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  (1) More Recruitment Ltd AND (2) ……………………………………. TERMS OF ENGAGEMENT FOR TEMPORARY WORKERS THIS AGREEMENT is made on ………………………….(date) BETWEEN: (1) More Recruitment Ltd incorporated and registered in England and Wales with company number 12057289 whose registered office is at 1 Merus Court, LE19 1RJ (2) …………………………… of ………………………………………… (“Temporary Worker”).

IT IS AGREED as follows:

1 INTERPRETATION

1.1 In these terms of engagement, the following definitions apply:

“Assignment” means the temporary services to be carried out by the Temporary Worker for the Client;

“AWR 2010” means the Agency Workers Regulations 2010;

“Client” means the person, firm, partnership, or corporate body with any subsidiary (as defined in s1159 Companies Act 2006) or associated person, firm or corporate body to whom the temporary worker is Introduced;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Business Regulations 2003 as amended;

"Confidential Information” means information in whatever form relating to the Client or the Employment Business which is confidential including, without limitation, technical data and know how and including (but not limited to) information that the Temporary Worker creates, develops, receives or obtains in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential;

“Other Qualifying Period Payment” means any remuneration payable to the Temporary Worker (other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by a Temporary Worker and are not linked to a financial participation scheme (as defined by the AWR 2010);

“Qualifying Period” means 12 continuous calendar weeks, as defined in regulation 7 of the AWR 2010, subject always to regulations 8 and 9 of the AWR 2010;

“Qualifying Period Rate of Pay” the increased rate of pay that will be paid to the Temporary Worker after his completion of the Qualifying Period under the AWR (if appropriate) if it is higher than the Rate of Pay;

“Rate of Pay” the day one rate of pay that will be paid to the Temporary Worker by the Employment Business, unless or until the Qualifying Rate of Pay applies, which is included in the Fees;

“Relevant Period” the longer of either 14 weeks from the first day on which the Temporary Worker provided the Services to the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Agency to the Client. The ‘first day’ will be the first occasion on which a Temporary Worker is supplied to provide the Services for the Client, or the first day of an Assignment where there has been more than 42 days since the end of any previous Assignment;

“Relevant Terms and Conditions” means the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Temporary Worker has completed the Qualifying Period;

“Assignment Schedule” means written confirmation of the detail of a particular Assignment to be given to the Temporary Worker on acceptance of that Assignment;

“Temporary Worker” means a worker Introduced and supplied by the Employment Business to the Client to provide services to the Client not as an employee of the Client, who is deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010;

“WTR 1998” means the Working Time Regulations 1998.

1.2 A reference to a “company” shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

1.5 A reference to a particular law or regulation is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re enactment and includes any subordinate legislation for the time being in force made under it.

2 THE AGREEMENT

2.1 These terms of engagement constitute a contract for services between the Employment Business and the Temporary Worker (together with the Assignment Schedule) for the supply of services to the Client and shall govern all Assignments undertaken by the Temporary Worker (including, for the avoidance of doubt, where the Temporary Worker undertakes an Assignment without having signed these terms). No contract shall exist between the Employment Business and the Temporary Worker between Assignments.

2.2 In the event that they are unsigned, these Conditions are deemed to be accepted by the Temporary Worker by virtue of its Introduction to, interview or arrangement of an interview with, supply to, or Engagement by, a Client.

2.3 For the purposes of the Conduct Regulations, the Employment Business acts as an employment business in relation to the Introduction and supply of the Temporary Worker to the Client.

3 ASSIGNMENTS

3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker. The Employment Business is not obliged to offer an Assignment to the Temporary Worker and the Temporary Worker shall not be obliged to accept any Assignment offered by the Employment Business.

3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Temporary Worker agrees that suitability of an Assignment shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer Assignments of the type of work specified above or any other work.

3.3 Prior to, or at the same time that the Employment Business makes an offer of an Assignment to the Temporary Worker he will be given the following Required Information, which will usually be set out in the Assignment Schedule – Name of business, start time and rate of pay

3.3.1 the identity of the Client, and if applicable the nature of its business;

3.3.2 the date the Assignment is to commence and the duration or likely duration of the Assignment;

3.3.3 the position which the Client seeks to fill, including the type of work the Temporary Worker would be required to do, the location at which, and the hours during which, the Temporary Worker would be required to work;

3.3.4 the Rate of Pay and any expenses payable by or to the Temporary Worker;

3.3.5 any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and

3.3.6 the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or a professional body for the Temporary Worker to possess in order to work in the Assignment.

3.4 Where the Required Information is not given in paper form or by electronic means, the Employment Business shall confirm it in writing or electronically as soon as possible and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to the Temporary Worker.

3.5 Unless the Temporary Worker requests otherwise, clause 3.3 above will not apply where the Temporary Worker is being offered an Assignment by the Employment Business to work in the same position for a Client as one in which the Temporary Worker has previously been supplied within the previous five business days and the Required Information (with the exception of the date or likely duration of the Assignment) is the same as that already given to the Temporary Worker.

3.6 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Temporary Worker will be informed of the Qualifying Period Rate of Pay if different from the Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Temporary Worker is now entitled under the AWR 2010.

3.7 If the Temporary Worker considers that they have not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Temporary Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of their concerns. The Employment Business shall, within 28 days of receiving such request, provide the Temporary Worker with a written statement in response.

4 TEMPORARY WORKER'S OBLIGATIONS

4.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business. If the Temporary Worker does accept an Assignment, the Temporary Worker shall:

4.1.1 co operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;

4.1.2 observe any relevant rules and regulations of the Client's organisation (including normal hours of work) of which the Temporary Worker has been informed or of which the Temporary Worker should be reasonably aware;

4.1.3 co operate with the Employment Business in the completion and renewal of all mandatory check, including in relation to the Temporary Worker's right to work in the United Kingdom;

4.1.4 take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Client;

4.1.5 not engage in any conduct detrimental to the interests of the Employment Business or the Client;

4.1.6 comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client's business. 4.2 If the Temporary Worker accepts any Assignment offered by the Employment Business, the Temporary Worker undertakes to:

4.2.1 inform the Employment Business of any calendar weeks in which the Temporary Worker has worked in the same or a similar role with the Client via any third party (including another agency);

4.2.2 provide the Employment Business with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Employment Business; and 4.2.3 inform the Employment Business if, before the date of the commencement of the relevant Assignment, the Temporary Worker has: 4.2.3.1 completed two or more assignments with the Client;

4.2.3.2 completed at least one assignment with the Client and one or more assignments with a member of the Client's Group; or

4.2.3.3 worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.

4.3 If the Temporary Worker is unable for any reason to attend work during the course of an Assignment, they should first inform the Employment Business at least 4 hours before the shift start time. If you do not contact in that time you may be charged for the cost of the shift.

4.4 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why they may not be suitable for an Assignment, they shall notify the Employment Business without delay.

5 PAY

5.1 Subject to the Temporary Worker submitting properly authorised time sheets in accordance with clause 6 below:

5.1.1 the Employment Business shall pay the Rate of Pay to the Temporary Worker until the Temporary Worker completes the Qualifying Period. The Rate of Pay will be set out in the relevant Assignment Schedule for a particular Assignment.

5.1.2 if the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Temporary Worker:

5.1.2.1 the Qualifying Period Rate of Pay; and

5.1.2.2 the Other Qualifying Period Payments, which will be notified to the Temporary Worker in writing.

5.2 Subject to any applicable statutory entitlement and to clause 7 below and clause 8 below, the Temporary Worker is not entitled to receive payment from the Employment Business or the Client for time not spent working on the Assignment, unless otherwise agreed.

5.3 Holiday year runs from January 1st to December 31st , holiday hours will not be rolled over to the following year. All holiday request forms will need to be signed by both candidate and client and sent to accounts.leicester@morerec.co.uk this will need to be done at least 1 weeks prior to holiday leave.

5.4 The Temporary worker must complete a request form for all outstanding holiday owed within 21 working days from the finish date of the assignment, failure to complete this will mean holiday will be lost.

6 TIME SHEETS

6.1 At the end of each week of an Assignment (or at the end of an Assignment if it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business a completed time sheet indicating the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.

6.2 Subject to clause

6.3 below, the Employment Business shall pay the Temporary Worker for all hours worked on a weekly basis and to send in to accounts.leicester@morerec.co.uk regardless of whether the Employment Business has received payment from the Client for those hours. This MUST be sent in by 10am every Monday, failure to do so will result to a delay in payment. 6.3 Where the Temporary Worker fails to submit a properly authorised time sheet, or the Client refuses to sign a timesheet for the hours worked, any payment due to the Temporary Worker may be delayed while the Employment Business investigates (in a timely fashion) what hours, if any, were worked by the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.

6.4 For the avoidance of doubt and for the purposes of the WTR 1998, the Temporary Worker's working time shall only consist of those periods during which they are carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises (with the exception of time spent travelling between two or more premises of the Client), lunch breaks and other rest breaks shall not count as part of the Temporary Worker's working time for these purposes.

6.5 The Temporary Worker acknowledges and accepts that it could be a criminal offence to falsify any time sheet, for example by claiming payment for hours that were not actually worked.

7 TERMINATION

7.1 The Employment Business, the Client or the Temporary Worker may terminate the Assignment at any time without prior notice or liability.

7.2 The Temporary Worker acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Employment Business and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Temporary Worker, except for payment for work done up to the date of termination of the Assignment.

7.3 Unless exceptional circumstances apply, the Temporary Worker's failure to inform the Client or the Employment Business of their inability to attend work as required by clause 4.3 above will be treated as termination of the Assignment by the Temporary Worker.

7.4 If the Temporary Worker is absent during the course of an Assignment and the Assignment has not otherwise been terminated, the Employment Business will be entitled to terminate the Assignment in accordance with clause

7.1 below if the work to which the Temporary Worker was assigned is no longer available.

8 CONFIDENTIALITY

8.1 In order to protect the confidentiality and trade secrets of the Employment Business and the Client, the Temporary Worker agrees not at any time:

8.1.1 whether during or after an Assignment (unless expressly so authorised by the Client or the Employment Business as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the Confidential Information of the Client or the Employment Business; or

8.1.2 to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or the Employment Business except when required to do so in the course of the Temporary Worker's duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Employment Business, as appropriate.

8.2 The restriction in clause 8.1 does not apply to:

8.2.1 any use or disclosure authorised by the Client or the Employment Business or as required by law;

8.2.2 any information which is already in, or comes into, the public domain otherwise than through the Temporary Worker's unauthorised disclosure; or

8.2.3 the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.

8.3 At the end of each Assignment or on request, the Temporary Worker agrees to deliver up to the Client or the Employment Business (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in its possession, including any data produced, maintained or stored on the Client's computer systems or other electronic equipment.

9 DATA PROTECTION

9.1 The Temporary Worker consents to the Employment Business controlling and/or processing any "Personal Data" (as defined in the Data Protection Laws).

9.2 The Temporary Worker consents to the Employment Business making such Personal Data available to the Client, those who provide products or services to the Employment Business, its advisers, regulatory authorities, governmental or quasi- governmental organisations, and potential purchasers of the Employment Business or any part of its business.

9.3 The Temporary Worker shall comply with the Employment Business’ and the Client’s data protection policies, relevant obligations under the Data Protection Laws and associated codes of practice, when processing Personal Data relating to any employee, worker, customer, client, supplier or agent of the Employment Business or the Client.

9.4 The Temporary Worker hereby assigns to the Client or the Employment Business all existing and future intellectual property rights in any works or inventions created during the Assignment and all materials embodying these rights to the fullest extent permitted by law. Insofar as they do not vest automatically by operation of law or under this Agreement, the Temporary Worker holds legal title in these rights and inventions on trust for the Client or the Employment Business.

9.5 All candidate data will be deleted by the agency if the candidate does not work for the agency for a time frame of 6 months

9.6 Temporary work will have to register if they do not work for the agency after a 6 month period.

10 WARRANTIES AND INDEMNITIES

The Temporary Worker warrants that:

10.1 the information supplied to the Employment Business in any application documents is correct;

10.2 the Temporary Worker has the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for the Temporary Worker to possess in order to perform the Assignment;

10.3 the Temporary Worker is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling the Temporary Worker's obligations under this agreement; and

10.4 the Temporary Worker has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.

10.5 Insurances – It is the responsibility of the Candidate (LTD Driver) to provide their own Public Liability, Public Indemnity, Drivers Negligence. If you do not provide this you will be charged £5 per week for full cover or If you refuse you will be refused work.

11 NOTICES All notices which are required to be given in accordance with these terms of engagement shall be in writing and may be delivered personally or by first classed prepaid post to the registered office, or last known address of the party upon whom the notice is to be served, or by email. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post, 48 hours following posting and if by email, when it is sent.

12 SEVERANCE If any provision or part-provision of these Conditions or any Assignment Schedule is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions or any Assignment Schedule.

13 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

13.1 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted.

13.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.

13.3 Taxes and National Insurance is to be filed and completed by the Candidate (Ltd Driver) using their registered accountant and if any taxes sent to the end client will be claimed back from the Candidate (Ltd Driver). It is the responsibility of the Candidate (Ltd Driver) to pay the correct taxes on time and any claims from HMRC to the client or Agency will be claimed back from the Candidate (Ltd Driver.)

14 GOVERNING LAW AND JURISDICTION


This agreement and any dispute or claim arising out of or in connection with it is subject to the laws of England and Wales.  

1.

1. ARE YOU LEGALLY ALLOWED TO WORK IN THE UK?

YES

NO


1. Choose one of the following statements

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. 

2. Do you have a student loan which is not fully repaid and all of the following apply:

– 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.) 


1. HAVE YOU WORKED FOR US PREVIOUSLY?

YES

NO
 

2. ARE YOU PREPARED TO UNDERGO A MEDICAL EXAMINATION AND/OR A DRUGS TEST SHOULD IT BE REQUESTED?

YES

NO
 


1. Certain types of employment and professions are exempt from the rehabilitation of offenders act 1974 and in those cases particularly where the employment is sought in relation to positions involving working with children or vulnerable adults, details for all criminal convictions must be given.

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:                                                                         


1. More Recruitment operates an equal opportunities policy, which means that we will not unlawfully discriminate, directly or indirectly, against people on the grounds of their sex, marital status, age or disability, or on the grounds of race, colour, national origin or political opinions or religious belief.

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:  


1. NAME AND ADDRESS OF GP
2. DO YOU WORK TWILIGHT HOURS/NIGHTS ONLY? 

YES/NO

3. DO YOU WORK INTERNAL ROTATION SHIFT?

YES/NO

4. HAS YOUR EMPLOYMENT EVER BEEN TERMINATED ON THE GROUNDS OF ILL HEALTH? YES/NO

IF YES, PLEASE PROVIDE DETAILS

5. APPROXIMATELY HOW MANY DAYS/WEEKS SICKNESS ABSENCE DID YOU HAVE IN THE LAST TWELVE MONTHS?
6. HOW MANY UNITS OF ALCOHOL DO YOU CONSUME WEEKLY?
7. DO YOU SMOKE?

YES/NO

8. ARE YOU CURRENTLY TAKING PRESCRIBED MEDICINE?

YES/NO

9. ARE YOU CURRENTLY UNDER THE CARE OF A DOCTOR OR OTHER MEDICAL PROFESSIONAL?

YES/NO


1. HEART TROUBLE

YES/NO

2. STOMACH ULCERS

YES/NO

3. FREQUENT DIARRHOEA

YES/NO

4. CHEST PAINS

YES/NO

5. CIRCULATORY PROBLEMS

YES/NO

6. DIGESTIVE DISORDERS

YES/NO

7. ANGINA

YES/NO

8. HIGH BLOOD PRESSURE

YES/NO

9. KIDNEY / BLADDER DISORDER

YES/NO

10. DRUG / ALCOHOL ABUSE

YES/NO

11. ASTHMA

YES/NO

12. DEPRESSION / ANXIETY

YES/NO

13. IF YOU HAVE ANSWERED YES TO ANY QUESTIONS ABOVE, PLEASE GIVE DETAILS AND APPROXIMATE DATES WHERE RELEVANT.
14. DO YOU HAVE ANY HEALTH ISSUES OR A DISABILITY RELEVANT WHICH MAY MAKE IT DIFFICULT FOR YOU TO CARRY OUT FUNCTIONS WHICH ARE ESSENTIAL FOR THE ROLE YOU SEEK?

YES/NO


1. It is anticipated that your average weekly hours of work, excluding meals and rest breaks, may exceed 48 hours. Your acceptance of this statement signifies your agreement to work more than 48 hours when required.

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. 


1. It is agreed that the company and the employees will adopt the flexibility permitted by the regulations as set out below. This agreement will remain in force for a period of 5 years when we will establish another workforce agreement:

- 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. 


1. All employers must have a Health & Safety Policy stating who is responsible for Health & Safety and the arrangements that are put in place.

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.  


1. I understand that PPE is essential to work safely.

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. 


1. I hereby confirm that the information provided by me in this application form is true, complete and accurate.

 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. 


1. I understand that More Recruitment will use my personal data for the purposes of identifying suitable job opportunities in accordance with the company's . This involves contacting myself and potential employers and partner agencies, using my personal data in respect to jobs that are relevant to me, both now and in the future. I confirm my agreement with the above. 

1.

1.   (1) More Recruitment Ltd AND

(2) …………………………………….

TERMS OF ENGAGEMENT FOR TEMPORARY WORKERS

LTD Drivers Only      

THIS AGREEMENT is made on ………………………….(date)

BETWEEN:


(1) More Recruitment Ltd incorporated and registered in England and Wales with company number 12057289 whose registered office is at 1 Merus Court, LE19 1RJ (2) …………………………… of ………………………………………… (“Temporary Worker”). 

IT IS AGREED as follows:

1 INTERPRETATION

1.1 In these terms of engagement, the following definitions apply:

“Assignment” means the temporary services to be carried out by the Temporary Worker for the Client;

“AWR 2010” means the Agency Workers Regulations 2010;

“Client” means the person, firm, partnership, or corporate body with any subsidiary (as defined in s1159 Companies Act 2006) or associated person, firm or corporate body to whom the temporary worker is Introduced;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Business Regulations 2003 as amended;

“Confidential Information” means information in whatever form relating to the Client or the Employment Business which is confidential including, without limitation, technical data and know how and including (but not limited to) information that the Temporary Worker creates, develops, receives or obtains in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential;

“Other Qualifying Period Payment” means any remuneration payable to the Temporary Worker (other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by a Temporary Worker and are not linked to a financial participation scheme (as defined by the AWR 2010);

“Qualifying Period” means 12 continuous calendar weeks, as defined in regulation 7 of the AWR 2010, subject always to regulations 8 and 9 of the AWR 2010;

“Qualifying Period Rate of Pay” the increased rate of pay that will be paid to the Temporary Worker after his completion of the Qualifying Period under the AWR (if appropriate) if it is higher than the Rate of Pay;

“Rate of Pay” the day one rate of pay that will be paid to the Temporary Worker by the Employment Business, unless or until the Qualifying Rate of Pay applies, which is included in the Fees;

“Relevant Period” the longer of either 14 weeks from the first day on which the Temporary Worker provided the Services to the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Agency to the Client. The ‘first day’ will be the first occasion on which a Temporary Worker is supplied to provide the Services for the Client, or the first day of an Assignment where there has been more than 42 days since the end of any previous Assignment;

“Relevant Terms and Conditions” means the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Temporary Worker has completed the Qualifying Period;

“Assignment Schedule” means written confirmation of the detail of a particular Assignment to be given to the Temporary Worker on acceptance of that Assignment;

“Temporary Worker” means a worker Introduced and supplied by the Employment Business to the Client to provide services to the Client not as an employee of the Client, who is deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010;

“WTR 1998” means the Working Time Regulations 1998.

1.2 A reference to a “company” shall include any company, corporation or other body corporate, wherever and however incorporated or established.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

1.5 A reference to a particular law or regulation is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re enactment and includes any subordinate legislation for the time being in force made under it. 

2 THE AGREEMENT

2.1 These terms of engagement constitute a contract for services between the Employment Business and the Temporary Worker (together with the Assignment Schedule) for the supply of services to the Client and shall govern all Assignments undertaken by the Temporary Worker (including, for the avoidance of doubt, where the Temporary Worker undertakes an Assignment without having signed these terms). No contract shall exist between the Employment Business and the Temporary Worker between Assignments.

2.2 In the event that they are unsigned, these Conditions are deemed to be accepted by the Temporary Worker by virtue of its Introduction to, interview or arrangement of an interview with, supply to, or Engagement by, a Client.

2.3 For the purposes of the Conduct Regulations, the Employment Business acts as an employment business in relation to the Introduction and supply of the Temporary Worker to the Client.  

3 ASSIGNMENTS

3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker. The Employment Business is not obliged to offer an Assignment to the Temporary Worker and the Temporary Worker shall not be obliged to accept any Assignment offered by the Employment Business.

3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Temporary Worker agrees that suitability of an Assignment shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer Assignments of the type of work specified above or any other work.

3.3 Prior to, or at the same time that the Employment Business makes an offer of an Assignment to the Temporary Worker he will be given the following Required Information, which will usually be set out in the Assignment Schedule – Name of business, start time and rate of pay

3.3.1 the identity of the Client, and if applicable the nature of its business;

3.3.2 the date the Assignment is to commence and the duration or likely duration of the Assignment;

3.3.3 the position which the Client seeks to fill, including the type of work the Temporary Worker would be required to do, the location at which, and the hours during which, the Temporary Worker would be required to work;

3.3.4 the Rate of Pay and any expenses payable by or to the Temporary Worker;

3.3.5 any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and

3.3.6 the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or a professional body for the Temporary Worker to possess in order to work in the Assignment.

3.4 Where the Required Information is not given in paper form or by electronic means, the Employment Business shall confirm it in writing or electronically as soon as possible and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to the Temporary Worker.

3.5 Unless the Temporary Worker requests otherwise, clause 3.3 above will not apply where the Temporary Worker is being offered an Assignment by the Employment Business to work in the same position for a Client as one in which the Temporary Worker has previously been supplied within the previous five business days and the Required Information (with the exception of the date or likely duration of the Assignment) is the same as that already given to the Temporary Worker.

3.6 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Temporary Worker will be informed of the Qualifying Period Rate of Pay if different from the Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Temporary Worker is now entitled under the AWR 2010. 3.7 If the Temporary Worker considers that they have not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Temporary Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of their concerns. The Employment Business shall, within 28 days of receiving such request, provide the Temporary Worker with a written statement in response. 

4 TEMPORARY WORKER'S OBLIGATIONS

4.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business. If the Temporary Worker does accept an Assignment, the Temporary Worker shall:

4.1.1 co operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;

4.1.2 observe any relevant rules and regulations of the Client's organisation (including normal hours of work) of which the Temporary Worker has been informed or of which the Temporary Worker should be reasonably aware;

4.1.3 co operate with the Employment Business in the completion and renewal of all mandatory check, including in relation to the Temporary Worker's right to work in the United Kingdom;

4.1.4 take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Client;

4.1.5 not engage in any conduct detrimental to the interests of the Employment Business or the Client;

4.1.6 comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client's business.

4.2 If the Temporary Worker accepts any Assignment offered by the Employment Business, the Temporary Worker undertakes to:

4.2.1 inform the Employment Business of any calendar weeks in which the Temporary Worker has worked in the same or a similar role with the Client via any third party (including another agency);

4.2.2 provide the Employment Business with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Employment Business; and

4.2.3 inform the Employment Business if, before the date of the commencement of the relevant Assignment, the Temporary Worker has:

4.2.3.1 completed two or more assignments with the Client;

4.2.3.2 completed at least one assignment with the Client and one or more assignments with a member of the Client's Group; or

4.2.3.3 worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.

4.3 If the Temporary Worker is unable for any reason to attend work during the course of an Assignment, they should first inform the Employment Business at least 4 hours before the shift start time. If you do not contact in that time you may be charged for the cost of the shift.

4.4 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why they may not be suitable for an Assignment, they shall notify the Employment Business without delay. 

5 PAY

5.1 Subject to the Temporary Worker submitting properly authorised time sheets in accordance with clause 6 below:

5.1.1 the Employment Business shall pay the Rate of Pay to the Temporary Worker until the Temporary Worker completes the Qualifying Period. The Rate of Pay will be set out in the relevant Assignment Schedule for a particular Assignment.

5.1.2 if the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Temporary Worker:

5.1.2.1 the Qualifying Period Rate of Pay; and

5.1.2.2 the Other Qualifying Period Payments, which will be notified to the Temporary Worker in writing.

5.2 Subject to any applicable statutory entitlement and to clause 7 below and clause 8 below, the Temporary Worker is not entitled to receive payment from the Employment Business or the Client for time not spent working on the Assignment, unless otherwise agreed.

5.3 All LTD Drivers Must send an invoice with a signed Timesheet, both must be provided if not the payment will be delayed.

5.4 If the LTD Driver is VAT registered you must provide a VAT registered Certificate and the agency may ask at any time for proof of VAT Payments that have been declared to HMRC.

5.5 The Agency has the rights to suspend any payment if there is a need for investigation, the payment can be with held for up to 21 working days.  

6 TIME SHEETS

6.1 At the end of each week of an Assignment (or at the end of an Assignment if it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business a completed time sheet indicating the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.

6.2 Subject to clause

6.3 below, the Employment Business shall pay the Temporary Worker for all hours worked on a weekly basis and to send in to accounts.leicester@morerec.co.uk regardless of whether the Employment Business has received payment from the Client for those hours. This MUST be sent in by 10am every Monday, failure to do so will result to a delay in payment.

6.3 Where the Temporary Worker fails to submit a properly authorised time sheet, or the Client refuses to sign a timesheet for the hours worked, any payment due to the Temporary Worker may be delayed while the Employment Business investigates (in a timely fashion) what hours, if any, were worked by the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.

6.4 For the avoidance of doubt and for the purposes of the WTR 1998, the Temporary Worker's working time shall only consist of those periods during which they are carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises (with the exception of time spent travelling between two or more premises of the Client), lunch breaks and other rest breaks shall not count as part of the Temporary Worker's working time for these purposes.

6.5 The Temporary Worker acknowledges and accepts that it could be a criminal offence to falsify any time sheet, for example by claiming payment for hours that were not actually worked. 

7 TERMINATION

7.1 The Employment Business, the Client or the Temporary Worker may terminate the Assignment at any time without prior notice or liability.

7.2 The Temporary Worker acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Employment Business and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Temporary Worker, except for payment for work done up to the date of termination of the Assignment.

7.3 Unless exceptional circumstances apply, the Temporary Worker's failure to inform the Client or the Employment Business of their inability to attend work as required by clause 4.3 above will be treated as termination of the Assignment by the Temporary Worker.

7.4 If the Temporary Worker is absent during the course of an Assignment and the Assignment has not otherwise been terminated, the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 below if the work to which the Temporary Worker was assigned is no longer available. 

8 CONFIDENTIALITY


8.1 In order to protect the confidentiality and trade secrets of the Employment Business and the Client, the Temporary Worker agrees not at any time:

8.1.1 whether during or after an Assignment (unless expressly so authorised by the Client or the Employment Business as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the Confidential Information of the Client or the Employment Business; or

8.1.2 to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or the Employment Business except when required to do so in the course of the Temporary Worker's duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Employment Business, as appropriate.

8.2 The restriction in clause 8.1 does not apply to:

8.2.1 any use or disclosure authorised by the Client or the Employment Business or as required by law;

8.2.2 any information which is already in, or comes into, the public domain otherwise than through the Temporary Worker's unauthorised disclosure; or 8.2.3 the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.

8.3 At the end of each Assignment or on request, the Temporary Worker agrees to deliver up to the Client or the Employment Business (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in its possession, including any data produced, maintained or stored on the Client's computer systems or other electronic equipment.  

9 DATA PROTECTION

9.1 The Temporary Worker consents to the Employment Business controlling and/or processing any "Personal Data" (as defined in the Data Protection Laws).

9.2 The Temporary Worker consents to the Employment Business making such Personal Data available to the Client, those who provide products or services to the Employment Business, its advisers, regulatory authorities, governmental or quasi-governmental organisations, and potential purchasers of the Employment Business or any part of its business.

9.3 The Temporary Worker shall comply with the Employment Business’ and the Client’s data protection policies, relevant obligations under the Data Protection Laws and associated codes of practice, when processing Personal Data relating to any employee, worker, customer, client, supplier or agent of the Employment Business or the Client.

9.4 The Temporary Worker hereby assigns to the Client or the Employment Business all existing and future intellectual property rights in any works or inventions created during the Assignment and all materials embodying these rights to the fullest extent permitted by law. Insofar as they do not vest automatically by operation of law or under this Agreement, the Temporary Worker holds legal title in these rights and inventions on trust for the Client or the Employment Business.

9.5 All candidate data will be deleted by the agency if the candidate does not work for the agency for a time frame of 6 months

9.6 Temporary work will have to register if they do not work for the agency after a 6 month period.  

10 WARRANTIES AND INDEMNITIES

The Temporary Worker warrants that:

10.1 the information supplied to the Employment Business in any application documents is correct;

10.2 the Temporary Worker has the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for the Temporary Worker to possess in order to perform the Assignment;

10.3 the Temporary Worker is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling the Temporary Worker's obligations under this agreement; and

10.4 the Temporary Worker has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.

10.5 Insurances – It is the responsibility of the Candidate (LTD Driver) to provide their own Public Liability, Public Indemnity, Drivers Negligence. If you do not provide this you will be charged £5 per week for full cover or If you refuse you will be refused work.  

11 NOTICES

All notices which are required to be given in accordance with these terms of engagement shall be in writing and may be delivered personally or by first classed prepaid post to the registered office, or last known address of the party upon whom the notice is to be served, or by email. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post, 48 hours following posting and if by email, when it is sent. 

12 SEVERANCE

If any provision or part-provision of these Conditions or any Assignment Schedule is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions or any Assignment Schedule.

13 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

13.1 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted.

13.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.

13.3 Taxes and National Insurance is to be filed and completed by the Candidate (Ltd Driver) using their registered accountant and if any taxes sent to the end client will be claimed back from the Candidate (Ltd Driver). It is the responsibility of the Candidate (Ltd Driver) to pay the correct taxes on time and any claims from HMRC to the client or Agency will be claimed back from the Candidate (Ltd Driver.)

14 GOVERNING LAW AND JURISDICTION


This agreement and any dispute or claim arising out of or in connection with it is subject to the laws of England and Wales. 

This agreement has been entered into on the date stated at the beginning of it.

SIGNED by …………………………………..for and on behalf of More Recruitment Ltd

…………………………………………………………………....

SIGNED by …………………………………………..the Temporary Worker ………………………………………………………………… 


1. I agree for a deduction of £4.00 for 2 shifts or £8 for 3 shifts plus to be deducted from my weekly pay for each shift that I work as this is to cover myself on Drivers Negligence Insurance. Insurance Excess / Gross Negligence At More Recruitment Group we understand that accidents can and do happen, however when loss or damage to company vehicles or equipment up to the value of the insurance excess is due to gross negligence or careless actions by the worker then the cause of any incident will be determined by an internal investigation in accordance with the More Recruitment Group driver negligence procedure. If the incident is proven to be of gross negligence or careless in nature then More Recruitment Group reserve the right to deduct the insurance excess over an agreed period of time or in one lump sum payment. This has been communicated between myself and More Recruitment Group. 
2.

1.