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1. DEFINITIONS
1.1 In these Terms of Engagement the following definitions apply:
• “Assignment” means the period during which the Agency Worker is supplied to render services to the Hirer.
• “Hirer” means the person, company or corporate body requiring the services of the Agency Worker together with a subsidiary or associated company as defined by the Companies Act 1985.
• “Employment Business” means Snap Recruitment Ltd, Snap Recruitment, Lowman Way, Hilton, DE65 5UA.
• “Agency Worker” means the person who has signed this Contract, and includes (but is not limited to) warehouse operatives, drivers, or any other temporary staff registering with the Employment Business to be supplied on Assignments.
• “Relevant Period” means the longer period of either 12 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client.
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.
2. THE CONTRACT
2.1. These Terms constitute a contract for services between the Employment Business and the Agency Worker and they govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments.
2.2. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker or the Hirer and the Agency Worker. However, the Employment Business is required to make deductions from the Agency Worker’s pay in accordance with Clause 4.1. The Agency Worker is supplied as a worker, and is entitled to certain 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 stating the date on or after which such varied terms shall apply
3. ASSIGNMENTS
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to work in a capacity which matches their skills and experience. The Agency Worker shall not be obliged to accept an Assignment offered by the Employment Business.
3.2 The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Agency Worker should it fail to 1 The ‘first day’ will be the first occasion on which an Agency Worker is supplied to work for the Hirer or the first day of an Assignment where there has been more than 42 days since the end of any previous assignment offer opportunities to work; and that no contract shall exist between the Agency Worker and the Employment Business during periods when the Agency Worker is not working on an Assignment.
3.3 At the same time as an Assignment is offered to the Agency Worker the Employment Business shall inform the Agency Worker of the identity of the Hirer, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Agency Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Agency Worker; and 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. In addition, the Employment Business shall inform the Agency Worker what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.
3.4 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public holiday) following save where the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker had previously been supplied within the previous five business days and such information has already been given to the Agency Worker.
3.5 For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Agency Worker commences the first Assignment.
3.6 If, before or during an Assignment, or within the Relevant Period the Hirer wishes to employ the Agency Worker direct 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 agree a Period of Extended Hire 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 fee to the Hirer if they introduce the Agency Worker to a third party who subsequently engages the Agency Worker within the Relevant Period.
3.7 As an Agency worker it is your responsibility to ensure your own safety and to familiarise yourself with the working conditions and operating requirements at the Hirer’s site; this responsibility continues to apply even though the hirer may provide you with its own internal policies, rules and regulations relating to safety or for the operation of equipment or machinery or relevant to working conditions, which you should comply with only to the extent that they relate to the proper performance by you or your work during the work time.
3.8 (Warehouse Workers): Where the Assignment requires warehouse or manual handling work, the Agency Worker must comply with all site rules relating to health and safety, PPE (personal protective equipment), manual handling training, and equipment operation (e.g. forklifts, pallet trucks). The Agency Worker must only operate machinery or vehicles for which they hold the required training or authorisation.
3.9 (Drivers): Where the Assignment requires driving duties, the Agency Worker must:
• Hold a valid and appropriate UK driving licence (and where applicable, CPC, tachograph card, or other statutory requirement).
• Comply with all road traffic laws, driver hours regulations, and site-specific delivery protocols.
• Immediately notify the Employment Business of any changes to their licence status, endorsements, or disqualifications.
4. REMUNERATION
4.1. The Employment Business shall pay to the Agency Worker remuneration calculated at a minimum hourly rate of no less than that stipulated in the Statutory Minimum Wage. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment to be paid weekly in arrears, subject to deductions 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 Employment Business may be required by law to make.
4.2. Subject to any statutory entitlement under the relevant legislation, the Agency Worker is not entitled to receive payment from the Employment Business or Hirers for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed
5. STATUTORY LEAVE
5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 2009 under this clause, holiday is accrued from the date that the Agency Worker starts their first Assignment. All entitlement to leave must be taken during the course of the Leave Year in which it is accrued (01 January – 31 December).
5.2 Under the WTR, the Agency Worker will earn holiday pay at the rate of 12.07% of the pay shown as "Gross for Tax" on your pay slip (which is represented as the National Minimum Wage/National Living Wage in force at the time entitlement to holiday pay accrued). Unless otherwise agreed, the accrued amount will be retained in a holiday fund and will be paid to you when you take annual leave. You will be paid for each day of holiday authorised by the Company at an hourly rate calculated on the basis of your average income over the 52 weeks preceding the holiday. It is forbidden to make payment in lieu of holiday that has not been taken at the end of the calendar year, nor can Agency Workers carry forward their entitlement from one holiday year to the next, unless they shall be prevented from doing so due to sickness.
5.3 The legislation does specify that the Hirer can request the worker to take their leave at a certain time within the year, provided notice is given.
5.4 Where an Agency Worker wishes to take paid leave during the course of an assignment he should notify the Employment Business and Hirer of the dates of his intended absence giving written notice of at least five full working days. If no notice is given, the leave will be treated as unpaid.
5.5 In certain circumstances the Employment Business may give counter-notice to the Agency Worker’s request to postpone or reduce the amount of leave that the Agency Worker wishes to take and 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 has been requested.
5.6 Entitlement to payment for leave accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year. In the case of irregular hours, these will be accumulated and payment made on the average. Please note that overtime hours are not taken into account when calculating holiday entitlement.
5.7 In order for an Agency Worker to get paid for a public holiday which falls during an Assignment, they must have made this request in writing, as stated in Clause 5.4. If no notice is given, this day will be treated as unpaid leave. Those Agency Workers who have qualified under AWR will automatically receive payment for public holidays assuming they have accrued enough hours to cover the time off.
5.8 Where this contract is terminated by either party and a P45 is requested, the Agency Worker shall be entitled to payment in lieu of any untaken leave which has been accrued throughout the holiday year in accordance with Clause 5.6 above.
6. SICKNESS ABSENCE
6.1. The Agency Worker may be eligible for Statutory Sick Pay provided that he meets the relevant statutory criteria
7. TIME SHEETS
7.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a completed time sheet indicating the number of hours worked during the preceding week and signed by an authorised representative of the Hirer. This time sheet should be received by the Employment Business no later than 12pm Monday of the week following that worked.
7.2. Subject to clause 7.3 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.
7.3. Where the Agency Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not worked.
7.4. 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 is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises; lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes.
8. CONDUCT OF ASSIGNMENTS
8.1 The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards where appropriate, he will: –
a) Cooperate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
b) 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;
c) 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;
d) 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 (this includes references made in relation to an Assignment on any social networking site);
e) Not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’ or Hirer’s staff;
f) Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions, finances, or clients.
g) On completion or termination 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 property or items provided 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 etc.
h) For driver Assignments, ensure vehicles are checked in line with statutory and Hirer procedures (e.g. daily vehicle checks), and defects are reported immediately.
i) For warehouse Assignments, follow site-specific safety requirements including manual handling best practices, safe stacking, and use of appropriate equipment.
8.2 If the Agency Worker is unable for any reason to attend work during the course of an Assignment, he should inform the Hirer and the Employment Business within one hour of the commencement of the Assignment or shift. 8.3 If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.
9. AGENCY WORKERS REGULATIONS
9.1 All Agency Workers have access to Day One rights from the start of their assignment. It is the responsibility of the Hirer to ensure that Agency Workers are aware of these rights which include information regarding internal vacancies, and access to collective on-site facilities.
9.2 Following the AWR 12-week Qualifying Period within an assignment with the same Hirer, all Agency Workers are then entitled to receive equal treatment in terms of the certain working and employment conditions as those doing a comparable job role who are employed directly by the Hirer.
9.3 The Regulations do not alter an Agency Worker’s employment status, and the definition remains the same as in Clause 2.2.
9.4 Before an Assignment is due to commence, the Agency Worker must inform the Employment Business if, since the 01 October 2011 he has worked for the same Hirer previously, giving full details of this previous work, so that Employment Business can determine the Qualifying Period within the regulations. 9.5 The Agency Worker will comply with any requirements of the Employment Business and/or the Hirer relating to the assessment of the Agency Worker's Qualifying Period within the Regulations.
10. TERMINATION
10.1. The Employment Business or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
10.2. The Agency Worker may terminate an Assignment at any time without prior notice or liability but is requested to try and give one week notice to enable a replacement to be found.
10.3. If the Agency Worker does not inform the Hirer or the Employment Business (in accordance with clause 8.2) should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Agency Worker in accordance with clause 10.2 unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 8.2.
10.4. If the Agency Worker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 10.1, 10.2 or 10.3 above, the Employment Business will be entitled to terminate the contract in accordance with clause 10.1 if the work to which the absent worker was assigned is no longer available for the Agency Worker.
11. LAW
11.1. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Data controller: Tiffany Biddle
Introduction
During the recruitment process, Snap Recruitment Ltd (the Company) collects and processes personal data relating to job applicants. The Company is committed to being clear and transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the Company collect and process?
The Company collects and processes a range of personal information (personal data) about you. Personal data is any information which can be used to identify you as an individual. It may include details such as your name, address, bank details, National Insurance number, biometrics and photographs/film (this list is not exhaustive). Data must be processed in accordance with one of the grounds for processing which are laid down in data protection law. Our lawful basis for processing your data is for the performance of your contract of employment/contract of services.
The data we may collect includes but is not limited to:
• Personal contact details, such as your name, title, address and contact details, including email address and telephone number;
• details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers;
• information about your remuneration, including entitlement to benefits such as pensions;
• information about your entitlement to work in the UK; and
• equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
Sensitive Personal Data
I understand that the Company may need to process my sensitive personal data in carrying out its duties, rights and obligations as my employer/contractor.
Sensitive personal data includes;
• your racial or ethnic origin
• your political opinions
• your religious beliefs or other beliefs of a similar nature
• your membership or non-membership of a Trade Union
• your physical or mental health or condition
• your sex life
• any commission or alleged commission of any offence committed or alleged to have been committed by you, the disposal of such proceedings or the sentence of any court in such proceedings
You confirm that you give consent for us to process your sensitive personal data and to pass on your personal data to the stated third parties.
The Company collects this information in a variety of ways during the application and recruitment process. For example, data may be contained in application forms and CVs, obtained from identity documents, such as your passport and collected through interviews and assessment tests.
In some cases, the Company collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks permitted by law.
Data is stored in a range of different places, including on your application record, in the Company's HR management systems and in other IT systems (including the Company's email system).
Why does the Company process personal data?
The Company needs to process data prior to entering into a contract with you. We also need to process data to enter into an employment contract with you and to meet our obligations under that employment contract.
In addition, the Company needs to process data to ensure that we are complying with our legal obligations. For example, we are required to check an employee's entitlement to work in the UK before employment begins.
The Company has a legitimate interest in processing personal data during the recruitment process and in keeping records of that process. Processing such data from job applicants enables the Company to manage the recruitment process, assess the suitability of candidates and make informed decision as to whom we wish to recruit. The Company may also have to process data from job applicants in order to defend legal claims.
The Company processes health information if we need to make reasonable adjustments to the recruitment process for candidates with a disability.
For certain positions, it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake a particular role.
The data that you have provided us with
As your employer/contractor, we need to hold your personal data to enable us to operate your contract of employment/contract for services. In holding your personal data, we will comply with the eight data protection principles which require that your data must be; (a) Processed fairly and lawfully (b) Processed for limited purposes and in an appropriate way. (c) Adequate, relevant and not excessive for the purpose. (d) Accurate. (e) Not kept longer than necessary for the purpose. (f) Processed in line with individuals' rights. (g) Secure. (h) Not transferred to people or organisations situated in countries without adequate protection
If you fail to provide personal information
You are under no obligation to provide the Company with data during the recruitment process. However, if you do not prove certain information when requested, the Company may not be able to process your application for employment properly or at all.
You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for you if this information is not provided.
Automated decision-making
Our employment decisions are not based solely on automated decision-making.
For how long do you keep data?
The Company will hold your data on file for as long as we need it for our legitimate business interest as long as you are happy for us to do so.
Accordingly, we have a data retention period of 6 years and run data routines to remove data that we no longer have a legitimate business interest in maintaining.
We are required to retain Right to Work checks for a period of 4 years.
Who has access to data?
Your information will be shared internally for the purposes of the recruitment process, including with other people employed by Snap Recruitment Ltd.
The Company will not share your data with third parties unless we make you an offer of employment. In those circumstances, the Company shall share your data with third parties where required by law and where it is necessary in order to administer the working relationship with you or where we have another legitimate interest in doing so.
We have detailed below any third parties who we may pass your personal data to in the operation of our contract with you. We require your consent to pass this data to them.
NEST - Setting up your workplace pension
HMRC- Arranging payment of tax and NIC
Bar2 Contracting – to process wages
The Staniforth Partnership (Tediflo Ltd) – to process wages
Macbeths – Insurance Services
The Company will not transfer your data to countries outside the United Kingdom and European Economic Area.
How does the Company protect data?
The Company takes the security of your data seriously. The Company has internal policies and controls in place to prevent your data being lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Your rights As a data subject, you have a number of rights. You can:
• access and obtain a copy of your data on request (known as a “data subject access request”); • require the Company to change incorrect or incomplete data;
• request erasure of your personal information. This enables you to ask the Company to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
• object to the processing of your data where the Company is relying on its legitimate interests as the legal ground for processing; and
• ask the Company to suspend the processing of your personal data for a period of time if data is inaccurate or there is a dispute about its accuracy or the reason for processing it. If you would like to exercise any of these rights, or you have any questions about the privacy notice, please contact the Managing Director.
If you believe that the Company has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office.
Your rights
You have the right to: (a) Request access to any personal data we hold about you. (b) Prevent the processing of your data for direct marketing purposes. (c) Ask to have inaccurate data held about you amended. (d) Prevent processing that is likely to cause unwarranted substantial damage or distress to you or anyone else. (e) Object to any decision that significantly affects you being taken solely by a computer or other automated process.
Registered company number: 12501235
Registered in England and Wales at Snap Recruitment, Lowman Way, Hilton. DE65 5UA