YES
NO
A: This is my first job since last 6 April and I have not been receiving taxable jobseeker's allowance, employment and support allowance, taxable incapacity benefit, state pension or occupational pension.
B: This is now my only job but since last 6 April I have had another job, or received taxable jobseeker's allowance, employment and support allowance or taxable incapacity benefit. I do not receive a state pension or occupational pension.
C: As well as my new job. I have another job or receive a state pension or occupational pension.
– you left a course of UK higher education before last 6 April.
– you received your first student loan instalment on or after 1 September 1998.
(Select ‘NO' if you are repaying your student loan direct to the student loans company by agreed monthly payments.)
YES
NO
YES
NO
The information given will be treated in the strictest of confidence and only taken into account where, in the reasonable opinion of More Recruitment, 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 or terminate an assignment if the offence is not declared but later comes to light.
Filtering rules: as of 29 May 2013 you are no longer required to disclose information about any ‘filtered’ offences. You are not required to disclose on any part of this form any convictions or cautions that have been filtered.
Guidance and criteria on the filtering of these cautions and convictions can be found on the disclosure and barring service website. I confirm that the information provided is true, complete and accurate.
Name:
More Recruitment will not discriminate in advertising, selecting, offering training or providing benefits and services. Every vacancy will be open to those who have the required qualifications.
The following is for monitoring purposes only and is voluntary. If you do not wish to complete this section it will in no way prejudice your registration.
If you choose to provide information about your ethnic origin, we will use it only in accordance with our Privacy Policy.
I give my explicit consent to More Recruitment to process the details of my ethnic origin for the purposes of monitoring equal opportunities in support of the company’s legal obligations and in accordance with the documents above.
Sign:
YES/NO
YES/NO
IF YES, PLEASE PROVIDE DETAILS
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
In the event that you wish to withdraw from this agreement you undertake to give three month's written notice to that effect or if you do not wish to work more than 48 hours please email us separately at https://www.morerec.co.uk/contact/.
I understand that I may be required to work more than 48 hours a week.
- We will calculate your average working time over a 26-week fixed calendar reference period. The reference period we will use begins at midnight on the 1st of March every year.
- The second reference period begins at midnight on the 1st of September every year.
- Night work: A night worker's normal hours of work may exceed the limit of 10 hours in each 24 hour period. I confirm my agreement with the above.
It is your responsibility to familiarise yourself with this policy, particularly the procedures for fire, first aid and accidents upon arrival at the client's premises.
All workers have a duty under the Health & Safety Act to take reasonable care to safeguard their own safety and the safety of anyone who may be affected by their activities and actions and to co-operate with the client and others in meeting statutory regulations.
The Act also requires workers not to interfere with or misuse anything provided to protect their health, safety or welfare in compliance with the Act. I confirm that I have read and agree to the above.
Should More Recruitment supply me with PPE I agree that: •
All items provided to me will be in new condition.
• All items provided to me are the property of More Recruitment and I will take responsibility for the condition of the above items.
• I agree that I have all the required safety equipment to carry out my job safely.
• I agree to wear this safety equipment at all times whilst carrying out my job.
• I agree that I will report any fault, loss or damage of this PPE to More Recruitment.
• If I fail to return the items at the end of my assignment, More Recruitment may deduct the replacement cost of the item from my wages.
I confirm my agreement with the above.
I understand that More Recruitment will forward my personal data and/or my CV to clients to find work for me. I have obtained the consent of my next of kin and referees to use their details in this application.
I have informed my referees that their references may be forwarded to clients to support their efforts to find work for me.
If, during the course of a temporary assignment, the client wishes to employ me direct, I acknowledge that More Recruitment will be entitled either to charge the client an introduction/transfer fee, or to agree an extension of the hiring period with the client (after which I may be employed by the client without further charge being applicable to the client).
I confirm that I understand and agree with this declaration and have fulfilled all of the associated requirements.
The Parties Recital
1. Definitions and interpretation
2. The Agreement
3. Relationship between the Employment Business, the PSC and the Client
4. Warranties provided by the PSC
5. The PSC’s obligations
6. The Employment Business’s obligations
7. Invoicing
8. PSC Fees
9. Term and Termination
10. Intellectual property rights
11. Confidentiality
12. Computer Equipment Warranty
13. Restriction
14. Contract monitoring and audits
15. Liability
16. Indemnity
17. Severability
18. Notices
19. Disclaimer
20. Third Party Rights
21. Governing Law and Jurisdiction
Schedule - Assignment Details Form
THE PARTIES (1) ………………………………………………………………………….Limited (registered company no. ………………………………………………) of (address)…………………………………………………………………………………………………………………… (and except where otherwise indicated, includes any third party to whom the provision of PSC services is assigned or sub-contracted with the prior approval of the Client) (“the PSC”).
(2) …………………………………………………………………………. Limited (registered company no…………………………………………………………………) of (address)………………………………………………………………………………………………………………. (“the Employment Business”).
RECITAL The Employment Business has requested the PSC and the PSC has agreed to provide the services specified in the attached Assignment Details Form (“the PSC Services”) to the Client on the terms and subject to the terms of this Agreement.
IT IS AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement the following definitions apply:
“Assignment” means the PSC Services to be performed by the PSC Staff for the Client for a period of time during which the PSC is engaged by the Employment Business to provide the PSC Services to the Client;
“AWR” means the Agency Workers Regulations 2010
“Client” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) requiring the PSC Services and identified in the attached Assignment Details Form;
“Companies Acts” means the Companies Acts 1985, 1989 and 2006;
“Conditions of Liability” means meets the requirements of section 50(1)(b) ITEPA and one of the conditions of liability set out in Sections 51 to 53 ITEPA;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations
“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Client or Employment Business or their business or affairs (including but not limited to this Agreement, 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 PSC or any third party in relation to the Assignment by the Client or the Employment Business or by a third party on behalf of the Client whether before or after the date of this Agreement together with any reproductions of such information in any form or medium or any part(s) of such information;
“Data Protection Laws” means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
“Engagement” means the engagement (including the PSC’s and/or the PSC Staff’s acceptance of the Client’s offer), the employment or use of the PSC and/or PSC Staff by the Client or by any third party to whom the PSC and/or any PSC Staff have been introduced by the Client, directly or indirectly, on a permanent or temporary basis, whether under a contract of service or for services, an agency, licence, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“Exempt Organisation” means an organisation which is exempt from the Off-Payroll Rules;
“Inside IR35” means an Assignment which meets the conditions of Section 61M ITEPA;
“Intermediaries Legislation” means Part 2, Chapter 8 ITEPA;
“ITEPA” means the Income Tax (Earnings and Pensions) Act 2003;
“Losses” means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands; and "Loss" shall be construed accordingly;
“MSC Legislation” means section Part 2, Chapter 9 ITEPA;
“NICs Legislation” means legislation regarding the deduction and payment of national insurance contributions including in particular the Social Security (Categorisation of Earners) Regulations 1978 and the Social Security Contributions (Intermediaries) Regulations 2000;
“Off-Payroll Rules” means Part 2, Chapter 10 ITEPA;
“Outside IR35” means an Assignment which does not meet the conditions of Section 61M ITEPA;
“PSC Fees” means the fees set out in the Assignment Details Form. For the avoidance of doubt, the PSC Fees include the agreed fees for the PSC Services, any expenses or disbursements authorised by the Client and VAT charged at the applicable rate;
“PSC Staff” means the PSC’s employees, workers, officers, or representatives provided to perform the PSC Services (and, except where otherwise indicated, includes any substitute or any officer, employee, worker or representative of any third party to whom the PSC Services have been assigned or sub-contracted with the prior agreement of the Client);
“Reporting Requirements” means the requirements of the Income Tax (Pay as you Earn) (Amendment No. 2) Regulations 2015;
“Specified Intermediary” means the party required to submit the report to HMRC to comply with the Reporting Requirements; and
“Transparency Regulations” means the Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015.
1.2. Unless the context 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 the Agreement 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 this Agreement) and all subordinate legislation made (before or after this Agreement) under it from time to time.
2. THE AGREEMENT
2.1. This Agreement together with the Assignment Details Form set out in the Schedule constitutes the entire agreement between the Employment Business and the PSC (“the Agreement”) for the supply of PSC Services to the Client and governs the Assignment undertaken by the PSC with the Client. This Agreement shall prevail over any terms put forward by the PSC.
2.2. For the avoidance of doubt this Agreement shall not be construed as a contract of employment between any PSC Staff supplied to provide the PSC Services and either the Employment Business or the Client and any of the liabilities of an employer arising out of the Assignment shall be the liabilities of the PSC.
2.3. No variation or alteration to this Agreement shall be valid unless such variation is agreed between the Employment Business and the PSC and set out in writing and a copy of the varied Agreement is given to the PSC stating the date on or after which the varied Agreement shall apply.
2.4. The Schedule shall specify the Client, the PSC Fees payable by the Employment Business and agreed expenses, any notice period and any other information relevant to the Assignment.
3. RELATIONSHIP BETWEEN THE EMPLOYMENT BUSINESS, THE PSC AND THE CLIENT
3.1. The Employment Business is not obliged to offer Assignments to the PSC and the PSC is not obliged to accept any Assignment. Both parties acknowledge that there is no intention to create mutuality of obligation during any Assignment or between Assignments.
3.2. The PSC acknowledges that:
3.2.1. the Client is an Exempt Organisations; and
3.2.2. that the PSC supplies its services to the Employment Business as an independent contractor and that accordingly, the responsibility of complying with all statutory and legal requirements relating to the PSC Staff (including but not limited to matters of taxation and compliance with immigration laws applicable to the jurisdiction in which the PSC Services are provided) shall fall upon and be discharged wholly and exclusively by the PSC.
3.3. Nothing in this Agreement shall render any member of the PSC Staff an employee or worker of either the Employment Business or the Client. The PSC shall ensure that none of the PSC Staff holds themselves out as an employee or worker of either the Employment Business or the Client. If any person should seek to establish any liability or obligation upon the Employment Business on the grounds that they are an employee or worker of the Employment Business or the Client, the PSC shall upon demand indemnify the Employment Business and/or the Client and keep them indemnified in respect of any such liability or obligation and any related Losses which the Employment Business or Client shall incur.
3.4. The PSC acknowledges that no member of the PSC Staff is an agency worker as defined under the AWR and that the AWR do not apply in relation to this Assignment or any Assignment under this Agreement. The PSC shall indemnify and keep indemnified the Employment Business (or, as the case may be, the Client) against any Losses the Employment Business (or the Client) may suffer or incur as a result of any claim made by or on behalf of any member of the PSC Staff under the AWR.
3.5. The PSC shall provide the PSC Services and subject to the prior written agreement of the Client (which will not be unreasonably withheld or delayed) can send a substitute or assign or sub-contract the performance of the PSC Services provided that the Employment Business and the Client are reasonably satisfied that the substitute, assignee or sub-contractor has the required skills, qualifications, resources and personnel to provide the PSC Services to the required standard and that the terms of any substitution, assignment or sub-contract contain the same acknowledgements under and obligations imposed by this Agreement. The PSC acknowledges that if it sends a substitute, or assigns or sub-contracts the PSC Services, the PSC shall be solely responsible for paying the substitute, assignee or sub-contractor.
3.6. Except where otherwise stated in this Agreement, the PSC can supply its services to any third party during the term of this Agreement provided that this in no way conflicts with or is to the detriment of the supply of its services to the Client or amounts to a breach of this Agreement.
3.7. Neither the PSC nor the PSC Staff work under (or subject to the right of) supervision, direction or control by any person as to the manner in which they provide the PSC Services. Accordingly, the PSC shall be permitted to determine how it will provide the PSC Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which it will provide, the PSC Services. The PSC can decide the location(s) where it will provide the PSC Services, but where the PSC Services are undertaken at the Client’s site, the PSC will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.
4. WARRANTIES PROVIDED BY THE PSC
4.1. The PSC warrants to the Employment Business that:
4.1.1. by entering into and performing its obligations under this Agreement it will not be in breach of any obligation it owes to any third party;
4.1.2. the PSC Staff have the necessary skills and qualifications to perform the PSC Services;
4.1.3. the PSC and the PSC Staff providing the PSC Services have agreed to opt out of the Conduct Regulations, have signed an agreement to that effect and understand that except for Regulation 13A, none of the Conduct Regulations apply to this Assignment. Further the PSC warrants that it will only supply staff to perform the PSC Services who have opted out of the Conduct Regulations and further that any person to whom the performance of the PSC Services are assigned or sub-contracted has opted out of the Conduct Regulations;
4.1.4. it has used best endeavours to consider the application of the Intermediaries Legislation and has concluded that the Assignment is an Outside IR35 Assignment;
4.1.5. the PSC Staff meet the Conditions of Liability and will continue to meet the Conditions of Liability for the duration of the Assignment and this Agreement. The PSC will provide written confirmation to the Employment Business that the PSC Staff meet the Conditions of Liability;
4.1.6. the PSC is not a “managed service company” as defined in either section 61B or section 339A of ITEPA and that it is compliant in all respects with ITEPA (including specifically the Intermediaries Legislation and the MSC Legislation) and the NICs Legislation;
4.1.7. the PSC is incorporated in the UK
4.1.8. the PSC will pay the PSC Staff only into a nominated UK bank account in the PSC Staff’s name;
4.1.9. all information the PSC provides to the Employment Business to comply with the Reporting Requirements and clauses 5.1.9 and 5.1.15 is complete and accurate; 4.1.10. the PSC and the PSC Staff will comply with the Data Protection Laws. 4.2. The PSC warrants and shall procure that the PSC Staff, any substitute, any sub-contractor or assignee performing the PSC Services warrant, that they are not and do not operate as “managed service companies” as defined in section 61B and section 339A of ITEPA but that they are compliant in all respects with ITEPA (including specifically the Intermediaries Legislation and the MSC Legislation) and the NICs legislation. 4.3. Further to clause 3.7, the PSC warrants that the PSC Staff do not work under (or are not subject to the right of) supervision, direction or control of any person as to the manner in which they provide the PSC Services. The PSC further warrants that it shall advise the Employment Business in writing immediately that the PSC Staff work under (or subject to the right of) supervision, direction or control of any person, and will in such circumstances re-assess the Assignment for the purposes of the Intermediaries Legislation.
5. THE PSC’S OBLIGATIONS
5.1. The PSC agrees on its own part and on behalf of the PSC Staff as follows:
5.1.1. to observe any relevant rules and regulations of the Client’s establishment or the premises where the PSC Services are being performed to which attention has been drawn or which the PSC or the Contractor might reasonably be expected to be aware of, including but not limited to those relating to health and safety to the extent that they are reasonably applicable to the PSC and the PSC Staff;
5.1.2. to take all reasonable steps to safeguard its own safety, the safety of the PSC Staff and the safety of any other person who may be affected by actions of the PSC Staff whilst on the Assignment;
5.1.3. to comply with the Data Protection Laws in respect of any personal data which the PSC is granted access to for the purpose of or by reason of the performance of the PSC Services;
5.1.4. not at any time to divulge to any person, nor use for its own or any other person’s benefit, any Confidential Information relating to the Client’s or the Employment Business’s employees, business affairs, transactions or finances;
5.1.5. not to engage in any conduct detrimental to the interests of the Employment Business and/or the Client which includes any conduct which could bring the Employment Business and/or the Client into disrepute and/or which results in the loss of custom or business for the Employment Business and/or the Client;
5.1.6. not to commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’s or the Client's staff;
5.1.7. if it sends a substitute, or assigns or sub-contracts any of the PSC Services to a third party, it will do so only in accordance with clause 3.5;
5.1.8. to give the Client and/or the Employment Business any progress reports as may be requested from time to time;
5.1.9. to notify the Employment Business forthwith in writing if it becomes insolvent or if any of the circumstances set out in clauses 9.2.5 to 9.2.7 apply;
5.1.10. to give the Employment Business a copy of the terms under which the PSC has engaged the PSC Staff;
5.1.11. to comply with all relevant legal obligations, including but not limited to ITEPA, the NICs Legislation, VAT legislation and the Companies Acts and all statutory obligations;
5.1.12. to notify the Employment Business in writing immediately if it becomes subject to a HMRC investigation or compliance activity including but not limited to any of ITEPA, the NICs legislation or VAT legislation;
5.1.13. to give the Employment Business all information it may require to comply with (a) the Reporting Requirements where it is the Specified Intermediary or (b) any contractual obligations the Employment Business has to provide information to the Specified Intermediary (where it is a party other than the Employment Business) to enable the Specified Intermediary to comply with its Reporting Requirements;
5.1.14. to give the Employment Business on request, any information required to comply with Transparency Regulations;
5.1.15. to update the Employment Business promptly where any of the information required under clauses 5.1.9 to 5.1.14 changes; and
5.1.16. to provide at its own cost, subject to any agreement to the contrary specified in the Assignment Details Form, all necessary equipment as is reasonable for the adequate performance by the Contractor of the PSC Services.
5.2. If the PSC is unable for any reason to provide the PSC Services during the course of the Assignment, the PSC should inform the Employment Business as soon as is reasonably practicable after it becomes aware of any event which renders it unable to provide the PSC Services, to enable the Employment Business to discharge its obligations to the Client.
5.3. The PSC acknowledges that any breach of its obligations set out in this clause may cause the Employment Business to suffer Loss and that the Employment Business reserves the right to recover such Losses from the PSC by way of set off or deduction from any sums owed by the Employment Business to the PSC.
6. THE EMPLOYMENT BUSINESS’S OBLIGATIONS
6.1. Throughout the term of this Agreement the Employment Business will:
6.1.1. pay the PSC the PSC Fees for the provision of the PSC Services in accordance with clause 8;
6.1.2. provide the PSC with the information set out in the Schedule for the PSC to arrange for the provision of the PSC Services; and
6.1.3. advise the PSC of any health and safety information or advice which it receives from the Client which may affect the PSC Staff during the Assignment.
7. INVOICING
7.1. Upon completion of the Assignment or as may be agreed and specified in the Assignment Details Form of the Assignment, the PSC shall send its invoice for the PSC Fees to the Employment Business, giving a detailed breakdown showing the work performed
7.2. For each invoice, the PSC shall obtain the signature of an authorised representative of the Client as confirmation that the PSC provided the PSC Services.
7.3. The PSC’s invoice should be received by the Employment Business no later than 08:00am on Monday following the week to which it relates. The PSC’s invoice should bear the PSC’s name, the name of the PSC Staff who provided the PSC Services to which the invoice relates, the PSC’s company registration number and VAT number (if VAT registered) and state any VAT due on the invoiced sum.
7.4. The Employment Business shall not be obliged to pay any fees to the PSC unless an invoice has been properly submitted by the PSC in accordance with this clause 7 and until the Client has confirmed the delivery of the PSC Services.
8. PSC FEES
8.1. The Employment Business will pay the PSC the PSC Fees within 7 days of receipt of the PSC’s invoice subject to:
8.1.1. the satisfactory performance of the Services;
8.1.2. the PSC’s compliance with this Agreement;
8.1.3. the Employment Business’s receipt of the PSC’s invoice in accordance with clause 7 above
8.2. The Employment Business will pay the PSC Fees to the PSC and not to any third party or member of the PSC Staff or any sub-contractor or assignee. The Employment Business will pay the PSC Fees into a UK business bank account in the PSC’s name, only.
8.3. The PSC shall be responsible for compliance with the Intermediaries Legislation and the NICs Legislation and specifically for the payment of any PAYE income tax and national insurance contributions and any other taxes and deductions payable in respect of the PSC Staff for the provision of the PSC Services
8.4. The Employment Business shall not be obliged to pay the PSC for any periods during which the PSC does not provide the PSC Services, whether this is due to the PSC being unable to provide the PSC Services or where the Client does not require the PSC Services or in respect of holidays, illness or absence of the PSC Staff.
8.5. The PSC shall bear the cost of any training which the PSC Staff may require to perform the PSC Services.
9. TERM AND TERMINATION
9.1. A: The Assignment will terminate when the Client confirms that the PSC Services have been completed. Any of the Client, the Employment Business or the PSC may terminate the Assignment earlier by giving written notice for the period of notice specified in the relevant Assignment Details Form. 9.2. Notwithstanding clauses 9.1 and 9.3 of this Agreement, the Employment Business may without notice and without liability instruct the PSC to cease work on the Assignment at any time, where:
9.2.1. the PSC or PSC Staff have acted in breach of the rules and regulations applicable to third parties providing services to the Client; or
9.2.2. the PSC or PSC Staff have committed any serious or persistent breach of any of their obligations under this Agreement; or
9.2.3. the Client reasonably believes that the PSC or PSC Staff have not observed any condition of confidentiality applicable to the PSC from time to time; or
9.2.4. the Client is dissatisfied with the PSC’s or the PSC Staff’s provision of the PSC Services and has terminated the Assignment; or
9.2.5. either the Client or the PSC is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or
9.2.6. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of either the Client or the PSC; or
9.2.7. an order is made for the winding up of either the Client or the PSC, or where either the Client or the PSC passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or
9.2.8. any member of the PSC Staff is suspected of any fraud, dishonesty or serious misconduct;
9.2.9. the Employment Business knows or suspects that the PSC has not given complete and accurate information for the purposes of the Key Information Document;
9.2.10. the Employment Business knows or suspects that the Client ceases to be an Exempt Organisation;
9.2.11. the Employment Business knows or suspects that the PSC or the PSC Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the PSC Services, in breach of this Agreement and either of the Client or the PSC does not give accurate and sufficient evidence that neither the PSC nor the PSC Staff work under (or subject to the right of) supervision, direction or control of any person as to the manner in which they provide the PSC Services;
9.2.12. the Employment Business knows or suspects that any of the PSC Staff no longer meet the Conditions of Liability;
9.2.13. the circumstances of the Assignment change so that the Assignment ceases to be an Outside IR35 Assignment and becomes an Inside IR35 Assignment; or
9.2.14. the Employment Business suspects or has notice that the PSC has not complied with any of the requirements of the Intermediaries Legislation, the NICs Legislation or VAT requirements;
9.2.15. or the PSC is unable to perform the PSC Services for 2 days or more;
9.2.16. the PSC does not comply with clause 14.3; or
9.2.17. the Employment Business knows or suspects that either the PSC or the PSC Staff have breached the Data Protection Laws.
9.3. The PSC acknowledges that the continuation of the Assignment is subject to the continuation of the contract between the Employment Business and the Client. If the contract between the Employment Business and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the PSC.
9.4. The PSC will be deemed to have breached contract if it does not give notice of termination as required in the Assignment Details Form attached. Such breach shall entitle the Employment Business to claim damages from the PSC for any resulting Losses suffered by the Employment Business.
10. INTELLECTUAL PROPERTY RIGHTS The PSC acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from the PSC Services carried out for the Client during the Assignment, by the PSC and the PSC Staff and any substitute or any third party to whom this Agreement is assigned or sub-contracted, shall belong to the Client, except such rights as may be expressly owned or retained by the PSC and set out in the Assignment Details Form. Accordingly, the PSC shall (and shall procure that any relevant member of the PSC Staff, and any substitute, sub-contractor or assignee) 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. To protect the confidentiality and trade secrets of any Client and/or of the Employment Business without prejudice to every other duty to keep secret all information given or gained in confidence the PSC agrees on its own part and on behalf of the PSC Staff as follows:
11.1.1. not at any time whether during or after the Assignment (unless expressly so authorised by the Client 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 Confidential Information of the Client or the Employment Business with the exception of information already in the public domain;
11.1.2. to deliver to the Client or the Employment Business (as directed) at the end of the Assignment all documents and other materials belonging to the Client (and all copies) which are in its possession including documents and other materials created by it or the PSC Staff during the course of the Assignment;
11.1.3. not at any time to make any copy, extract or summary of the whole or any part of any document or other material belonging to the Client except when required to do so in the course of its duties under the Assignment in which event any such item shall belong to the Client or the Employment Business as appropriate.
12. COMPUTER EQUIPMENT WARRANTY The PSC shall ensure that any computer equipment and associated software which it provides to the PSC Staff for the purpose of providing the PSC Services contains anti-virus protection with the latest released upgrade from time to time.
13. RESTRICTION The PSC shall not and shall procure that the PSC Staff shall not during the Assignment or for a period of 6 months following the termination of the Assignment or this Agreement, supply the services of the PSC Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months except in the case of supply through an Employment Business or recruitment consultancy with whom the PSC was also registered at the date of commencement of the Assignment].
14. CONTRACT MONITORING AND AUDITS 14.1. The Employment Business reserves the right to audit the PSC on a quarterly basis to ensure compliance with this Agreement and all statutory requirements in relation to all PSC Staff supplied to provide the PSC Services including in particular but not limited to ITEPA and the NICs legislation. The Employment Business will give the PSC [7] days’ notice of such audit.
14.2. To assist the Employment Business in its audit the PSC will:
14.2.1. keep records as are necessary to comply with this Agreement and all statutory requirements in relation to all PSC Staff supplied to provide the PSC Services, and will give copies of the same to the Employment Business on request; and
14.2.2. give the Employment Business access to its premises and all records relating to all PSC Staff supplied to provide the PSC Services.
14.3. If having conducted an audit, the Employment Business requires the PSC to take any action the PSC shall take such action within the period specified in writing by the Employment Business. If the PSC does not take action or to rectify the matter to the Employment Business’s satisfaction, the Employment Business can terminate this Agreement in accordance with clause 9 (Term and Termination).
15. LIABILITY
15.1. The PSC shall:
15.1.1. be liable for any and all Losses or injury to any party resulting from the deliberate and/or negligent acts or omissions of the PSC or PSC Staff during an Assignment, or for the acts or omissions of any assignee or sub-contractor to whom the PSC assigns or sub-contracts the performance of the PSC Services, during an Assignment;
15.1.2. obtain adequate employer’s liability insurance, public liability insurance, professional indemnity insurance and any other suitable policies of insurance that is required from time to time as set out in the Assignment Details Form in respect of the PSC and the PSC Staff. The PSC shall maintain such insurances for the duration of the Assignment and following termination of the Assignment for the period specified. The PSC shall give a copy of the policy available to the Employment Business upon request;
15.1.3. be liable for any defects arising in relation to the PSC Services and shall rectify at its own cost such defects as may be capable of remedy within a reasonable period from notification of such defects by either the Employment Business or the Client;
15.1.4. be liable and for any breaches of the Data Protection Laws by the PSC or the PSC Staff.
15.2. For the avoidance of doubt, the Employment Business will not be liable to the PSC or the PSC Staff or any substitute, assignee or sub-contractor, for any Losses they may incur as a result of the Client’s Status Determination Statement (or replacement Status Determination Statement, if applicable).
16. INDEMNITY Except to the extent any Losses result solely from any act or omission of the Employment Business or the Client, the PSC shall indemnify and keep indemnified the Employment Business against any Losses suffered or incurred by the Employment Business by reason of any proceedings, claims or demands by any third party: (including specifically, but without limitation, HMRC and any successor, equivalent or related body pursuant to any of the provisions of ITEPA (including specifically the Intermediaries Legislation) or the NICs Legislation (and/or any supporting or consequential secondary legislation relating thereto), or arising out of any non-compliance with, and/or as a result of any breach of this Agreement or the Data Protection Laws by either the PSC or the PSC Staff.
17. SEVERABILITY If any of the provisions of this Agreement 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.
18. NOTICES All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email, when that email is sent.
19. DISCLAIMER The Employment Business makes no representation, nor does it accept any responsibility for ensuring that the terms of this contract are an accurate reflection of the relationship between the Client and the PSC. Furthermore, the Employment Business accepts no liability to indemnify the PSC for any Losses incurred by the PSC or the PSC Staff whether by reason of tax or other statutory or contractual liability to any third party arising from the Assignment.
20. RIGHTS OF THIRD PARTIES
20.1. Except as set out in clause20.2, none of the provisions of this Agreement is intended to be for the benefit of or enforceable by third parties (other than permitted assignees who shall be entitled to enforce the provisions of this Agreement as if original parties to it) and the operation of the Contracts (Rights of Third Parties) Act 1999 [Contracts (Rights of Third Parties) Act (Scotland) 2017] is excluded.
20.2. The Client shall be entitled to rely on and enforce the provisions of clauses 3.4 and 9.1 and the indemnities given by the PSC in favour of the Client, notwithstanding that the Client is not a party to this Agreement.
21. GOVERNING LAW AND JURISDICTION This Agreement shall be construed in accordance with the laws of England & Wales/ Scotland/Northern Ireland and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/Northern Ireland.
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Signed for and on behalf of the Employment Business
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[print name here] Signed on for and on behalf of ……………………………………………………………………………………………..............................................................Ltd. (the PSC)
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[print name here] I confirm I am authorised to sign this Agreement for and on behalf of the PSC.
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Date
1. DEFINITIONS AND INTERPRETATION
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 he/she 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 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data; “Deductions” means any deductions which the Employment Business may be required by law to make and, in particular, in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay; “Employment Business” More Recruitment SLC Ltd (registered company no. 12057289) Trading as More Recruitment Group of 1 Merus Court, Meridian Business Park, Thorpe Astley, Leicestershire, LE19 1RJ “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;
“Irregular Hours Worker” means a worker whose paid hours of work in relation to a leave year in each pay period during the term of their contract in that year is, under the terms of their contract, wholly or mostly variable as defined under Regulation 15F (1)a WTR 1998
“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave commencing on January 1st to December 31st
“Part Year Worker” means a worker who in relation to a leave year, under the terms of their contract, is required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they are not paid as defined under Regulation 15F (1) b WTR 1998 .
“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;
“Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;
“Rolled Up Holiday Pay” Pay due to a worker in respect of leave to which the worker is entitled which must be paid at the same time as a worker’s remuneration for work in accordance with Regulations 16A,16(1) and 15B of WTR 1998.
“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 [insert the type of work you expect to supply the Agency Worker into]; …………………………………..
“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. The contract between the parties starts on the first day of the First Assignment under these Terms 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 Employment Business will engage the Agency Worker on a contract for services 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 (as amended) when introducing or supplying the Agency Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. The Employment Business will 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 whilst on an assignment the Agency Worker’s hours of work under this contract will at all times be wholly or mostly variable in accordance with the definition of an Irregular Hours worker under the WTR and agrees that:
3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and 3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker. 3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following: For the purposes of the Conduct Regulations:
3.3.1. the identity of the Hirer, and if applicable the nature of their business; 3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment; 3.3.3. the Type of Work, location and details of hours during which the Agency Worker would be required to work;
3.3.4. the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker; 3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks; 3.3.6. what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment; and For the purposes of Section 1 of the Employment Rights Act:
3.3.7. any other paid leave such as maternity, paternity or adoption leave;
3.3.8. the details of pension entitlements and pensions schemes; and 3.3.9. any other benefits 3.4. Where the Employment Business does not give such information in paper form or by electronic means, it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except where:
3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 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 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, then during every Assignment and afterwards where appropriate, he/she 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's or the Hirer's staff;
4.1.6. not at any time tell or give to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’s 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’s 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 he/she has prior to the 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 he/she 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 he/she 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 he/she may not be suitable for an Assignment, he/she shall notify the Employment Business without delay.
4.5. The Agency Worker warrants that in relation to these Terms, he/she 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 does not 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 will not pay 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 he/she 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 Rate of Pay 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 he/she 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. If 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. Subject to clause 7.3, the Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks. The Agency Worker’s entitlement to payment for annual leave under clause 7.1 accrues in proportion to the amount of time worked by them on Assignment during the pay period at the rate of 12.07%. This is calculated based on a maximum of 37.5 hours per week.
7.2. 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.
7.3. The Agency Worker must take all annual leave during the Leave Year in which it accrues and, except as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, the Agency Worker may not carry any annual leave forward to the next year. The Agency Worker is responsible for ensuring that they request and take all paid annual leave within the Leave Year. Calendar year, starts from 1st January to 31st December.
7.4. If the Agency Worker wishes to take paid annual leave during an Assignment he/she 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 he/she 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. 7.5. Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave accrued during an Assignment will be calculated in accordance with and paid in proportion to the amount of annual leave they have accrued whilst on the assignment. This will be based on the number of hours which the Agency Worker has worked on Assignment. 7.6. Subject to clause 7.3, during any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year, provided the Employment Business has not opted to pay rolled up holiday pay. 7.7. Except where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 7.3 Option 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 7 days of termination of these Terms 8.
SICKNESS ABSENCE
8.1. The Agency Worker may be eligible for statutory sick pay (SSP) provided that he/she meets the relevant statutory criteria.
8.2. The Agency Worker must give the Employment Business evidence of incapacity to work, which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
8.3. For the purposes of SSP there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.
8.4. If the Agency Worker submits a statement of fitness for work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.
8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate. 9.
TERMINATION 9.1.
Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. If the contract between the Employment Business and the Hirer is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Agency Worker (except for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
9.3. If the Agency Worker does not tell the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
9.4. If the Agency Worker is absent during an Assignment and the Assignment has not been otherwise terminated under clauses9.1 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. 9.6. On the termination of the Agency Worker’s Assignment, the Employment Business will pay the Agency Worker all holiday accrued but not taken during the Assignment in accordance with WTR.
10.INTELLECTUAL PROPERTY RIGHTS
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.
11.1.4. Not at any time, whether during or after an Assignment will the “Agency Worker” share false or misleading information on Social Media or Review sites. The “Hirer” bears the rights to take any misleading information further. Nor does the “Hirer” have the rights to share false information to any other party or person(s) regarding the “Agency Worker” 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. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.
15. RIGHTS OF THIRD PARTIES 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/Scotland/ Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland.
Signed by the Agency Worker [print name here]................................
Date ..............................................