The Workplace Regulations 1992 (as amended by the Manual Handling Operations Regulations 2004) define manual handling as any operation where a load is moved by bodily force; this includes picking up, putting down, carrying, supporting and pushing.

Every employee has a responsibility under the Health and Safety at Work Act 1974, to take reasonable care for their own health and safety and that of others who may be affected by their activities, to make proper use of equipment provided for safety and to co-operate with their employer on health and safety matters.

The Regulations are applicable to a wide range of manual handling activities involving the transportation or supporting of a load, including lifting, lowering, pushing, pulling, carrying or moving.

1. STOP AND THINK Plan the lift. Where is the load to be placed? Use appropriate handling aids if possible. Do you need help with the load? Remove obstructions such as discarded wrapping material. For a long lift, such as floor to shoulder height, consider resting the load mid-way on a table or bench in order to change grip.

2. POSITION THE FEET Adopt a stable position with feet apart and one leg slightly forward to maintain balance.

3. ADOPT A GOOD POSTURE When lifting from a low level, bend the knees. But do not kneel or overflex the knees. A slight bend of back, hips and knees is preferable to stooping or squatting, lean forward a little over the load if necessary to get a good grip. Keep the shoulders level and facing in the same direction as the hips.

4. GET A FIRM GRIP Try to keep the arms within the boundary formed by the legs. The best position and type of grip depends on the circumstances and individual preference but it must be secure. A hook grip is less tiring than trying to keep the fingers straight. If you need to vary the grip as the lift proceeds, do it as smoothly as possible.

5. KEEP CLOSE TO THE LOAD Keep the load close to the trunk for as long as possible. Keep the heaviest side of the load next to the trunk. If a close approach to the load is not possible, slide it towards you before trying to lift.

6. DON’T JERK Lift smoothly, keeping control of the load.

7. MOVE THE FEET Don’t twist the trunk when turning to the side.

8. KEEP YOUR HEAD UP When handling, look ahead, not down at the load (once it has been held securely).

9. PUT DOWN, THEN ADJUST If precise positioning of the load is necessary, put it down first, then slide into the desired position.

10. BE AWARE A worker may be at risk if he or she: · Is physically unsuited to carry out the task. · Is wearing unsuitable clothing, footwear or other personal effects. · Does not have adequate or appropriate training or knowledge.

11. MECHANICAL AIDS Provide mechanical aids if it’s reasonably practical to do so and if it will reduce or eliminate risks. Always consider using mechanical aids as they can improve productivity as well as safety. Even something as simple as a sack truck can make a big improvement.

12. FREQUENT LIFTING AND LOWERING The guideline weights shown below are for infrequent operations - up to about 30 operations per hour where the pace is not forced, adequate pauses to rest or use different muscles are possible, and the load is not supported for any length of time. Weights should be reduced if the operation is repeated more often. As a rough guide, reduce the weights by 30% if the operation is repeated once or twice per minute; by 50% where the operation is repeated five to eight times per minute; and by 80% where the operation is repeated more than 12 times per minute.

13. TRAINING Training should be provided so that safe manual handling and good handling techniques are used.

14. INDIVIDUAL CAPABILITY For the working population the guideline weights will give reasonable protection to nearly all men and between one-half and two-thirds of women. To provide similar protection to nearly all working women, reduce the guideline weights by about a third. Any operation involving more than twice the guideline weights should be rigorously assessed, even for very fit, well-trained individuals working under favourable conditions.                                        

Personnel Solutions Ltd : AGREEMENT TO CONTRACT OUT OF 48 HOUR WEEK WORKING REGULATIONS

1. This agreement is between Personnel Solutions Ltd and the workseeker (Hereinafter referred to as “The Temporary”)

2. In this agreement the following further definitions apply:-

‘Assignment’ means the period during which the Temporary is engaged to render services to a client.

‘Clients’ means the person, firm or corporate body engaging the services of the Temporary.

‘Working Week’ means an average of 48 hours calculated over a 17 week reference period.

3. The Working Time Regulation 1998 provides that the Temporary shall not work on an assignment with a Client in excess of the Working Week limit unless he/she agrees in writing that this limit shall not apply.

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

5. a) The Temporary may end an Agreement giving Personnel Solutions Ltd 1 weeks notice in writing.

    b) For the avoidance of doubts any notice bringing this agreement to an end shall not be construed as terminated by the Temporary of an assignment with a client.

    c) Upon the expiry of the notice period set out in clause 5a the Working Week limit shall apply with immediate effect.

6. It is agreed that until terminated in writing as provided above, this agreement shall remain in force and apply to all Assignments upon which the Temporary is engaged and shall be deemed incorporated into any current and all subsequent agreements entered into by Personnel Solutions Ltd with the Temporary worker.

Personnel Solutions (midlands) Ltd is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR). It applies to all employees, workers and contractors. 

Personnel Solutions (midlands) Ltd is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

Data Protection principles

We will comply with data protection law. This says that the personal information we hold about you must be: 

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told you about and limited only to those purposes.

4. Accurate and kept up to date.

5. Kept only as long as necessary for the purposes we have told you about.

6. Kept securely. 

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are “special categories” of more sensitive personal data which require a higher level of protection. We will collect, store, and use the following categories of personal information about you: 

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

• Date of birth. • Gender.

• Next of kin and emergency contact information.

• National Insurance number. • Bank account details, payroll records and tax status information.

• Salary, annual leave, pension and benefits information.

• Start date.

• Location of employment or workplace.

• Copy of driving licence.

• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).

• Employment records (including job titles, work history, working hours, training records and professional memberships).

• Performance information.

• Disciplinary and grievance information.

• Information about your use of our information and communications systems.

• Photographs. 

We may also collect, store and use the following “special categories” of more sensitive personal information:

• Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.

• Trade union membership.

• Information about your health, including any medical condition, health and sickness records.

• Genetic information and biometric data.

• Information about criminal convictions and offences. 

How is your personal information collected?

We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies. We will collect additional personal information in the course of job-related activities throughout the period of you working for us. 

How will we use information about you?

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances: 

1. Where we need to perform the contract we have entered into with you.

2. Where we need to comply with a legal obligation.

3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).

2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

• Making a decision about your recruitment or appointment.

• Determining the terms on which you work for us.

• Checking you are legally entitled to work in the UK.

• Paying you and, if you are an employee, deducting tax and National Insurance contributions.

• Liaising with your pension provider.

• Administering the contract we have entered into with you.

• Business management and planning, including accounting and auditing.

• Conducting performance reviews, managing performance and determining performance requirements.

• Making decisions about salary reviews and compensation.

• Assessing qualifications for a particular job or task, including decisions about promotions.

• Gathering evidence for possible grievance or disciplinary hearings.

• Making decisions about your continued employment or engagement.

• Making arrangements for the termination of our working relationship.

• Education, training and development requirements.

• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.

• Ascertaining your fitness to work.

• Managing sickness absence.

• Complying with health and safety obligations.

• To prevent fraud.

• To monitor your use of our information and communication systems to ensure compliance with our IT policies.

• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

• To conduct data analytics studies to review and better understand employee retention and attrition rates.

• Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.

2. Where we need to carry out our legal obligations or exercise rights in connection with employment.

3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

• We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.

• We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.

• We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We envisage that we will hold information about criminal convictions. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:

• To check suitability for employment.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

1. Where we have notified you of the decision and given you 21 days to request a reconsideration.

2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.

3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

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:

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;

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 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.

 Personnel Solutions (Midlands) Limited

CONTRACT FOR SERVICES FOR WORK-SEEKERS (TERMS OF ENGAGEMENT)

1. DEFINITIONS

1.1 In these Terms of Engagement the following definitions apply:

“Assignment” means the period during which the Work-Seeker is supplied to render services to the Hirer:

“Hirer” means the person, firm or corporate body requiring the services of the Work-Seeker together with any subsidiary or associated company as defined by the Companies Act 1985;

“Employment Business” means Personnel Solutions Ltd.

“Work-Seeker"  means person looking for temporary work and includes not only individual work-seekers but also limited company contractors who have not opted out of the regulations: 

“Relevant Period” means the longer period of either 14 weeks from the first day on which the Work-Seeker worked for the Hirer, or 8 weeks from the day after the Work-Seeker was last supplied by the Employment Business to the Hirer.

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. THE CONTRACT

2.1 These Terms constitute a contract for services between the Employment Business and the Work-Seeker and they govern all Assignments undertaken by the Work-Seeker. However, no contract shall exist between the Employment Business and the Work-Seeker between Assignments.

2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Work-Seeker. The Work-Seeker is engaged as a self employed worker, although the Employment Business is required to make statutory deductions from the Work-Seeker’s remuneration in accordance with clause 4.1.

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 Work-Seeker and set out in writing and a copy of the varied terms is given to the Work-Seeker stating the date on or after which such varied terms shall apply.  

3. ASSIGNMENTS

3.1 The Employment Business will endeavour to obtain suitable Assignments for the Work-Seeker . The Work-Seeker shall not be obliged to accept an assignment offered by the Employment Business.

3.2 The Employment Business shall notify the Work-Seeker’s of work wear required to carry out the Assignment in compliance with Health & Safety procedures of the Hirer. The Work-Seeker’s are liable to ensure that they have the correct work wear in order to perform the Assignment and should injury or loss of Assignment be caused due to the Work-Seeker’s negligence as a result of operating without the correct work wear the Employment Business will not accept liability of any financial claim made against The Employment Business.

3.3 The Work-Seeker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Work-Seeker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Work-Seeker and the Employment Business during periods when the Work-Seeker is not working on an Assignment.

3.4 At the same time as an Assignment is offered to the Work-Seeker the Employment Business shall inform the Work-Seeker of the identity of the Hirer, and the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work; location and hours during which the Work-Seeker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Work-Seeker; and any risks to health and safety known to the Hirer and steps the Hirer has taken to prevent or control such risks. In addition the Employment Business shall inform the Work-Seeker what experience, training, qualifications and any other authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.

3.5 For the purpose of calculating the average number of weekly hours worked by the Work-Seeker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be on the date on which the Work-Seeker commences the first Assignment.

3.6 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Hirer wishes to employ the Work-Seeker direct or through another employment business, the Work-Seeker 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 fee to the Hirer if the Hirer introduces the Work-Seeker to a third party who subsequently engages the Work-Seeker within the Relevant Period.    

4. REMUNERATION

4.1 The Employment Business shall pay to the Work-Seeker remuneration calculated at an agreed rate  being the minimum rate of remuneration that the Employment Business reasonably expects to achieve, for all hours worked. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, 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 and any other deductions which the Employment Business may be required by law to make.

4.2 Subject to any statutory entitlement under the relevant legislation, the Work-Seeker is not entitled to receive payment from the Employment Business or Hirers for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

4.3 The work-seeker is aware that an agreed hourly rate is paid as an uplift incorporating holiday pay. The work seeker can request holidays to be accrued and paid separately but is aware that this will result in reduced hourly rate being paid, than was originally agreed.   

5. STATUTORY LEAVE

5.1 For the purpose of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences 1st January.

5.2 Under the Working Time Regulations 1998, the Work-Seeker is entitled to 28 days paid leave per year. All entitlement to leave must be taken during the course of the leave year, in which it accrues and none may be carried forward to the next year.

5.3 Where a Work-Seeker wishes to take paid leave during the course of an assignment s/he should notify the Employment Business in writing of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances, the Employment Business may give counter-notice to the Work-Seeker to postpone or reduce the amount of leave that the Work-Seeker wishes to take and in such circumstances the Employment Business will inform the Work-Seeker in writing giving at least the same length of notice as the period of leave that has been requested.

5.4 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Work-Seeker on Assignment during the leave year. The amount of payment which the Work-Seeker 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 Work-Seeker has worked on Assignment. Payments for annual leave will be calculated on the basis of rates paid during the Hirer’s normal working hours i.e. those which do not attract overtime rates of pay.

5.5 Where this contract is terminated by either party and a P45 is requested, the Work-Seeker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.4 above. The Work-Seeker must notify the Employment Business in writing that the contract is terminated and request payment for all untaken leave.

5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Work-Seeker’s status as a self-employed worker.

6 SICKNESS ABSENCE

6.1 The Work-Seeker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.

6.2 For the purposes of the Statutory Sick Pay scheme a Worker must have completed 13 consecutive weeks work prior to being eligible to be paid Statutory Sick Pay.

7 TIMESHEETS

7.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Work-Seeker shall deliver to the Employment Business a time sheet 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.

7.2 Subject to clause 8.3 the Employment Business shall pay the Work-Seeker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours. The Employment Business shall issue payment for all hours worked, less any statutory deductions, into the bank account nominated by the Worker on the Friday following the working week i.e. one week in arrears. The Employment Business shall accept no liability for delays or lost payments caused by invalid bank account details being given to the Employment Business by the Worker.

7.3 Where the Work-Seeker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigation into the hours claimed by the Work-Seeker 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 Work-Seeker. The Employment Business shall make no payment to the Work-Seeker for hours not worked.

7.4 For the avoidance of doubt and for the purposes of the Working Time Regulations the Work-Seeker’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, lunch breaks and other rest breaks shall not count as part of the Work-Seeker’s working time for these purposes.

8 CONDUCT OF ASSIGNMENTS

8.1 The Work-Seeker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will:-

8.2 If the Work-Seeker is unable for any reason to attend work during the course of an Assignment s/he should inform the Hirer and/or the Employment Business within one hour of the commencement of the Assignment or shift.

8.3 If, either before or during the course of an Assignment, the Work-Seeker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay,

9 TERMINATION

9.1 The Employment Business or the Hirer may terminate the Work-Seeker’s Assignment at any time without prior notice or liability.

9.2 The Work-Seeker must give 1 full working weeks notice to terminate an Assignment.

9.3 If the Work-Seeker does not inform the Hirer or the Employment Business [in accordance with clause 9.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the WorkSeeker in accordance with clause 9.2 unless the Work-Seeker can show that exceptional circumstance prevented him or her from complying with clause 9.2.

9.4 If the Work-Seeker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 9.1, 9.2 or 9.3 above the Employment Business will be entitled to terminate the contract in accordance with clause 9.1 if the work to which the absent worker was assigned is no longer available for the Work-Seeker. 9.5 If the Work-Seeker does not report to the Employment Business to notify his or her availability for work for a period of four weeks, the Employment Business will forward his or her P45 to his or her last known address.

10 CLIENT CONFIDENTIALITY

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:

10.1 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;

10.2 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 10.3 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.

11 LAW

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

Criminal Convictions, Outstanding summons or Prosecution. (Except Spent Convictions under the rehabilitation of offenders Act 1974 

Please confirm you give your authority for us to perform a DVLA License check with your details? 

Please confirm you give your authority for us to pass on your personal details to our clients should they need contact you whilst on an assignment? 

Please confirm you give your authority for us or a third party client to perform a DBS Check and/or a 5 year work history check? 

I confirm the Information given is correct and has been submitted by myself or has been submitted by persons acting on behalf of myself with my permission 

Criminal Convictions, Outstanding summons or Prosecution. (Except Spent Convictions under the rehabilitation of offenders Act 1974

Please confirm you give your authority for us to perform a DVLA License check with your details?

Please confirm you give your authority for us to pass on your personal details to our clients should they need contact you whilst on an assignment?

Please confirm you give your authority for us or a third party client to perform a DBS Check and/or a 5 year work history check?

You'll be required to submit images of your ID at the end of the registration. This can be done via your mobile phone or device.

It’s important to provide four unique forms of identification, as duplicate documents will not be accepted.

We cannot proceed with your work placement without these. If you have any doubts or need further clarification, please reach out to us. 

Please select one of the following.

Please select one of the following. 

Please select one of the following.

 Personnel Solutions (Midlands) Limited

CONTRACT FOR SERVICES FOR WORK-SEEKERS (TERMS OF ENGAGEMENT)

1. DEFINITIONS

1.1 In these Terms of Engagement the following definitions apply: “Assignment” means the period during which the Work-Seeker is supplied to render services to the Hirer: “Hirer” means the person, firm or corporate body requiring the services of the Work-Seeker together with any subsidiary or associated company as defined by the Companies Act 1985; “Employment Business” means Personnel Solutions Ltd. “Work-Seeker" means person looking for temporary work and includes not only individual work-seekers but also limited company contractors who have not opted out of the regulations: “Relevant Period” means the longer period of either 14 weeks from the first day on which the Work-Seeker worked for the Hirer, or 8 weeks from the day after the Work-Seeker was last supplied by the Employment Business to the Hirer.

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. THE CONTRACT

2.1 These Terms constitute a contract for services between the Employment Business and the Work-Seeker and they govern all Assignments undertaken by the Work-Seeker. However, no contract shall exist between the Employment Business and the Work-Seeker between Assignments.

2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Work-Seeker. The Work-Seeker is engaged as a self employed worker, although the Employment Business is required to make statutory deductions from the Work-Seeker’s remuneration in accordance with clause 4.1.

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 Work-Seeker and set out in writing and a copy of the varied terms is given to the Work-Seeker stating the date on or after which such varied terms shall apply.

3. ASSIGNMENTS

3.1 The Employment Business will endeavour to obtain suitable Assignments for the Work-Seeker . The Work-Seeker shall not be obliged to accept an assignment offered by the Employment Business.

3.2 The Employment Business shall notify the Work-Seeker’s of work wear required to carry out the Assignment in compliance with Health & Safety procedures of the Hirer. The Work-Seeker’s are liable to ensure that they have the correct work wear in order to perform the Assignment and should injury or loss of Assignment be caused due to the Work-Seeker’s negligence as a result of operating without the correct work wear the Employment Business will not accept liability of any financial claim made against The Employment Business.

3.3 The Work-Seeker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Work-Seeker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Work-Seeker and the Employment Business during periods when the Work-Seeker is not working on an Assignment.

3.4 At the same time as an Assignment is offered to the Work-Seeker the Employment Business shall inform the Work-Seeker of the identity of the Hirer, and the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work; location and hours during which the Work-Seeker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Work-Seeker; and any risks to health and safety known to the Hirer and steps the Hirer has taken to prevent or control such risks. In addition the Employment Business shall inform the Work-Seeker what experience, training, qualifications and any other authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.

3.5 For the purpose of calculating the average number of weekly hours worked by the Work-Seeker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be on the date on which the Work-Seeker commences the first Assignment.

3.6 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Hirer wishes to employ the Work-Seeker direct or through another employment business, the Work-Seeker 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 fee to the Hirer if the Hirer introduces the Work-Seeker to a third party who subsequently engages the Work-Seeker within the Relevant Period.

4. REMUNERATION

4.1 The Employment Business shall pay to the Work-Seeker remuneration calculated at an agreed rate being the minimum rate of remuneration that the Employment Business reasonably expects to achieve, for all hours worked. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, 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 and any other deductions which the Employment Business may be required by law to make.

4.2 Subject to any statutory entitlement under the relevant legislation, the Work-Seeker is not entitled to receive payment from the Employment Business or Hirers for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

4.3 The work-seeker is aware that an agreed hourly rate is paid as an uplift incorporating holiday pay. The work seeker can request holidays to be accrued and paid separately but is aware that this will result in reduced hourly rate being paid, than was originally agreed.

5. STATUTORY LEAVE

5.1 For the purpose of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences 1st January.

5.2 Under the Working Time Regulations 1998, the Work-Seeker is entitled to 28 days paid leave per year. All entitlement to leave must be taken during the course of the leave year, in which it accrues and none may be carried forward to the next year.

5.3 Where a Work-Seeker wishes to take paid leave during the course of an assignment s/he should notify the Employment Business in writing of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances, the Employment Business may give counter-notice to the Work-Seeker to postpone or reduce the amount of leave that the Work-Seeker wishes to take and in such circumstances the Employment Business will inform the Work-Seeker in writing giving at least the same length of notice as the period of leave that has been requested.

5.4 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Work-Seeker on Assignment during the leave year. The amount of payment which the Work-Seeker 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 Work-Seeker has worked on Assignment. Payments for annual leave will be calculated on the basis of rates paid during the Hirer’s normal working hours i.e. those which do not attract overtime rates of pay.

5.5 Where this contract is terminated by either party and a P45 is requested, the Work-Seeker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.4 above. The Work-Seeker must notify the Employment Business in writing that the contract is terminated and request payment for all untaken leave.

5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Work-Seeker’s status as a self-employed worker.

6 SICKNESS ABSENCE

6.1 The Work-Seeker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.

6.2 For the purposes of the Statutory Sick Pay scheme a Worker must have completed 13 consecutive weeks work prior to being eligible to be paid Statutory Sick Pay.

7 TIMESHEETS

7.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Work-Seeker shall deliver to the Employment Business a time sheet 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.

7.2 Subject to clause 8.3 the Employment Business shall pay the Work-Seeker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours. The Employment Business shall issue payment for all hours worked, less any statutory deductions, into the bank account nominated by the Worker on the Friday following the working week i.e. one week in arrears. The Employment Business shall accept no liability for delays or lost payments caused by invalid bank account details being given to the Employment Business by the Worker.

7.3 Where the Work-Seeker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigation into the hours claimed by the Work-Seeker 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 Work-Seeker. The Employment Business shall make no payment to the Work-Seeker for hours not worked.

7.4 For the avoidance of doubt and for the purposes of the Working Time Regulations the Work-Seeker’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, lunch breaks and other rest breaks shall not count as part of the Work-Seeker’s working time for these purposes.

8 CONDUCT OF ASSIGNMENTS

8.1 The Work-Seeker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will:-

8.2 If the Work-Seeker is unable for any reason to attend work during the course of an Assignment s/he should inform the Hirer and/or the Employment Business within one hour of the commencement of the Assignment or shift.

8.3 If, either before or during the course of an Assignment, the Work-Seeker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay,

9 TERMINATION

9.1 The Employment Business or the Hirer may terminate the Work-Seeker’s Assignment at any time without prior notice or liability.

9.2 The Work-Seeker must give 1 full working weeks notice to terminate an Assignment.

9.3 If the Work-Seeker does not inform the Hirer or the Employment Business [in accordance with clause 9.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the WorkSeeker in accordance with clause 9.2 unless the Work-Seeker can show that exceptional circumstance prevented him or her from complying with clause 9.2.

9.4 If the Work-Seeker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 9.1, 9.2 or 9.3 above the Employment Business will be entitled to terminate the contract in accordance with clause 9.1 if the work to which the absent worker was assigned is no longer available for the Work-Seeker.

9.5 If the Work-Seeker does not report to the Employment Business to notify his or her availability for work for a period of four weeks, the Employment Business will forward his or her P45 to his or her last known address.

10 CLIENT CONFIDENTIALITY

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:

10.1 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;

10.2 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

10.3 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.

11 LAW .

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