1. Definitions

1.1 In these Terms of Engagement, the following definitions apply: 

• 'Assignment' refers to the period during which the Work-Seeker is provided to render services to the Hirer.
• 'Hirer' refers to the individual, company, or corporate body requiring the services of the Work-Seeker, including any subsidiary or associated organization as defined by the Companies Act 1985.
• 'Employment Business' refers to StaffZilla Ltd.
• 'Work-Seeker' refers to an individual seeking temporary work, including limited company contractors who have not opted out of the rules.
• 'Relevant Period' means the longer duration of either 14 weeks from the first day the Work-Seeker worked for the Hirer or eight weeks from the day after the Work-Seeker was finally provided by the Employment Business to the Hirer.

1.2 Unless the context otherwise requires, references to the singular include the plural.

1.3 The headings contained in these Terms are for convenience and do not affect their interpretation.

2. The Contract

2.1 These Terms constitute a contract for services between the Employment Business and the Work-Seeker, governing all Assignments undertaken by the Work-Seeker. No agreement shall exist between the Employment Business and the Work-Seeker between Assignments.

2.2 For clarity, these Terms do not establish a contract of employment between the Employment Business and the Work-Seeker. The Work-Seeker is engaged as a self-employed worker, with statutory deductions made by the Employment Business in accordance with clause 4.1.

2.3 No modification or alteration to these Terms shall be valid unless agreed upon in writing between the Employment Business and the Work-Seeker, with a copy of the amended terms provided to the Work-Seeker.

3. Assignments

3.1 The Employment Business will strive to secure suitable Assignments for the Work-Seeker in the specified position(s). The Work-Seeker is not obligated to accept any Assignment offered by the Employment Business.

3.2 The Employment Business shall provide information on required workwear for the Assignment in compliance with Health & Safety procedures of the Hirer. The Work-Seeker must ensure they have the appropriate workwear and will not hold the Employment Business liable for any financial claims resulting from negligence in this regard.

3.3 The Work-Seeker acknowledges the intermittent nature of temporary work and agrees that the suitability of Assignments is determined solely by the Employment Business. No contractual relationship exists between the Work-Seeker and the Employment Business during periods of non-employment on an Assignment.

3.4 When offering an Assignment, the Employment Business shall provide the Work-Seeker with detailed information about the Hirer, work details, start date, duration, job type, location, working hours, remuneration, fees, safety risks, and required qualifications or authorizations.

3.5 The commencement date for calculating weekly hours under the Working Time Regulations is the date the Work-Seeker starts the first Assignment.

3.6 If the Hirer wishes to employ the Work-Seeker directly or through another employment agency before or during the Relevant Period, it can be done without additional charge to the Hirer. However, if the Hirer introduces the Work-Seeker to a third party who subsequently hires them during the Relevant Period, the Employment Business may charge a fee to the Hirer.

4. Remuneration

4.1 The Employment Business will pay the Work-Seeker remuneration at an hourly rate, with the actual rate specified per Assignment. Payments are made weekly in arrears, subject to statutory deductions, including PAYE and National Insurance Contributions.

4.2 Except as provided by law, the Work-Seeker is not entitled to payment for time not worked during an Assignment.

4.3 The Work-Seeker is aware that the agreed hourly rate includes vacation pay. Accumulating and separately paid holidays may result in a reduced hourly rate.

5. Statutory Leave

5.1 Paid annual leave entitlement is calculated in accordance with the Working Time Regulations 1998, with the leave year commencing on January 1st.

5.2 The Work-Seeker is entitled to 28 days of paid leave per year, which must be taken during the accrual year and cannot be carried over.

5.3 To take paid leave during an Assignment, the Work-Seeker must provide written notice to the Employment Business, allowing adequate time for processing. The Employment Business may provide counter-notice in certain cases.

5.4 Payment for annual leave is proportional to time worked during an Assignment and is based on regular working hours.

5.5 Upon termination of this agreement with a P45 request, the Work-Seeker is entitled to payment for any untaken leave.

6. Sickness Absence

6.1 Statutory Sick Pay eligibility is subject to meeting statutory criteria.

6.2 To qualify for Statutory Sick Pay, the Work-Seeker must have completed thirteen consecutive weeks of work.

7. Health disclosure

7.1Staffzilla commit to informing you of any tasks involving heavy lifting or potential risks associated with a role you are considering applying for. However, it is your responsibility to disclose any healthcare conditions prior to commencing work at a site

8. Timesheets

8.1 The Work-Seeker shall submit a completed timesheet to the Employment Business each week (or at the end of an Assignment lasting one week or less). The timesheet should indicate the hours worked and be signed by a Hirer representative.

8.2 The Employment Business will pay the Work-Seeker for all hours worked, regardless of whether payment has been received from the Hirer. Payments will be issued one week in arrears.

8.3 Failure to provide a properly authenticated timesheet may delay payment. The Employment Business will investigate disputed hours, and no payment will be made for unworked hours.

8.4 For compliance with the Working Time Regulations, working time includes activities and duties performed for the Hirer during the Assignment, excluding travel time, lunch breaks, and other rest periods. 

9. Conduct of Assignment

9.1 While not obliged to accept assignments, the Work-Seeker, if accepting, must:

9.2 In case of inability to attend work during an Assignment, notify the Hirer and/or the Employment Business within one hour of the Assignment's commencement. 8.3 Immediately inform the Employment Business if they become aware of any reason that may render them unsuitable for an Assignment. 

10. Termination

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

9.2 The Work-Seeker must provide one full working week's notice to terminate an Assignment.

9.3 Failure to inform the Hirer or the Employment Business of unavailability for work may be considered termination under clause 9.2, unless exceptional circumstances prevented compliance.

9.4 If the Work-Seeker is absent during an Assignment, and the Assignment is no longer available, the Employment Business may terminate the contract per clause 9.1.

9.5 If the Work-Seeker does not report availability for work for four weeks, the Employment Business will send the P45 to the last known address. 

11. Law

10.1 These Terms are governed by the law of England & Wales and fall under the exclusive jurisdiction of the Courts of England & Wales. 

Note: This revised version simplifies the language and organizes the terms for better readability. It also clarifies some points for better understanding.

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