You agree to let Apollo Recruit know if you have any medical conditions that may prevent you from carrying out work safely.
You agree to notify Apollo Recruit of any changes to your health that may impact your ability to carry out work safely.
You agree to notify Apollo Recruit if you have any pending criminal convictions.
You confirm that you have the right to live and work in the UK.
You agree to notify Apollo 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 Apollo 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 on our company website www.apollorecruit.co.uk.
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 horseplay, or practical jokes.
You must follow all rules pertaining to no smoking areas.
Further information can be obtained from Apollo Recruitment Solutions Ltd.
The Employment Agency Standards (EAS) Inspectorate is the government authority responsible for the enforcement of certain agency worker rights. You can raise a concern with them directly on 020 7215 5000 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8am to 6pm
Name of Employment Business: Apollo Recruitment Solutions Ltd
Your Employer: Trans 200 Ltd
Type of contract you will be engaged under: Temporary/Temporary to permanent
Who will be responsible for paying you: Trans 200 Ltd
How often will you be paid: Weekly
Expected minimum rate of pay: Rate of pay to be agreed dependent on assignment, made clear by employees of Apollo Recruitment Solutions Ltd and confirmed on weekly assignment details document
Deductions from your pay required by law: Tax and National Insurance and any other statutory deductions as required
Any other deductions or costs from your pay (to include amounts or how they are calculated): Umbrella fee
Any fees for goods or service: None
Holiday entitlement and pay: None
Additional benefits:
Example Pay
Example rate of pay: £503.20 Per week
Deductions from your wage required by law: £82.20 Income tax, £37.83 NI
Any other deductions or costs from you wage: £0
Any fees for goods or services: £0
Mileage rebate: £0
Example net take home pay: £383.17 Per week
DEFINITIONS
1.1. In these Terms of Engagement, the following definitions apply: – “Assignment” means the period during which the Temporary Worker is supplied to render services to the Client. “Client” means the person, firm or corporate body requiring the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 1985;
“Employment Business” means “Apollo Recruitment Solutions Ltd”
“Temporary Worker” means "The worker carrying out the assignment"
“Relevant Period” means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client.
1.2. Unless the context otherwise requires, references to the singular include the plural. The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker 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 Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from the Temporary Worker’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 Temporary Worker and set out in writing and a copy of the varied terms is given to the Temporary Worker stating the date on or after which such varied terms shall apply.
3. ASSIGNMENTS
3.1. The Employment Business will endeavor to obtain suitable Assignments for the Temporary Worker. The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
3.2. The Temporary Worker 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 Temporary Worker 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 Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
3.3. At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client, and if applicable 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 Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; and 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. In addition, the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
3.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
3.5. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Temporary Worker commences the first Assignment.
3.6. If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition, the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period.
4. Remuneration
4.1.The Employment Business shall pay to the Temporary Worker remuneration calculated at or above the National Minimum Wage dependent upon the assignment up to the 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). 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 if you are not self-employed.
4.2 Payment will be made weekly in arrears following confirmation of the time worked.
4.3 Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
5. STATUTORY LEAVE
5.1. For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences on the date that the Temporary Worker starts an Assignment or a series of Assignments.
5.2. Under the Working Time Regulations 1998, the Temporary Worker is entitled to 28 days’ paid leave per leave year. All entitlement to leave must be taken during the leave year in which it accrues, and none may be carried forward to the next year. The leave year runs from 1st January to 31st December inclusive.
5.3. Where a Temporary Worker wishes to take paid leave during an assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take in writing to holidayrequests@apollorecruit.co.uk. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker 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 Temporary Worker on Assignment during the leave year. The amount of payment which the Temporary Worker will receive in respect of periods of annual leave taken during an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Temporary Worker has worked on Assignment.
5.5. In the course of any Assignment during the first leave 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 leave year.
5.6. None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.
6. SICKNESS ABSENCE
6.1. The Temporary Worker 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 there is one qualifying day per week during an assignment and that qualifying day shall be the Wednesday in every week.
7. TIME SHEETS – PAYE (Cut off times)
Signing of Timesheets is the Candidate’s responsibility.
7.1. Time sheets must be received at the end of each week of the assignment and be with the Employment Business no later than Monday. If received after this time timesheets and payment will be carried over to the following week. The Temporary Worker 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 Client.
7.2. Subject to clause 7.3 The Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.
7.3. Where the Temporary Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.
7.4. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises; lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes.
8. CONDUCT OF ASSIGNMENTS
8.1. The Temporary Worker 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: –
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 establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
C) Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Client;
D) Not engage in any conduct detrimental to the interests of the Client;
E) Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances.
8.2. If the Temporary Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Client 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 Temporary Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.
9. TERMINATION
9.1. The Employment Business or the Client may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.
9.2. The Temporary Worker may terminate an Assignment at any time by giving the employment business one weeks notice. The employment business reserves the right to deduct pay for loss of revenue or damages caused by the temporary worker failing to give appropriate notice.
9.3 If the Temporary Worker does not inform the Client 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 Temporary Worker in accordance with clause 9.2 unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 9.2.
9.4 If the Temporary Worker 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 Temporary Worker.
9.5 If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of three weeks, the Employment Business will forward his P45 to his last known address.
10 CONFIDENTIALITY
10.1 In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
10. 1.1 Not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;
10.1.2 To deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the 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.
11 Data protection
11.1 The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.
11.2 The Agency Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Agency Worker to the Hirer (now or in the future), and the Hirer:
11.2.1 Processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and
11.2.2 Exporting and/or processing his/her personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.
12. 1. Company Policy: You agree to let Apollo Recruit know if you have any medical conditions that may prevent you from carrying out work safely.
You agree to notify Apollo Recruit of any changes to your health that may impact your ability to carry out work safely.
You agree to notify Apollo Recruit if you have any pending or spent criminal convictions.
You confirm that you have the right to live and work in the UK.
You agree to notify Apollo 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.
13 Umbrella Partner/Data Next Management Ltd
13. Status of this engagement 13.1. Under this contract you will not be an employee or a worker of Trans 200 Ltd or Apollo Recruitment Solutions Ltd for general statutory employment rights purposes. 13.2. The tax and National Insurance rules applied by HM Revenue & Customs are not the same as for general statutory employment rights purposes. Under this contract all payments to you for the Services will constitute employment income, but for tax and National Insurance purposes only. 13.3. Therefore in accordance with HMRC rules and Apollo Recruitment solutions Ltd requirements, Trans 200 Ltd will deduct PAYE and Class 1 National Insurance Contributions from payments for Services made by Trans 200 Ltd. Trans 200 Ltd will also account to HMRC for Secondary Class 1 National Insurance Contributions on all payments for Services made to you by Trans 200 Ltd under this agreement. You agree to this treatment and to the deduction of these amounts from any payments made by Trans 200 Ltd to You. 13.4 The above clauses 13.2 and 13.3 apply for the express and limited purposes of HM Revenue & Customs’ treatment of this engagement. For tax purposes only, this engagement constitutes employment under Section 4 of the Income Tax (Earnings and Pensions) Act 2003 (“ITEPA”). 13.5 Otherwise than as explicitly specified under this contract you are a self-employed Operative. You have no contractual entitlement to sick pay, nor to any other payment during periods when Services are not provided including where the Services are cancelled by Apollo Recruitment solutions Ltd or by Trans 200 Ltd . 13.6 You do not have any right to paid holiday under this contract. 13.7 Except as mentioned in clauses 13.2 and 13.3 for the express purpose of ITEPA, the parties agree that the relationship between them is not one of employer and employee and that you are not engaged as a worker by Trans 200 Ltd . 13.8 You are not entitled to participate in Trans 200 Ltd,s or Apollo Recruitment Solutions Ltd's grievance and disciplinary procedure.
12.2 Law
12.3. These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England. By signing below, you agree that you have read and agree to the health and safety policy, GDPR consent and the terms of engagement.
12.4 You understand that by undertaking any assignment given by Apollo Recruitment Solutions Ltd, you are agreeing to all terms stated above.
When can you join and start saving into your pension pot?
We’re postponing our auto enrolment start date to 13 weeks after your first assignment date. That means we’ll start automatically enrolling everyone who’s eligible within that time frame.
Who’s eligible for auto enrolment?
We’ll automatically enrol you 13 weeks after the date of your first assignment if you’re:
• working, or if you ordinarily work, in the UK
• Aged at least 22 but under State Pension age
• Not already a member of one of our qualifying workplace pension schemes
• Earning more than: £10,000 per year
If you opt in, we’ll contribute money towards your pension pot. If you’re eligible and contributing money yourself, you’ll also get extra money from the government through tax relief. If you want to be enrolled into Nest before the end of the postponement period you’ll need to let us know by emailing admin@apollorecruit.co.uk and the email will need to include a statement that you, the worker, has personally submitted it.
You can also ask to join Nest if you’re:
• Working, or if you ordinarily work, in the UK
• Not already a member of one of our qualifying workplace pension schemes
• Aged at least 16 but under 75
• Earning less than: £6,240 per year
Once you’re enrolled you can put money into your pension pot whenever you like. There’s no duty on us to make employer contributions.
You can sign up at any time by by emailing admin@apollorecruit.co.uk and the email will need to include a statement that you, the worker, has personally submitted it.
Once you’re a member of Nest, you’ll receive some useful joiner information from them. This will include details on how your pension works and how to manage it online.
If you have any questions about pension contributions or the enrolment process, please contact Apollo Recruit on 01626798010.
The Working Time Regulations Act 1998 is designed with your health and safety in mind. The following is a brief summary of the regulations: Working Hours Under the terms of your contract for services you are not required to work any set hours. However, where you are working on assignments for Apollo, under the Working Time Regulations Act 1998, you should not be required to work more than an average of 48 hours per week over a 17 week period, unless you agree to do so by opting out of the 48 hour working week. This option will be given to you at the point of registration with Select. Although temporary or contract work is all about flexibility and from time to time companies may want you to work for longer hours, you are under no obligation to do so.
If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week.
Rest breaks
Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest.
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid - it depends on their employment contract.
Daily rest
Workers have the right to 11 hours rest between working days, eg if they finish work at 8pm, they shouldn’t start work again until 7am the next day.
Weekly rest
Workers have the right to either:
• an uninterrupted 24 hours without any work each week
• an uninterrupted 48 hours without any work each fortnight
For more information on WTR – contact your local Apollo consultant or visit https://www.gov.uk/maximum-weekly-working-hours