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1.1. In this Agreement the following definitions apply:
“Employee” means ______________________;
“Employer” means TRAK Employment Solutions Ltd, (06072847)
“Working Week” means an average of 48 hours in each seven-day period calculated over a 17 week reference period
1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa
1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation
2. RESTRICTION
The Working Time Regulations 1998 provide: that the employee shall not work in excess of the working week unless s/he agrees in writing that this limit shall not apply.
3. CONSENT
The Employee hereby agrees that the Working Week limit shall not apply.
4. WITHDRAWAL OF CONSENT
4.1. The Employee may end this Agreement by giving 4 Weeks’ notice in writing.
4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as notice of termination of employment by the employee
4.3. Upon the expiry of the notice period set out in Clause 4.1 the Working Week limit shall apply with immediate effect
5. THE LAW
This Agreement is governed by the law of England & Wales/Scotland/ Northern Ireland and is subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland.
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Additionally, you are not required to declare any information about ‘protected’ offences – (offences to which filtering rules apply). If you are unsure as to whether a conviction is unspent/spent or protected (filtered) please see the additional guidance or you can contact organisations such as NACRO or Unlock for further information.
If you wish to be put forward for/if any role is identified which may be suitable for you but which is exempt from the Rehabilitation of Offenders Act 1974, meaning that you are required to disclose spent convictions, we will ask you to complete an additional criminal disclosure form. You are not required complete that additional form if you do not wish to be put forward for that type of work.
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We will seek to put forward/supply the best possible candidates to our clients. Having a criminal conviction will not necessarily exclude you from the process.
The information given will be treated in the strictest of confidence and only considered where, in our reasonable opinion, the offence is relevant to the post to which you are applying. Failure to declare a conviction may require us to exclude you from our register if the offence is not declared but later comes to light. If you are working in an assignment with a client at the time that we are made aware of a conviction that have not disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.
Trak Employment Solutions shall not discriminate unlawfully when deciding which candidate/temporary worker is submitted for a vacancy or assignment, or in any terms of employment or terms of engagement for temporary workers. Trak Employment will ensure that each candidate is assessed only in accordance with the candidates merits, qualifications and ability to perform the relevant duties required by the particular vacancy.
Personal data
- Name
- Date of Birth
- Contact details, including telephone number, email address and postal address
- Experience, training and qualifications
- CV
- Reference requesting from previous employers
- Providing references for future employment opportunities
- National Insurance number
- Include any other relevant personal data
Sensitive personal data
- Disability/health condition relevant to the role
- Criminal convictions
- Include any other relevant sensitive personal data
I consent to the Company processing the above personal data for the following purposes:
- For the Company to provide me with work-finding services.
- For the Company to process with or transfer my personal data to their clients in order to provide me with work-finding services to include referencing.
- For the Company to process my data on a computerised database in order to provide me with work-finding services.
- For the Company to process my data using automated decision making processes
- Include any other relevant purposes for processing personal data
I also consent to the Company processing my personal data with third parties including [The REC] for the purposes of internal audits and investigations carried out on the Company to ensure that the Company is complying with all relevant laws and obligations.
The consent I give to the Company will last for 6 Years.
I am aware that I have the right to withdraw my consent at any time by informing the Company that I wish to do so.
Please type name below to confirm.
Please find herewith confirmation from TRAK Employment Solutions Limited, confirmation of our compliance to the latest General Data Protection Regulation that comes in to place as of Friday 25th May 2018.
As a provider of Employment Services we take our Clients Suppliers and Candidates Data Protection seriously and therefore work to and follow our Governing Body (The Recruitment and Employment Confederation) advice and procedures in all areas of GDPR.
Further to this we would like you to know what Data we are required to gather to provide you with our Services and how we look after and protect the data that transfers between us.
The only data that we hold is data that has been have provided to us in the course of delivering services to both Customers and Candidates.
We will never sell your data or pass it on to any third parties except, in the course of providing any agreed services to you.
In order to provide our services to you, we use a number of Sub-Processors who may have access to your data. We want to be clear and transparent with you about the Sub Processors we use and what we have done to ensure that they take your data protection as seriously as we do.
Privacy Policy
TRAK Employment Solutions Limited will collect the personal details that you provide to us through our Website, Registration Forms, Client Details Forms for the purposes of providing you with services and/or information. In providing such services and/or information to you we will only use your data in accordance with the terms of the following statement. This statement sets out below:
- How personally identifiable information of yours is collected from you through the website. Registration Forms, Client Details
- How the information is used by us
- With whom the information may be shared and for what purpose(s)
- What choices are available to you regarding collection, use and distribution of the information?
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information collected through our website
- How you can correct any inaccuracies in the information.
Information Collection and Use
TRAK Employment Solutions Limited is the sole owner of the information collected from our Website, Registration Forms and Client Details Forms. We will not sell, share, or rent this information to others TRAK Employment Solutions Limited collects information from our users at several different points throughout the registration Process for Work Finding Services.
Registration
We request information from our Candidates through Online and Registration Forms. Here a Candidates must provide contact information and information regarding the type of work they are seeking and skills, qualifications and experience. This information is used to enable us to provide work-finding services. If we have trouble processing your application, this contact information is used to get in touch with you. TRAK Employment Solutions Limited does not use this information for any other purpose.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Links
Our web site contains links to other sites. Please be aware that TRAK Employment Solutions Limited is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Security
TRAK Employment Solutions Limited takes every precaution to protect our users’ information. When users submit sensitive information via the website or Registration Forms, your information is protected both online and off-line. When our registration form asks users to enter sensitive information that information is encrypted and is protected with Secure email system. While on a secure page, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’. While we use encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices.
Correction/Updating Personal Information
If your personally identifiable information changes (such as office address), we will endeavour to provide a way to correct, update or remove the personal data provided to us. This can usually be done by contacting the DATA PROTECTION TEAM on 01793 613813. E-mail: recruitment@traksolutions.co.uk
Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Employees are reminded that, by accepting the terms and conditions outlined in their contract for services, that they have expressly agreed to TRAK Employment Solutions exercising the right of stop and search.
The purpose of this policy is to outline:
- The Company’s policy in relation to stopping and searching employees;
- The manner in which searches will be carried out;
- The implications of an employee refusing to comply with a search request;
- Disciplinary action following a positive search
Other security arrangements implemented by the Company which are not related to stop and search are not covered by this policy and are detailed elsewhere.
Company Policy on Stop and Search
TRAK Employment Solutions reserves the right to undertake searches of employees within its or its clients premises. This is to protect both the Company and its staff from illegal activities such as theft of Company property or property belonging to another member of staff or other person; and the possession or supply of any substances which might be in breach of Company policy in relation to alcohol and or drugs.
Employees are advised that a search does not indicate that they are under any suspicion of wrongdoing and searches may be carried out randomly. However, the Company reserves the right to stop and search an employee when it reasonably suspects that they have committed an illegal act or an act in breach of company policy.
In accordance with employees' terms and conditions of employment, TRAK Employment Solutions reserves the right to carry out searches, including:
- a physical search of the employee where they will be asked to remove their jacket and empty all their pockets;
- a search of all baggage (both personal and Company property);
- a search of any vehicle on the Company's property (both personal and owned by the Company); and
- a search of all work areas (including but not limited to desks, lockers and cabinets, locked or otherwise). This may also include search of any electronic devices such as laptop or phone owned by the Company in compliance with the appropriate Company policy.
The Company will ensure that the level of search is fair and reasonable, taking into account all of the circumstances giving rise to it. If the Company suspects that a non-employee such as a contractor or visitor has committed an illegal act such as theft on Company property, no search will be attempted or carried out. Under these circumstances the police will be informed immediately and any evidence gathered handed to them.
The Manner and Location of Stop and Search Activity
Only authorised officers of the Company who have been trained in how to conduct searches will undertake searches on behalf of the Company. This is to ensure
- that the employee's dignity is protected
- selection of employees is not discriminatory
Searches may occur at random when employees enter or leave the building and/or in circumstances where the Company reasonably suspects that an employee has committed an unlawful act or act in breach of Company policy. If a search is undertaken on a random selection of employees, a demonstrably fair selection process will be used.
A physical search will be carried out in a private room, by an authorised officer of the same sex and in the presence of another authorised officer. Employees have the right to request that a physical search is attended only by people of the same sex.
Searches of baggage, vehicles and work areas will be carried out by an authorised officer in the presence of the employee in question and another authorised officer.
Refusal to Comply with the TRAK Employment Solutions Stop and Search Policy
If an employee refuses to undergo a search, the employee will be asked to reconsider his/her refusal. If the employee maintains his/her refusal to undergo a search, the individual’s manager or other senior manager will be called. They will consider the employees stated reasons for the refusal and, if these are deemed reasonable, no further action will be taken against the employee.
The incident including the reasons for the employee’s refusal to be searched will be recorded in the employee’s personnel file.
OPERATIONAL POLICIES AND PROCEDURES
If an employee unreasonably refuses to undergo a search (including if they subsequently refuse to stay on the Company premises when requested to do so). This may lead to disciplinary action or cancellation of your assignment in line with the Company's disciplinary policy, resulting in dismissal If the Company believes that there is evidence that an employee has committed an illegal act, this will be reported immediately to the police.
Disciplinary Action Following a Positive Search
If a search reveals evidence that an employee has committed an act which is illegal or in breach of Company policy, then the employee’s manager or another senior manager as appropriate will be called, and the employee will be given the opportunity to explain the situation. If the manager is not satisfied with the explanation the employee will be suspended immediately pending a full investigation.
This may lead to disciplinary action or cancellation of your assignment in line with the Company's disciplinary policy.
If the Company reasonably believes that there is evidence that an employee has committed an illegal act, this will be reported immediately to the police.
If an employee is unhappy about the way in which a search has been conducted, or thinks they have been discriminated against or otherwise treated unfairly they can raise this in the first instance with their line manager. If an employee prefers to raise a formal complaint, he/she should refer to the Company's Grievance Procedure.
DRUG AND ALCOHOL ABUSE POLICY
TRAK Employment and all of its Clients work to a drug and alcohol-free workplace.
The use of or being under the influence of illegal drugs and or alcohol is inconsistent with the behaviour expected of employees. The use of illegal drugs and alcohol and misuse of prescribed and over the counter drugs subjects employees and visitors to unacceptable safety risks that undermine the Company’s ability to operate safely, effectively and efficiently.
The use, possession, distribution or sale of controlled substances such as drugs or alcohol, being under the influence of such controlled substances (drugs and alcohol) or testing positive for alcohol or any drug including, but not limited to, inactive components associated with the use of such drugs is strictly prohibited while on duty, while on Company premises or work sites or while operating the Company’s equipment or vehicles.
Our Company and some of our Clients participate in post-offer, random and post-accident drug and alcohol testing. If injured on the job you may be expected to participate in a drug and alcohol test immediately following the injury.
MANUAL HANDLING POLICY
TRAK Employment and all of its Clients operate standard Health & Safety Procedure by offering Manual Handling Training, this is done through the CHILDS Play Video that is shown to you during the registration process.
This educational Video provided you with the basics to ensure that you lift and move correctly when in the work place.
It also makes you aware that you should not attempt to move a heavy object without the correct manpower or machinery to do so and that you are completely within your rights to refuse to move something deemed too heavy by yourself and that you can ask for help to do so.
PPE EQUIPMENT POLICY
TRAK Employment aim to help cover you with Personal Protective Equipment where possible, this is usually in the supply of a Hi Viz Vest and any information that might be required for when you start at a particular work place, in all instances either TRAK or the Customer will cover the bare minimum in PPE, however you will be expected to provide your own Safety Footwear for when you start in your position.
Failure to wear the minimum requirements (explained when receiving assignment details) could result in your removal from site. We therefore ask that you arrive ready for work with the correct equipment
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1.1. In these Terms the following definitions apply:
“Actual Rate of Pay” means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, as set out in the relevant Assignment Details Form;
“Actual QP Rate of Pay” means the rate of pay which will be paid to the Agency Worker if and when s/he completes the Qualifying Period, as set out in any variation to the relevant Assignment Details Form;
“Agency Worker” means name and address of Agency Worker supplied by the Employment Business to provide services to the Hirer;
“Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay;
“Assignment” means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;
“Assignment Details Form” means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;
“AWR” means the Agency Workers Regulations 2010
“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003
“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;
“Data Protection Laws” means the Data Protection Act 1998, the General Data Protection Regulation (EU 2016/679) and any applicable statutory and regulatory provisions in force from time to time relating to the protection and transfer of personal data.
“Deductions” means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;
“Employment Business” TRAK Employment Solutions Limited registered company no. 06072847
“Engagement” means the engagement (including the Agency Worker’s acceptance of the Hirer’s offer), employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“First Assignment” means: (a) the relevant Assignment; or (b) if, prior to the relevant Assignment: i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and ii. the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);
“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;
“Hirer's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
“Hourly Rate” means £ per hour being the minimum gross rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;
“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave commencing 1st January and runs until the anniversary of that date
“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;
“Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment
“Temporary Work Agency” means as defined in the Schedule to these Terms;
“Terms” means these terms of engagement (including the attached schedule) together with any applicable Assignment Details Form;
“Transfer Fee” means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations;
“Type of Work” means Industrial Warehousing or Commercial Office and
“WTR” means the Working Time Regulations 1998
1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
2. THE CONTRACT
2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.
2.2. During an Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.
2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 when introducing or supplying the Agency Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.
3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:
3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and
3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker.
3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following:
3.3.1. the identity of the Hirer, and if applicable the nature of their business;
3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
3.3.3. the Type of Work, location and hours during which the Agency Worker would be required to work;
3.3.4. the Actual Rate of Pay that will be paid and any expenses payable by or to the Agency Worker;
3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks; and
3.3.6. what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.
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:
3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or
3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.
3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.
3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the First Assignment.
3.7 If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
4. AGENCY WORKER’S OBLIGATIONS
4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the Agency Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:
4.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
4.1.4. not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;
4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Hirer's staff;
4.1.6. not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions or finances;
4.1.7. on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.
4.2 If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency Worker undertakes to:
4.2.1. inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
4.2.2. provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and
4.2.3. inform the Employment Business if s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
4.2.3.1. completed two or more assignments with the Hirer;
4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
4.2.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4. If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
4.5. The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.
4.6. The Agency Worker acknowledges that any breach of his/her obligations set out in these Terms may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.
5. TIMESHEETS
5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
5.2. Subject to clause 5.3 the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
5.3. Where the Agency Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not worked.
5.4. For the avoidance of doubt and for the purposes of the WTR, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the AWR.
6. PAY AND DEDUCTIONS
6.1. For each Assignment the Employment Business shall pay to the Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.
6.2. If the Agency Worker has completed the Qualifying Period on the start of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker the Actual QP Rate of Pay which will be notified on a per Assignment basis and set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
6.3. The Hourly Rate, Actual Pay of Rate or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed Emoluments.
6.4. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual leave) and 8 (Sickness absence) below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
6.5. Subject to compliance with Regulation 12 of the Conduct Regulations the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.
6.6. If the Employment Business provides any equipment or clothing to the Agency Worker to be used in the course of an Assignment with the Hirer, the Agency Worker must take reasonable care of the equipment or clothing. Furthermore the Agency Worker must return any equipment or clothing to the Employment Business upon termination of the Terms or within 3 days of a request from the Employment Business. In the event that the Agency Worker does not comply with the obligations set out in this clause, the Employment Business reserves the right to deduct the cost of replacement equipment or clothing from any sums owed to the Agency Worker. The question of whether the Agency Worker has taken reasonable care of the equipment or clothing will be solely assessed by the Employment Business’s reasonable judgement.
7. ANNUAL LEAVE
7.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks.
7.2. Entitlement to payment for annual leave under clause 7.1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year.
7.3. Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the WTR and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
7.4. All annual leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.
7.5. If the Agency Worker wishes to take paid annual leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of annual leave that s/he wishes to take. In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
7.6. Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency Worker has worked on Assignment.
7.7. Subject to clause 7.3, 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.
where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 7.3 (if applicable), the Agency Worker may, upon giving the notice in clause 7.5, take a bank holiday or other public holiday as part of his/her paid annual leave entitlement.
7.8. Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker. If, following such deduction the Agency Worker owes further monies in respect of pay received for annual leave taken but not accrued at the time of Termination, the Agency Worker will repay such monies within 14 days of termination of these Terms.
8. SICKNESS ABSENCE
8.1. The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.
8.2. The Agency Worker is required to provide the Employment Business with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
8.3. For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.
8.4. In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.
8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
9. TERMINATION
9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
9.3. If the Agency Worker does not inform the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.
9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 3 weeks, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.
10. INTELLECTUAL PROPERTY RIGHTS
The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly the Agency Worker shall execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.
11. CONFIDENTIALITY
11.1. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;
11.1.2. to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
11.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.
12. DATA PROTECTION
The Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.
13. SEVERABILITY
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
14. NOTICES
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email or facsimile transmission. 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 or facsimile transmission, when that email or facsimile is sent.
15. RIGHTS OF THIRD PARTIES
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
16. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
To: All Employees and Contractors
At Trak Employment Solutions, we are committed to ensuring a safe and healthy working environment for all employees, contractors, and visitors. Adhering to health and safety policies is essential to prevent accidents, injuries, and occupational illnesses.
General Safety Guidelines
• Always follow company health and safety procedures.
• Report any hazards or unsafe conditions immediately to your line manager or the Health & Safety Officer.
• Ensure all Personal Protective Equipment (PPE) is worn as required and is in good condition.
• Familiarise yourself with emergency procedures, including fire exits and first aid locations.
• Keep work areas clean and free from obstructions to prevent slips, trips, and falls.
• Use equipment and machinery only if trained and authorised to do so.
Risk Assessments & Safe Working Practices
• Risk assessments must be carried out before undertaking any potentially hazardous task.
• Always follow safe systems of work and control measures outlined in risk assessments.
• Do not bypass safety controls on machinery or equipment.
Manual Handling
• Use mechanical aids where possible to reduce manual handling risks.
• Assess the weight and stability of loads before lifting.
• Adopt correct lifting techniques: bend your knees, keep your back straight, and avoid twisting while lifting.
Fire Safety & Emergency Procedures
• Know the location of fire alarms, extinguishers, and assembly points.
• Never block emergency exits or fire equipment.
• In the event of an emergency, follow the company’s evacuation procedures and do not re-enter the premises until declared safe.
First Aid & Incident Reporting
• Report all accidents, near misses, and hazardous conditions immediately.
• First aid kits are located at [Insert Locations]; ensure you know their whereabouts.
• If an injury occurs, seek assistance from a designated First Aider and complete an accident report.
Health & Wellbeing
• Take regular breaks to prevent fatigue and strain-related injuries.
• Stay hydrated and maintain a healthy work-life balance.
• Report any work-related stress or concerns to your manager or the agency.
Your cooperation is essential in maintaining a safe working environment.
If you have any concerns or require additional training, please contact the Health & Safety Department.
Stay safe and look after one another.
I confirm that I understand the aspects of manual handling, and I have read and understood the information provided in this document.
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