payment for work done up to the date of termination of the Assignment.
10.3 Unless exceptional circumstances apply, the Temporary Worker's failure to inform the Client or the Company of their inability to attend work as required by clause 5.3 will be treated as termination of the Assignment by the Temporary Worker. 10.4 If the Temporary Worker is absent during the course of an Assignment and the Assignment has not otherwise been terminated, the Company will be entitled to terminate the Assignment in accordance with clause 10.1 if the work to which the Temporary Worker was assigned is no longer available.
11 Intellectual Property Rights
The Temporary Worker acknowledges that all Intellectual Property Rights deriving from services carried out by the Temporary Worker for the Client during the Assignment shall belong to the Client. Accordingly, the Temporary Worker shall execute all such documents and do all such acts as the Company shall from time to time require in order to give effect to the Client's rights pursuant to this clause.
12 Confidentiality
12.1 In order to protect the confidentiality and trade secrets of the Company and the Client, the Temporary Worker agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Client or the Company as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Client or the Company; or
(b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or the Company except when required to do so in the course of the Temporary Worker's duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Company, as appropriate.
12.2 The restriction in clause 12.1 does not apply to:
(a) any use or disclosure authorised by the Client or the Company or as required by law a court of competent jurisdiction or any governmental or regulatory authority;
(b) any information which is already in, or comes into, the public domain otherwise than through the Temporary Worker's unauthorised disclosure; or
(c) the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.
12.3 At the end of each Assignment or on request the Temporary Worker agrees to deliver up to the Client or the Company (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in its possession, including any data produced, maintained or stored on the Client's computer systems or other electronic equipment.
13 Data Protection
13.1 The Temporary Worker consents to the Company and the Client holding and processing data relating to them for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" as defined in the Data Protection Act 1998 relating to them including, as appropriate:
(a) information about their physical or mental health or condition to monitor sick leave and take decisions as to their fitness for work;
(b) their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
(c) information relating to any criminal proceedings in which they have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
13.2 The Temporary Worker consents to the Company and the Client making such information available to the Client, those who provide products or services to the Company (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Company or any part of its business.
13.3 The Temporary Worker consents to the transfer of such information outside the European Economic Area for purposes connected with the performance of this agreement.
14 Warranties and Indemnities
14.1 The Temporary Worker warrants that:
(a) the information supplied to the Company in any application documents is correct;
(b) the Temporary Worker has the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for the Temporary Worker to possess in order to perform the Assignment;
(c) the Temporary Worker is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling the Temporary Worker's obligations under this agreement; and
(d) the Temporary Worker has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
15 No Partnership or Agency
15.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
15.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
16 Entire Agreement
16.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2 Each party acknowledges that in entering into this agreement it does not rely on[, and shall have no remedies in respect of,] any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
16.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
16.4 Nothing in this clause shall limit or exclude any liability for fraud.
17 Third Party Rights
No one other than a party to this agreement shall have any right to enforce any of its terms.
18 Notices
18.1 Any notice given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email
18.2 Any notice shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
(c) if sent by fax, at 9.00 am on the next Business Day after transmission.
18.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
19 Severance
19.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
19.2 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
20 Governing Law & Jurisdiction
20.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
(If answering yes, please state)
(If answering yes, please state)
(If answering yes, please state)
BETWEEN
(1) Synergise Recruitment Solutions Ltd. (and its successors), a company incorporated in England and Wales under company number 14848337 and having its registered office at 22 The Terrace, Torquay, Devon TQ1 1BN (“the Company”); and
(2) The agency worker signing this agreement.
IT IS AGREED as follows
1. Interpretation and Definitions
1.1. Unless the context otherwise requires, references to the singular include the plural, and vice versa.
1.2. The headings contained in the Agreement are for convenience only and do not affect their interpretation.
1.3. In these Terms of Engagement, the following definitions apply:
1.3.1. “Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay;
1.3.2. “Assignment” means the period during which the Agency Worker is supplied by the Company to provide services to the Hirer. Each Assignment period will end when the Agency Worker ceases to be supplied to a Hirer or be available for work except where this relates to normal shift breaks or approved absences.
1.3.3. “Assignment Schedule” means the schedule or written details agreed between the Company and the Agency Worker for each Assignment containing all relevant particulars of the Assignment;
1.3.4. “AWR” means the Agency Workers Regulations 2010 (as amended from time to time),
1.3.5. “Hirer” means the person, firm or corporate body together with any subsidiary or associated company as defined by section 1159 of the Companies Act 2006 to whom the Agency Worker is supplied or introduced and includes any third party for whom the Agency Worker works pursuant to these Terms of Engagement on behalf of the Hirer.
1.3.6. “Qualifying Period” means the period as defined in Regulation 7 of the AWR for the Agency Worker to become entitled to the same basic working conditions as defined in Regulation 5 of the AWR.
1.3.7. “Relevant Period” means the later of (a) a period of 8 weeks after the last day on which the Agency Worker worked for the Hirer having been supplied by the Company; or (b) a period of 14 weeks from the first day on which the Agency Worker worked for the Hirer having been supplied by the Company 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;
1.3.8. “Terms” means the terms and conditions set out herein together with any Assignment Schedule to these terms;
1.3.9. “Type of Work” means Industrial Sector and/or GLAA Industry.
1.3.10. “WTR” – means the Working Time Regulations 1998 (as amended from time to time),
2. The Contract
2.1. These Terms are entered into on the date recorded at the end of this document and will apply until terminated in accordance with them. There is no previous service associated with these Terms.
2.2. There is no probationary period associated with these Terms.
2.3. These Terms constitute the entire agreement between the Company and the Agency Worker and supersede all previous agreements between the parties in relation to the subject matter hereof and shall govern all Assignments undertaken by the Agency Worker. These Terms shall prevail over any other terms put forward by the Agency Worker.
2.4. It is the intention of the Agency Worker and the Company that no contract (or any other form of legal obligation save for those set out in clause 13 below) shall exist between the Company and the Agency Worker between Assignments.
2.5. There are no collective agreements which affect these Terms.
2.6. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Company and the Agency Worker and set out in writing and signed by both parties. A copy of the varied Terms shall be given to the Agency Worker stating the date on or after which such varied terms shall apply.
2.7. If there is a conflict between these Terms and an Assignment Schedule, save for where expressly stated otherwise, the Assignment Schedule shall take precedence.
3. Agency Worker’s Status
3.1. During an Assignment, but not otherwise, the Agency Worker will be engaged by the Company under a contract for services.
3.2. The parties acknowledge that the Agency Worker is not an employee of the Company, and these Terms shall not give rise to a contract of employment between the Company or the Hirer and the Agency Worker.
3.3. The Agency Worker is supplied as a worker and is entitled to certain statutory rights. Nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
4. Assignments
4.1. The Company will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed type of work shown in the Assignment Schedule.
4.2. The parties agree that the Agency Worker shall not be obliged to accept any Assignment offered by the Company, and the Company shall incur no liability to the Agency Worker should it fail to offer Assignments to the Agency Worker.
4.3. The Agency Worker acknowledges that, due to the nature of temporary work, there may be periods when no suitable work is available and the Agency Worker agrees that the suitability of work shall be determined solely by the Company.
4.4. Normal working hours and days are variable and are specified in the Assignment Schedule.
4.5. 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.
4.6. The Agency Worker acknowledges that, should the Hirer or any third party introduced to the Agency Worker by the Hirer wish to engage the Agency Worker either directly or through another employment business or third party, before or during an Assignment or during the Relevant Period, the Company will be entitled to either charge the Hirer a transfer fee or to agree an extended hire period with the Hirer at the end of which the Agency Worker may be engaged directly by the Hirer or the third party or through another employment business. The Agency Worker undertakes to inform the Company immediately of any such offer of engagement.
5. Company’s Obligations
5.1. When an Assignment is offered to the Agency Worker the Company shall provide the Agency Worker with a written Assignment Schedule.
5.2. If a variation to the Assignment Schedule is agreed between the Agency Worker and the Company, the Company shall provide a copy of the Assignment Schedule confirming the agreed variation to the Agency Worker by no later than 5 business days following the day on which the variation was agreed.
5.3. An Assignment Schedule may not be provided by the Company to the Agency Worker in the following circumstances:
5.3.1. where the Agency Worker is being offered an Assignment in the same position as they have undertaken within the previous five working days and the Assignment Schedule has already been provided to the Agency Worker; or
5.3.2. where the Assignment is intended to last for 5 consecutive working days or less and the Assignment Schedule has been previously provided to the Agency Worker before and the details remain unchanged. In such situations the Company may only provide written confirmation of the identity of the Hirer and the likely duration of the Assignment. Where the Assignment subsequently extends beyond 5 working days, the Company shall provide an Assignment Schedule to the Agency Worker within 8 days of the start date of the Assignment. 5.4. Training the Agency Worker is required to complete will be stated in the relevant Assignment Schedule.
5.5. The Company will comply with its automatic enrolment duties under the Pensions Act 2008.
6. Agency Worker’s Obligations
6.1. The Agency Worker shall during every Assignment and otherwise where appropriate:
6.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction and supervision of any responsible person in the Hirer’s organisation;
6.1.2. make themselves available to the Hirer for not less than the minimum daily working hours (the Assignment Work Pattern), shown on the Assignment Schedule.
6.1.3. observe all relevant rules, policies and regulations of the Hirer site of which they are made aware, or which they might reasonably expected to ascertain;
6.1.4. take all reasonable steps to safeguard their own safety and that of any other person who may be affected by their actions during the Assignment;
6.1.5. not engage in any conduct detrimental to the reasonable interests of the Company or the Hirer including without limitation any conduct reasonably likely to bring the Company or the Hirer into disrepute, or which results in the loss of custom or business;
6.1.6. conduct themselves in a professional manner, to dress appropriately, to wear any form of identification required by the Hirer and to observe all applicable laws;
6.1.7. at the end of the Assignment or on demand, return to the Company or the Hirer as directed, all property of the Company or Hirer including but not limited to all equipment, materials, documents (including copies) and other such materials, security passes, keys, uniforms, personal protective equipment or clothing.
6.2. If the Agency Worker is unable for any reason to attend work during the course of an Assignment they should inform the Company, prior to the working day or hours. The Hirer should be contacted where contact with the Company is not possible, but the Agency Worker must also inform the Company at the first possible opportunity.
6.3. Where the Agency Worker becomes aware of any reason why they may not be suitable for an Assignment either before the commencement of or during the Assignment, they shall notify the Company immediately.
6.4. By commencing an Assignment, the Agency Worker acknowledges that they are not aware of anything, which will cause a detriment to their interests and/or the interests of the Company and/or the interests of the Hirer by being engaged in such an Assignment. The Agency Worker shall inform the Company immediately if they become aware of any circumstances which would render such engagement so detrimental. The Agency Worker will notify the Company immediately of any circumstances that might reasonably affect the willingness of a Hirer to accept their services.
6.5. The Agency Worker warrants that all information given to the Company as to their identity, permission to work in the UK, experience, training, qualifications and authorisations which the Hirer considers are necessary, or which are required by law or by any professional body to work in the position which the Hirer seeks to fill is true and complete.
6.6. Standards of behaviour required of the Agency Worker, Company procedures for managing contract termination related to the conduct and capability of the Agency Worker, and rights to appeal such decisions are detailed separately within Company procedures and will be provided on request. These do not form part of the Agency Worker’s terms and conditions and may be changed at the Company’s discretion.
6.7. Prior to commencement of any Assignment, the Agency Worker shall inform the Company if they are aware that they have worked for the Hirer (or for any company which is a parent company of, subsidiary company of, or shares an ultimate parent company with the Hirer) including via another employment business or third party at any time in the 18 calendar months up to commencement of the most recent Assignment and if so, details of when and in what role(s), including details of any breaks between periods of work, and the reasons for such breaks.
6.8. Where an Agency Worker believes that they are entitled to access to collective facilities and amenities or to be informed of any relevant vacant posts with the hirer or, having completed the Qualifying Period for an Assignment, they are entitled to but have not received the same basic working conditions (as defined in the AWR) as if they were directly recruited by the Hirer, the Agency Worker should discuss this with the Company or otherwise raise this in writing with the Company setting out the premise for the concern.
6.9. The Agency Worker acknowledges that any breach of their obligations under this clause may cause the Company to suffer loss and they agree that the Company reserves the right to make a claim for damages to recover such losses from the Agency Worker.
7. Timesheets
7.1. At the end of each week of an Assignment, unless instructed otherwise, the Agency Worker shall deliver to the Company a fully and accurately completed timesheet indicating the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
7.2. Subject to clause
7.3 the Company shall pay the Agency Worker for all hours worked regardless of whether the Company has received payment from the Hirer for those hours.
7.3. Should the Agency Worker fail to submit a properly completed or authorised timesheet, the Company shall conduct an investigation regarding the hours claimed by the Agency Worker and the reasons for the Hirer’s refusal to sign a timesheet in respect of those hours. The Company shall endeavour to complete the investigation in a timely manner however this may delay any payment due to the Agency Worker. For the purposes of the WTR, the Agency Worker’s working time shall only consist of those periods during which they undertake work for the Hirer as part of the Assignment. Subject to any amendments made to the Agency Worker’s basic working conditions during the term of this Agreement, and set out in the relevant Assignment Schedule in compliance with Regulation 5 of the AWR, time spent travelling to the Hirer’s premises, lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes, unless otherwise detailed in the Assignment Schedule.
8. Payment
8.1. The Company shall pay to the Agency Worker the rate of pay set out in the relevant Assignment Schedule which will be paid for time worked during an Assignment weekly in arrears. The hourly rate may vary but will be at least equivalent to the appropriate statutory minimum wage in force at the time for the work undertaken.
8.2. The parties acknowledge that the Company is required to make certain deductions from the Agency Worker’s pay. Pay will be subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions, any other deductions which the Company may be required by law to make and, any Agreed Deductions that the Company is entitled to make from the Agency Worker’s pay for any overpayment of wages and holiday pay.
8.3. The Agency Worker may, by virtue of having completed the Qualifying Period for an Assignment, be entitled under the AWR to an increase in their pay and other emoluments and any such variation will be notified to the Agency Worker in the Assignment Schedule.
8.4. The Agency Worker agrees to comply with any requirements of the Company and/or the Hirer relating to the assessment of the Agency Worker's performance for the purpose of determining entitlement to any element of pay including bonuses. Subject to any statutory entitlement under the relevant legislation, the Agency Worker is not entitled to receive any payment from the Company or Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
9. Statutory Paid Annual Leave
9.1. Subject to any increased entitlement pursuant to the AWR, the Agency Worker is entitled to paid annual leave for time worked during an Assignment according to the statutory minimum as amended from time to time.
9.2. Subject to any increased entitlement pursuant to the AWR, the current statutory entitlement to paid annual leave is 5.6 weeks or, where relevant, as per the appropriate statutory minimum which applies to the role that the Agency Worker is undertaking.
9.3. In the event that the Agency Worker is entitled to an increase in paid and/or unpaid annual leave, by virtue of having completed the Qualifying Period any such increase in entitlement will be notified to the Agency Worker in the Assignment Schedule.
9.4. Where the Agency Worker is a ‘part-year worker’ and/or an ‘irregular hours worker’ as those terms are defined in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, the Agency Worker’s entitlement to paid annual leave and pay for that leave will be calculated and paid in accordance with the relevant provisions of the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 which are either: 9.4.1. A minimum of 12.07% of hours worked, paid when holiday is taken (the accrual method), or 9.4.2. An additional payment of a minimum of 12.07% of remuneration for work done, calculated and paid at the same time as the payment made pursuant to clause 8.1 above (rolled-up holiday pay). The relevant method will be stated on the Assignment Schedule for each Assignment.
9.5. Agency Workers who are ‘part-year workers’ and/or ‘irregular hours workers’ paid in accordance with the accrual method are entitled to take only the leave that they have accrued at any point in time.
9.6. The Leave Year is the period of 12 calendar months during which the Agency Worker accrues and may take paid annual leave commencing on 1st January and runs until the anniversary of that date
9.7. Unless clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, paid annual leave entitlement accrues as follows: where the Agency Worker has normal working hours, in proportion to the number of normal working hours the Agency Worker works on assignments during the leave year as specified in the relevant Assignment Schedule; where the Agency Worker has no normal working hours, on all hours worked; and in either case, as may otherwise be required by legislation.
9.8. Save where clause 9.4 applies and/or unless otherwise stated in the relevant Assignment Schedule, in the course of 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.
9.9. Unless otherwise stated in the relevant Assignment Schedule, where an Agency Worker wishes to take paid leave during the course of an Assignment they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave that they wish to take. All requests MUST be submitted to Kathryn in accounts for authority via email (accounts@srsrecruitment.co.uk). Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Company 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 Company 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.
9.10. The Company 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.
9.11. Unless otherwise stated in the relevant Assignment Schedule, where a Bank or Public Holiday falls during an Assignment and the Agency Worker does not work on that day, then, subject to the worker having accrued entitlement to payment for leave, the Agency Worker may upon giving notice be paid for that day as part of his/her annual leave entitlement.
9.12. Payment for annual leave is calculated in accordance with statutory requirements by reference to the Agency Worker 's average remuneration for all hours worked on which holiday has been accrued in the preceding 52 weeks worked on assignment(s), except where 9.4.2 applies..
9.13. Unless clause 9.4 applies then subject to any increased entitlement pursuant to the AWR or as otherwise stated in the relevant Assignment Schedule, all entitlement to leave must be taken during the course of the Leave Year in which it accrues for WTD leave. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within this period.
9.14. Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued at the date of termination.
10. Statutory Sick Pay
10.1. The Agency Worker may be eligible for Statutory Sick Pay provided that they meet the relevant statutory criteria.
10.2. The Agency Worker is required to provide the Company with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a Statement of Fitness to Work (fit note), issued by an appropriately qualified healthcare professional, thereafter.
10.3. Statutory Sick Pay is not payable for the first three qualifying days in a period of incapacity for work. Qualifying days for entitlement to payment are the days on which the Agency Worker is due to work on an Assignment.
10.4. In the event that the Agency Worker submits a fit note, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Company will, in its absolute discretion, determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to return to a previous Assignment. In making such determination the Company 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. In such a case the Agency Worker’s placement in a new Assignment or return to a previous Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Schedule to accommodate any conditions identified.
10.5. If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party in respect of which damages are or may be recoverable, you shall immediately notify the Company of that fact and of any claim, settlement or judgment made or awarded in connection with it and all relevant particulars that the Company may reasonably require. You shall if required by us, co-operate in any related legal proceedings and refund to us that part of any damages or compensation recovered by you relating to the loss of earnings for the period of the Incapacity as the Company may reasonably determine, less any costs borne by you in connection with the recovery of such damages or compensation, provided that the amount to be refunded shall not exceed the total amount paid to you by us in respect of the period of Incapacity.
11. Termination
11.1. Either party may terminate an Assignment at any time without prior notice or liability. For the avoidance of doubt, and in line with clause 2.4 above, the termination of an Assignment is also the termination of these Terms..
11.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract between the Company and the Hirer. In the event that the contract between the Company and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability of the Company (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
11.3. If the Agency Worker does not inform the Company or the Hirer that they are unable to attend work during the course of an Assignment pursuant to clause 6.2 this will be treated as termination of the Assignment by the Agency Worker in accordance with Clause 11.1, unless the Agency Worker can show that exceptional circumstances prevented them from complying with his/her obligations under Clause 6.2.
11.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under Clauses 11.1 or 11.3, the Company will be entitled to terminate the Assignment in accordance with Clause 11.1 if the work to which the Agency Worker was assigned is no longer available.
11.5. If the Agency Worker does not report to the Company to notify their availability for work for a period of 3 weeks, the Company will terminate this Agreement and forward their P45 to the last known address.
12. Intellectual Property Rights
12.1. The Agency Worker acknowledges that all copyright, title and interest of whatever nature (including but not limited to copyright and patent application rights) and all other intellectual property rights deriving from work carried by them for the Hirer in connection with an Assignment shall vest in and remain the property of the Hirer throughout the world free from any interest of the Agency Worker, and the Agency Worker will do anything that the Hirer may reasonably require in order effectively to vest such rights in the Hirer or such third party as the Hirer specifies or to evidence the same (whether before or after the termination of these Terms).
13. Confidentiality
13.1. The Agency Worker may, become privy to the confidential information of the Company or any Hirer at which the Agency Worker works on Assignment.
13.2. Confidential Information shall mean any confidential information belonging to or about the Hirer or the Company, which if used by the Agency Worker other than in the course of the Assignment for the benefit of the Hirer or if disclosed to any third party either during or at any time after the termination of the Assignment would be of value or could cause damage to the Hirer or the Company whether directly or indirectly. Confidential information is confidential if it is labelled confidential, if the Hirer expressly states (whether in writing or otherwise) to the Agency Worker that the information is confidential or if the Agency Worker ought to have known that the information may be confidential.
13.3. Unless required to do so in the proper performance of their duties, the Agency Worker must not divulge or communicate to any person; use for any purposes other than those of the Company or, as appropriate, any Hirer; or cause any unauthorised disclosure, through any failure to exercise due care and attention, of any confidential information relating to the Company or any Hirer.
13.4. The Agency Worker agrees to deliver up to the Hirer or the Company (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 them during the course of an Assignment; and The restrictions under this Confidentiality Clause shall continue to apply after the termination of this Agreement without limit in point of time but shall cease to apply to information or knowledge which is ordered to be disclosed by a Court of competent jurisdiction or otherwise required to be disclosed by law or which comes into the public domain other than as a result of a breach by the Agency Worker of their obligations under this Agreement.
14. Data Protection
14.1. Where the Company processes personal and special category data relating to the Agency Worker, 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 which will be made available to the Agency Worker.
15. General
15.1. If any provision, clause or part-clause of these Terms is held to be invalid, void, illegal, or otherwise unenforceable by any judicial body, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law. Any delay by the Company in responding to any breach by the Agency Worker of this Agreement shall not be deemed nor operate as a waiver of that breach. If the Company expressly waives a breach of this Agreement by the Agency Worker, this will not constitute a waiver of any future breach.
15.2. The Company shall act as a Gangmaster (as defined in Section 4 of the Gangmasters (Licensing) Act 2004) when introducing the Agency Worker into Assignments with its Clients to which this Act applies and as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker into all other Assignments with its Hirers.
15.3. All notices which are required to be given in accordance with this Agreement 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 or 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. The Company and Agency Worker acknowledge that nothing in these Terms confer on any third party any benefit or the right to enforce any provisions in these Terms.
15.4. These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute arising from these Terms or its subject matter.
At Synergise Recruitment Solutions Ltd, we are committed to upholding high standards of conduct and performance for all agency workers. While you are not an employee of the agency, and are instead engaged under a Contract for Services, we expect professionalism at all times when representing our business and working on assignments with our clients. This procedure outlines how concerns about conduct or performance will be managed.
Scope
This procedure applies to all agency workers supplied by Synergise Recruitment Solutions Ltd under a Contract for Services.
Expectations of Conduct and Performance
You are expected to: Abide by the client’s policies, procedures, and health & safety regulations. Carry out your duties to a satisfactory standard. Maintain professional behaviour, punctuality, and reliability. Notify us promptly if you are unable to attend work. Avoid misconduct, including but not limited to: theft, violence, substance abuse, harassment, or gross negligence.
Informal Resolution
Minor concerns may be dealt with informally through a verbal discussion. You will be made aware of the issue and given an opportunity to respond. Support and guidance may be provided to help you meet the required standards.
Formal Disciplinary Process
Where informal steps are not appropriate, or where there is serious concern, we may take the following formal steps:
Investigation
An internal investigation may be conducted to understand the facts. This may involve speaking to you and others involved and gathering evidence.
Suspension from Assignment
In cases of serious alleged misconduct or gross misconduct, you may be suspended from an assignment without pay while the investigation is ongoing. Suspension does not imply guilt.
Outcome of Investigation
Following the investigation, we may take one of the following actions: No further action A verbal or written warning Removal from the current assignment Termination of your engagement with the agency The outcome will be confirmed to you in writing.
Gross Misconduct
Examples of gross misconduct (non-exhaustive): Theft or fraud Physical violence or threats Serious breach of client/site rules Attending work under the influence of alcohol or drugs Deliberate damage to property Discrimination, bullying, or harassment If found to have committed gross misconduct, your contract may be ended with immediate effect.
Right to Respond
You will be given an opportunity to respond to allegations before any formal action is taken. While there is no statutory right to appeal for agency workers, we will consider any concerns raised by you in writing within 5 working days of the outcome being issued.
Contractual Status
This procedure does not create any employment relationship. As an agency worker under a Contract for Services, your engagement may be ended at any time in line with the terms of your contract and applicable agency worker regulations.
Please sign below to acknowledge that you have both read and understood Synergise Recruitment Solutions Disciplinary Procedure.
Synergise Recruitment Solutions Ltd We want all agency workers to feel supported and treated fairly. If you have a concern or complaint about your assignment, treatment, or working conditions, please follow the steps below:
Informal Resolution
Speak to your Synergise Consultant or the Operations Director (Sean) as soon as possible. Most issues can be resolved quickly this way.
Formal Grievance
If needed, you can raise a formal grievance by emailing hr@srsrecruitment.co.uk with details of the issue, who’s involved, and how you’d like it resolved.
What Happens Next - we will:
- Acknowledge your grievance within 3 working days
- Investigate the issue fairly and promptly
- Hold a meeting to discuss the matter with you
- Confirm the outcome in writing
- Allow you to appeal if you're not satisfied with the outcome
Representation
You can bring a colleague, another agency worker, or union rep to any formal meeting.
No Detriment
You won’t be treated unfairly for raising a genuine concern.
Serious Issues
If your concern relates to modern slavery, exploitation, discrimination, or anything that puts people at risk, report it immediately to a Director or email whistleblowing@srsrecruitment.co.uk. We take all concerns seriously and aim to resolve them quickly and professionally. For help or advice, speak to your Consultant or email hr@srsrecruitment.co.uk.
Please sign below to acknowledge that you have both read and understood Synergise Recruitment Solutions Grievance Policy.
Under the Working Time Regulations 1998, you are not required to work more than an average of 48 hours per week over a 17-week reference period. However, you may voluntarily choose to opt out of this limit.
By signing below, you are indicating you agree that you may work more than 48 hours per week on average.
Important Information This opt-out is entirely voluntary – you do not have to sign it. You can withdraw your consent at any time, by providing 7 days' written notice. This agreement does not affect your rights under health and safety laws. Synergise Recruitment will maintain accurate records of your working hours in line with legal requirements.
Declaration - I confirm that:
(Only tick the below boxes if you ARE agreeing to opt-out)
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