1 Interpretation and Definitions
1.1 Unless the context otherwise requires, references to the singular include the plural, and references to the masculine include the feminine and vice versa.
1.2 The headings contained in this agreement are for convenience only and do not affect their interpretation. In these terms of engagement, the following definitions apply: “Agency Worker” means the Agency Worker or Limited Company Sub-Contractor. “Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay. “Assignment” means the period during which the Agency Worker is supplied by the Company to provide Services to the Hirer. Each Assignment period will end when the Agency Worker ceases to be supplied to the Hirer or be available for work except where this relates to normal shift breaks or approved absences. “Assignment Schedule” means the schedule or written details agreed between the Company and the Agency Worker for each Assignment containing all relevant particulars of the Assignment. “AWR” means the Agency Workers Regulations 2010 (As amended from time to time) “Hirer” means the person, firm or corporate body together with any subsidiary or associated company as defined by section 1159 of the Companies Act 2006 to whom the Agency Worker is supplied or introduced and includes any third party for whom the Agency Worker works pursuant to these Terms of:-
1.3 Engagement on behalf of the Hirer. “Qualifying Period” means the period as deemed in regulation 7 of the AWR for the Agency Worker to become entitled to the same basic working and employment conditions as dened in regulation 5 of the AWR. “Relevant Period” means (a) a period of eight weeks after the last day on which the Agency Worker worked for the Hirer having been supplied by the Company; or (b) a period of 14 weeks from the first day on which the Agency Worker worked for the Hirer having been supplied by the Company or 14 weeks from the rst day of the most recent Assignment where there has been a break or more than 6 weeks (42 days) since any previous assignment. “Terms” means the terms and conditions set out herein together with any assignment schedule to these terms.
2. The Contract
2.1. These terms constitute the entire agreement between the company and the agency worker and supersede all previous agreements between the parties in relation to the subject matter hereof and shall govern all Assignments undertaken by the Agency Worker.
2.2 No contract shall exist between the Company and the Agency Worker between Assignments.
2.3. No variation or alteration to these terms shall be valid unless the details of such variation are agreed by the parties being the Company and the Agency Worker and set out in writing and signed by both parties. A copy of the varied terms shall be given to the Agency Worker stating the date on or after such varied terms shall apply.
3. Agency Workers Status
3.1 During an Assignment the Agency Worker or Limited Company Sub-Contractor will be engaged by the Company under a contract for services.
3.2 The parties acknowledge that the Agency Worker or Limited Company Sub-Contractor is not an employee of the Company, and these terms shall not give rise to a contract of employment between the Company or the Hirer and the Agency Worker or Limited Company Sub-Contractor.
3.3 The Agency Worker is supplied as a worker and entitled to certain statutory rights. Nothing these terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
3.4 Where the Agency Worker elects to work via their own limited company the Agency Worker undertakes to indemnify Drivetek Recruitment Ltd against all claims or loses incurred as a result of the actions of the Limited Company Sub-Contractor.
3.5 As a Limited Company Agency Worker/Sub Contractor the Agency Worker undertakes to hold all relevant business insurance and Drivers Negligence Insurance and accepts total liability should any claims whatsoever be made against Drivetek Recruitment Ltd due to the actions of the Agency Worker or Limited Company Sub-Contractor.
3.5.1 If Working as a Limited Company Sub-Contractor you also agree to indemnify Drivetek Recruitment Ltd for all taxes and national insurance contributions due to HMRC by the Sub-Contractor and agree to keep indemnified Drivetek Recruitment Ltd for all costs and claims of a business nature.
3.6 The Agency Worker / Limited Company worker accepts liability for all insurance excess claims and authorizes Drivetek Recruitment Ltd to deduct the same from any or all outstanding payments due either in full or in part until the claim has been paid.
4. Assignments
4.1 The Company will endevor to obtain suitable Assignments for the Agency Worker to perform the agreed type of work shown in the Assignment schedule, which will be issued by SMS text, Verbal, Email or Telephone.
4.2 The parties agree that the Agency Worker will not be obliged to accept any Assignment offered by the Company, and the Company shall incur no liability to the Agency Worker should it fail to offer Assignments to the Agency Worker. The Company operates a 2 strike rule, If you refuse the Assignments on the 2nd time we will reserve the right to terminate our agreements at no cost to the Company.
4.3 The Agency Worker acknowledges that due to the nature of temporary work there may be periods when no suitable work may be available, and the Agency Worker agrees that suitability of work shall be determined by the Company.
4.4 For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations 1998 (as amended), the start date for the relevant averaging period shall be the start date on which the Agency Worker commences thefirst Assignment.
4.5 The Agency Worker acknowledges that should the Hirer or any third party introduced to the Agency Worker wishes to engage the Agency Worker either directly or indirectly or through another employment business, before or during an assignment or during the relevant period, the Company will be entitled to charge either the Hirer a transfer fee or to agree an extended hire period with the Hirer at the end of which the Agency Worker may be engaged directly by the Hirer or the third party or through another employment business.
5. Company Obligations
5.1 When an Assignment is offered to the Agency Worker the Company shall provide the Agency Worker with an assignment schedule.
5.1.2 The agency undertakes to pay the minimum hourly rate as required by law, and which will be no less than national minimum wage for all hours worked.
5.2 If a variation of the Assignment schedule is agreed between the Agency Worker and the Company, the Company shall provide a copy of the Assignment Schedule confirming the agreed variation to the Agency Worker by no later than 5 business days following the day on which the variation was agreed.
5.3 An Assignment schedule may not be provided by the Company to the Agency Worker in the following circumstances: 5.3.1 Where the Agency Worker is being offered an Assignment in the same position as they have undertaken within the five previous working days and the Assignment schedule has already been provided to the Agency Worker; or
5.3.2 Where the Assignment is intended to last for 5 consecutive days or less and the Assignment schedule has been previously provided to the Agency Worker before and the details remain unchanged. In such situation the Company may only provide written confirmation of the identity of the Hirer and the likely duration of the Assignment. Where the Assignment subsequently extends beyond 5 working days, the Company shall provide an Assignment schedule to the Agency Worker with 8 days of the start of the Assignment.
6. Agency Worker Obligations
6.1 The Agency Worker shall during every Assignment and afterwards where appropriate:
6.11 Co-operate with the Hirers reasonable instructions and accept the direction and supervision of any reasonable person in the Hirers organisation;
6.1.2 make themselves available to the Hirer for not less than the minimum daily working hours (the Assignment work pattern).
6.1.3 observe all relevant rules, policies and regulations of the Hirer site of which they are made aware.
6.1.4 take all reasonable steps to safeguard their own safety and that of any other person who may be affected by their actions during the Assignment.
6.1.5 not engage in any conduct that might be detrimental to the reasonable interests of the Company or the Hirer including without limitation any conduct reasonably likely to bring the company or the Hirer into disrepute, or which results in the loss of custom or business.
6.1.6 conduct him/herself in a professional manner, to dress appropriately, to wear any form of identification required by the Hirer and to observe and abide by any applicable laws;
6.1.7 at the end of the Assignment, or on demand, return to the Company or the Hirer as directed, all property of the Company or Hirer including but not limited to all equipment, materials, documents (including copies) and any other such materials, security passes, keys, uniforms, personal protective equipment or clothing.
6.1.8 If an Agency Worker damages client property including vehicles and it is shown as neglect by the Agency Worker, then all cost of that damage will be charged to the Agency Worker or Agency Workers Insurance if applicable.
6.1.9 If an Agency Worker causes damages as per 6.1.8, the Company reserves the right to withhold up to a £250 bond whilst the Hirer issues an invoice to us for the cost of repair, unless the Agency worker holds a relevant Drivers Negligence Insurance Cover or Public Liability Insurance where the worker is working as a limited company driver.
6.2 If the Agency Worker is unable for any reason to attend work during the course of an Assignment they should inform the Company prior to the start of the working day or hours. The Hirer should be contacted only where contact of the Company is not possible, but the Agency Worker must inform the Company at the first possible opportunity by telephone.
6.3 If the Agency Worker is offered an Assignment and they turn it down, we reserve the right on the 2nd refusal to terminate any and all agreements between the Agency Worker and the Company.
6.4 Where the Agency Worker becomes aware of any reason why they may not be suitable for an Assignment either before the commencement of or during an Assignment they shall notify the company immediately.
6.5 By commencing an Assignment, the Agency Worker acknowledges that he/she is not aware of anything that will cause a detriment to his/her interests and or the interests of the Company and/or the interests of the Hirer by being engaged in such an Assignment. The Agency Worker shall inform the Company immediately if he /she becomes aware of any circumstances which would render such an engagement so detrimental. The Agency Worker will notify the Company immediately of any circumstances that might reasonably affect the willingness of the Hirer to accept his/her services.
6.6 The Agency Worker warrants that all information given to the company as to his/her identity, permission to work in the UK, experience, training, qualications and authorisations which the Hirer considers are necessary, or which are required by law or by any professional body to work in the position which the Hirer seeks to fill is true and complete.
6.7 Prior to the commencement of any Assignment, the Agency Worker shall inform the Company if he/she is aware that she has worked for the Hirer (or for any company which is a parent company or subsidiary of, or shares an ultimate parent company with the Hirer) including via another employment business or third party at any since 1st October 2011 up to commencement of the most recent Assignment and if so, details of when and in what role (s), including details of any breaks between periods of work, and the reasons for such breaks.
6.8 Where the Agency Worker believes that she/he is entitled to access to collective facilities and amenities or to be informed of any relevant vacant posts with the Hirer or, having completed the Qualifying Period for an Assignment, he/she is entitled to but has not received the same basic working and employment conditions (as deemed in the AWR) as if he/she were directly recruited by the Hirer. The Agency Worker should discuss this with the Company setting out the premise for the concern.
6.9 The Agency Worker acknowledges that any breach of their obligations under this clause may cause the Company to suffer loss and they agree that the Company reserves the right to make a claim for damages to recover such losses from the Agency Worker.
6.10 The Agency Worker acknowledges that he/she may be asked by the Company or the Hirer to undergo drug or/and alcohol test or personal search at any time.
6.11 The Agency Worker authorises the company to check all license cards as required with DVLA for driving work and where requested by clients authorises the sharing of such information with the client requesting the worker.
7. Timesheets
7.1 At the end of each week or Assignment, unless instructed otherwise, The Agency Worker will deliver to the Company a fully and accurately completed timesheet indicating the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
7.2 All timesheets must be delivered, either by hand or in an electronic format such as SMS or Email by 09:00 each Monday morning. All timesheets delivered after that time may be carried over to the following week.
7.3 Where possible a copy of the digital tachograph print out should accompany the copy timesheet for each day you have worked.
7.4 All timesheets must be completed on Drivetek Recruitment Ltd timesheets unless directed to do otherwise by a representative of the Company.
7.5 Should the Agency Worker fail to submit a timesheet the Company shall conduct an investigation into the hours worked from the Hirer and once confirmation is received will be paid according to the Hirers instructions. The Company will endeavor to conduct the investigation in a timely manner to be able to pay the Agency Worker and raise the invoice to the Hirer, However the Agency Worker acknowledges there may be a delay in payment until the investigation has been concluded.
7.6 The Company shall make no payments to the Agency Worker for hours not worked or any cancelled jobs, which have already been offered to the Agency Worker, which is the result of the Hirer cancelling the Assignment.
7.7 For the purpose of the working time regulations 1998 (as amended) the Agency Workers working time shall only consist of those periods during which they undertake work for the Hirer as part of the Assignment. Subject to any amendments made to the Agency Workers basic working conditions during the term of this agreement in compliance with regulation 5 of the AWR, time spent traveling to the Hirer’s premises, lunch breaks and other rest breaks, shall not count as part of the Agency Workers working time for these purposes.
8. Payment
8.1 The Company shall pay to the Agency Worker, the rate of pay set out in the relevant Assignment schedule which will be paid for time worked during an Assignment weekly in arrears providing the work is completed to a satisfactory conclusion. The hourly rate may vary but will be at least equivalent to the statutory minimum wage in force at the time for the work undertaken regardless. Failure to complete an assignment may at the agencies discretion mean the agency has the right to the reduce the hourly rate to the national minimum working wage payable as required by law for all hours worked, where the client refuses to pay the agency invoice due to the failure of the agency worker to complete the assignment to a satisfactory conclusion as deemed by the client.
8.2 The parties acknowledge that the company may be required by law to make certain statutory deductions from the Agency Workers pay. Such deductions may be subject in respect of PAYE pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and class 1 National Insurance Contributions, and any other deductions which the Company or Outsourced Payroll Provider may be required to make by law and any other agreed deductions that the Company or Outsourced Payroll Provider is entitled to make from the Agency Workers pay for any overpayment of wages, holiday pay, unreturned company property and for any monies owed to the Company by the Agency worker.
8.3 The Agency Worker may by virtue having completed the qualifying period for an Assignment may be entitled under the AWR to an increase in his/her pay and other emoluments and any such variation will be notified to the Agency Worker in the Assignment schedule.
8.4 The Agency Worker agrees to comply with all requirements of the Company and/or Hirer relating to the assessment of the Agency Workers performance for the purpose of determining entitlement to any element of pay including bonuses.
8.5 Subject to any statutory entitlement under the relevant legislation referred to in clause 9 and 10 below and any other entitlement the Agency Worker is not entitled to receive payment from the Company or the Hirer for time not spent on Assignment, whether in respect
9. Statutory Paid Annual Leave
9.1 Subject to any increased entitlement pursuant to the AWR, The Agency Worker is entitled to paid annual leave. Limited Company drivers must make their own provision for holiday pay. Agency Workers paid via the Outsourced PAYE provider will have holiday pay at 12.07% paid in with the hourly rates paid weekly as rolled up holiday pay.
9.2 Unless otherwise stated in the relevant Assignment schedule, paid annual leave is paid as part of the hourly rate in proportion to the annual leave entitlement, currently at 12.07%, for the amount of time worked by the Agency Worker on Assignment. Annual leave does not accrue or paid for any time when the temporary Agency Worker is not working on Assignment.
9.3 Unless otherwise stated in the relevant Assignment schedule, where an Agency Worker wishes to take leave during the course of an Assignment they should notify the Company of the dates of their intended absence giving notice of at least twice the length of the period of leave they wish to take. Where the Agency Worker has given notice of a request to take annual leave in accordance with this clause, the Company 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 Company 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, ie in the busy periods.
9.4 The Company does not require the Agency Worker to take annual leave at specic times but does request at least double the time required for notice of any absent period required.
9.5 Payment for annual leave is calculated in accordance with statutory requirements and paid at 12.07% within the hourly rate.
9.6 Unless otherwise stated in the relevant assignment schedule, all entitlement to holiday payment is included in the hourly rate paid.
9.7 Where this contract is terminated by either party, the Agency worker shall not be entitled to a payment in lieu of notice, save for hours owing for work carried out and authorised by the submission of a client signed timesheet. 9.8 Agency workers paid PAYE by the agency direct accept that the holiday pay is paid as part of the hourly rate; and paid weekly with hours submitted on a weekly basis, weekly in arrears. 9.9 Should government legislation increase the current level of holiday entitlement the agency will change to the required level as required.
10. Statutory Sick Pay
10.1 The Agency Worker may be eligible for statutory sick pay provided that they meet the relevant requirements and criteria.
10.2 The Agency Worker is required to provide the Company with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
10.3 For the purposes of the statutory sick pay scheme the qualifying days for entitlement to payment are the days on which the Agency Worker is booked and due to work on an Assignment. Sick pay is not paid for any days where an assignment has not been booked. Each contract for services automatically terminates at the end of each booking, and comes into force for each new booking.. Statutory sick pay is now paid from day one and will qualify for days booked for the current assignment. For the avoidance of doubt each contract for services ends on a Sunday of each week unless the booking is made for a longer period, in which case will continue until the end of the actual booking, providing a booking exists for the worker.
10.4 For the avoidance of doubt where the Agency Worker was not due to work on an Assignment there is no entitlement to statutory sick pay.
10.5 In the event that the Agency Worker submits a statement of fitness to work or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to / return to work, the Company in its absolute discretion determine whether the Agency Worker will be (a) placed on a new assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Company 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. In such a case the Agency Workers placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation or the terms or the Assignment details set out in the Assignment schedule to accommodate any conditions identified.
11. Termination
11.1 The Company may terminate an Assignment or these terms at any time without any prior notice or liability. But the Agency Worker is subject to clause
11.2. 11.2 As an Agency Worker you have been given a set Assignment to work. The assignment is reviewed on a week by week contract basis. You must complete the Assignment that has been given to you before you give termination of this Assignment.
11.3 The Agency Worker may terminate this agreement in writing and must give the Company a notice period of 7 days where the worker is already booked to work. Should the worker not be booked to work then a notice period of 24 hours will be accepted by the agency. The Agency worker accepts that failure to provide sufficient notice causing a failure to supply after the accepting of a booking for the worker, then the agency worker accepts that all outstanding hours worked and awaiting payment may be paid at the national minimum wage.
11.4 The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the contract between the Company and the Hirer and is subject to a weekly review on a week by week contract. In the event that the contract between the Company and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability of the Company (save for payment of hours worked by the Agency Worker up to the date of the termination of the Assignment).
11.5 If the Agency Worker does not inform the Company or the Hirer that they are unable to attend work during the course of an Assignment pursuant to clause 6.2 this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 11.1, unless the Agency worker can show that exceptional circumstances prevented them from complying with their obligations under clause 6.2.
11.6 The Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 11.1 or 11.3 the Company will be entitled to terminate the Assignment in accordance with 11.1 if the work to which the Agency Worker was assigned is no longer available.
11.7 If the Agency Worker does not report to the Company to notify their availability of their availability for a period of three weeks, the Company reserve the right to forward their P45 to their last known address.
12. Intellectual Property Rights
12.1 The Agency Worker acknowledges that all copyright, title and interest of whatever nature (including but not limited to copyright and patent application rights) and all other intellectual property rights deriving from worked carried out by them for the Hirer in connection with an Assignment shall vest in and remain the property of the Hirer throughout the world free from any interest of the Agency Worker, and the Agency worker will do anything that the Hirer may reasonably require in order effectively to vest such rights in the Hirer or such third party as the Hirer species or to evidence the same (whether before or after termination of these terms).
13. Confidentiality
13.1 The Agency Worker may at times become privy to confidential information of the Company or and Hirer at which the Agency worker works on an Assignment.
13.2 Confidential information shall mean confidential information belonging to or about the Hirer or the Company, which if used by the Agency Worker other than in the course of the Assignment for the benefit of the Hirer or if disclosed to any third party either during or at any time after the termination of the Assignment would be of value or could cause damage to the Hirer or the Company whether directly or indirectly. Confidential information is confidential if it is labeled confidential. If the Hirer expresslystates (whether in writing or otherwise) to the Agency Worker that the information is confidential or if the Agency Worker ought to have known that the information may have been confidential.
13.3 Unless required to do so in the proper performance of their duties, the Agency Worker must not divulge or communicate to any person; use for any purpose other than those of the Company or, as appropriate, any Hirer; or cause any unauthorized disclosure, through any failure to exercise due care and attention, of any confidential information relating to the Company or the Hirer.
13.4 The Agency Worker agrees to deliver up to the Hirer or the Company (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in their possession including documents and other materials created by them during the course of an Assignment.
13.5 The restrictions under this confidentiality clause shall continue to apply after termination of this agreement without limit in point of time but shall cease to apply to information or knowledge which is ordered to be disclosed by a court of competent jurisdiction or otherwise required to be disclosed by law or which comes into the public domain other than as a result of a breach by the Agency Worker of their obligations under this agreement.
13.6 The Agency Worker is not allowed to take photographs or use information of client details and upload and use on any web based or social media sites.
14. Data Protection
14.1 The Agency Worker agrees that the Company may collect, retain and process sensitive data (for the purposes of the GDPR May 2018) relating to them, including medical details, details of gender, race and ethnic origin.
15. General 15.1
If any provision, clause or part clause of these terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of this agreement shall remain in full force and effect to the extent permitted by law. Any delay by the Company in responding to any breach by the Agency Worker or this agreement shall not be deemed nor operate as a waiver of that breach. If the Company expressly waives a breach of this agreement by the Agency Worker, this will not constitute a waiver of any future breach.
15.2 The Company shall act as an Agency placing Workers into Assignments with its clients to which this act applies and as an employment business (as deemed in section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker into all other Assignments with
15.3 All notices are required to be given in accordance with this agreement shall be in writing and may be delivered personally or 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, by email or facsimile transmission. Any such notice shall be deemed to have been served; if by hand when delivered; if by first class post 48 hours after posting; and if by email or facsimile transmission, when the email or facsimile is sent.
15.4 These terms are governed by the law of England and are subject to the exclusive jurisdiction of the courts in England in respect of any dispute arising from these terms or subject matter.