General Data Protection Regulation (GDPR) Consent Form

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 data includes:

• Disabilities(s)/health condition(s) relevant to the role
• Criminal conviction(s) 
• Racial or ethnic origin
• Political opinions
• Religious beliefs
• Membership or non-membership of a Trade Union

Transferring personal data to a third party

We have detailed below any third parties who we will provide your personal data to outside of our organisation as its our legal obligation to do so.

We cannot pass data to them without your consent.

Company &  Reasons We pass your data to them:

• Nest Pensions -  to ensure that you receive your rights under pension auto enrolment.
• Our intermediary contracting suppliers -  where we outsource your employment to one of our intermediary contracting suppliers, we will pass on your details so that they can set up your engagement and make payment to you
• Clients - Where we need to share your personal data with the client you are working for on assignment for us.
• Any auditors or governing bodies.

1. I consent to the company processing the above sensitive personal data and transferring my personal data to third parties for the purposes of providing me with work-finding services and making payment to me under this contract.

I am aware that I have the right to withdraw my consent at any time by informing the Company that I wish to do so. 

Our full privacy notice can be found on our website.

*

48 Hour OPT OUT AGREEMENT

1. DEFINITIONS

1.1. In this Agreement the following definitions apply: -

• "Assignment" means the period during which the Worker is engaged to render services to the Client.
• "Client" means the person, firm or corporate body engaging the services of the Worker.
• 'Temporary Worker" means the person named below
• Working Week" means an average of 48 hours each week calculated over a 17-week reference period.

1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.

2. RESTRICTION 2.1.

The Working Time Regulations 1998 provide that the Temporary Worker shall not work on an Assignment with the Client in excess of the Working Week unless s/he agrees in writing that this limit should not apply.

3. CONSENT 3.1.

The Temporary Worker hereby agrees that the Working Week limit shall not apply to the Assignment.

4. WITHDRAWAL OF CONSENT

4.1. The Temporary Worker may end this Agreement by giving the Employment Business four weeks' notice in writing.

4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Temporary Worker of an Assignment with a Client.

4.3. Upon the expiry of the notice period set out in clause

4.1 the Working Week limit shall apply with immediate effect.

5. THE LAW 5.1.

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Court of England & Wales. 

1. Please Sign *

HM Revenue & Customs Starter checklist

Instructions for employers

This Starter Checklist can be used to gather information about your new employee. You can use this information to help fill in your first Full Payment Submission (FPS) for this employee. You need to keep the information recorded on the Starter Checklist record for the current and previous 3 tax years. Do not send this form to HMRC. Instructions for employees As a new employee your employer needs the information on this form before your first payday to tell HMRC about you and help them use the correct tax code. Fill in this form then give it to your employer. Do not send this form to HMRC. 

Instructions for employees

As a new employee your employer needs the information on this form before your first payday to tell HMRC about you and help them use the correct tax code. 

Employee statement - You need to select only one of the following statements A, B or C 

1. A - This is my first job since 6 April and I've not been receiving taxable Jobseekers Allowance, Employment and Support Allowance, taxable Incapacity Benefit, State or Occupational Pension

B - This is now my only job but since 6 April I've had another job, or received taxable Jobseeker's Allowance, Employment and Support Allowance or taxable Incapacity Benefit. I do not receive a State or Occupational Pension 

C - As well as my new job, I have another job or receive a State or Occupational Pension

*

2. Do you have a student or postgraduate loan?

3. Do any of the following statements apply:

• you’re still studying on a course that your student loan relates to

• you completed or left your course after the start of the current tax year, which started on 6 April

• you’ve already repaid your loan in full

• you’re paying the Student Loans Company by Direct Debit from your bank to manage your end of loan repayments

4. To avoid repaying more than you need to, tick the correct student loan or loans that you have – use the guidance on the right to help you. Please tick all that apply

5. Declaration I confirm that the information I’ve given on this form is correct.  Please Sign *

6. Full Name *

7. Address: *

NIGHT HEALTH QUESTIONAIRE

Please complete the below if you would consider to work a night shift only. 

Completing the following Health Questionnaire allows Red Recruitment Group to ensure your Health and Safety is taken into account when matching you with an assignment. 

If you become a night worker, you are entitled to a free health assessment to ensure that you are suited to working at night.

1. Have you suffered from, or do you have any of the following health conditions?

2. If you have answered "Yes" to any of the above, please provide more details to see if further assessment is required

1. Do you have any unspent or pending criminal convictions?

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 of all criminal convictions must be provided. The information supplied will be treated in the strictest of confidence and only taken into account where, in the reasonable opinion of RED Recruitment Ltd, the offence is relevant to the post for 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. *

2. If you have answered YES, please provide Details

KEY INFORMATION DATA

This document sets out key information about your relationship with us and the intermediary or umbrella company used in your engagement, including details about pay, holiday entitlement and other benefits. Further information can be obtained from Red Recruitment Group Ltd. The Employment Agency Standards (EAS) Inspectorate is the government authority responsible for the enforcement of certain agency worker rights. You can raise a concern with them directly on 020 7215 5000 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8am to 6pm.

GENERAL INFORMATION 

Name of employment business:                                                    

Red Recruitment Group Ltd

Name of intermediary or umbrella company:                            

Backoffice HR Services 

Type of contract you will be engaged under:                               

Contract For Services

Who will be responsible for paying you:                                       

Backoffice HR Services 

How often the umbrella company and you will be paid:           

Weekly

INTERMEDIARY OR UMBRELLA COMPANY PAY INFORMATION

You are being paid through an intermediary or umbrella company: a third-party organisation that will calculate your tax and other deductions and then pay you for the work undertaken for the hirer. We will still be finding you assignments. The money earned on your assignments will be transferred to the umbrella company as part of their income. They will then pay you your wage. All the deductions made which affect your wage are listed below. If you have any queries about these please contact us. Your payslip may show you as an employee of the umbrella company listed below.

Name of intermediary or umbrella company:

Backoffice HR Services 

Any business connection between the intermediary or umbrella company, the employment business and the person responsible for paying you:

None

Expected or minimum gross rate of pay transferred to the intermediary or umbrella company from us:

Prevailing NMW / NLW age Related. 

Deductions from intermediary or umbrella income required by law:

None

Any other deductions from umbrella income (to include amounts or how they are calculated)

None

Expected or minimum rate of pay to you:

Prevailing NMW / NLW age Related.

Deductions from your wage required by law:

Tax & National Insurance

Any other deductions or costs taken from your wage (to include amounts or how they are calculated:

Pension after qualifying period and worker acceptance if applicable.

Any fees for goods or services:

None

Holiday entitlement and pay:

5.6 Weeks averaged over 52 weeks.

Additional benefits:

None

EXAMPLE PAY

INTERMEDIARY AND UMBRELLA FEES

Example gross rate of pay to intermediary or umbrella company from us:

£457.60

Deductions from intermediary or umbrella income required by law:

Tax & National Insurance

Any other deductions or costs taken from intermediary or umbrella income:

None

WORKERS FEES

Example gross rate of pay to you:

£457.60

Deductions from your pay required by law:

£43.14 – Tax   £24.82 – National Insurance

Any other deductions or costs taken from your pay:

Pension if applicable

Any fees for goods or services:

None

Example net take home pay:

£389.64 (Based on 40hours on a standard tax code & no pension)  

1. I have read and understood the above *

Agency Pension Scheme

After 12 weeks of service with RED Recruitment Group Limited as a PAYE employee, you would be automatically enrolled into the agency worker pension scheme.

A contribution of 8% of your salary will be made to the pension scheme managed by the company called NEST pension.

The 8% contribution will be derived from 5% deduction from your weekly salary and a 3% contribution from RED. 

1. Please select the relevant option below, whether you wish to remain in the pension scheme or OPT OUT *

2. Full Name *

1. How would you travel to work? *

2. Do you hold a current UK driving licence? *

3. Do you have any of the following? *

4. Is there any environment that you are unable to work in due to allergies, health or religious reasons? *

5. If YES, please provide details

6. Do you have any health conditions or disabilities that we need to be aware of to be able to support you, and ensure your safety on any assignment that we provide to you? *

7. If you have answer YES to this Question, please provide details. (Please include any medication that is taken regularly that may affect your ability to complete all required tasks)

8. I would like the following shifts. *

INITIAL WORKER TERMS

1. DEFINITIONS AND INTERPRETATION

“DEFINITIONS AND INTERPRETATION" Means Unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;

“Actual QP Rate of Pay” means the rate of pay which will be paid to the Agency Worker if and when s/he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in any variation to the relevant Assignment Details Form;

‘’Agency Worker’’ means the temporary workers named in this agreement, herein ‘’you’’, supplied by the Employment Business to provide services to the Hirer;

“Agency Workers Regulations” means AWR 2010 “Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay;

“Assignment” means assignment services to be performed by the Agency Worker for the Hirer for a period during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;

“Assignment Details Form” means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;

“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;

“Conduct Regulations” means the Conduct of Employment Agencies & Employment Businesses Regulations 2003;

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise and "Controls" and "Controlled" shall be construed accordingly;

‘’Data Protection Laws” means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data. A copy of our privacy policy and consent form is available at the branch.

“Deductions” means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;

“Emoluments” means any pay in addition to the Actual QP Rate of Pay;

“The Employment Business” means RED Recruitment Group Limited of: - Unit 6 Empire Court, Albert Street, Redditch, B97 4DA

“Engagement” means the engagement, (including the agency worker’s acceptance of the hirer’s offer), employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“First Assignment” means:

a) the relevant Assignment; or (b) if, prior to the relevant Assignment:

i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

ii. the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);

“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;

‘’Hirer’s Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006

“Hourly Rate” means £……11.44…………. per hour being the minimum rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;

“Leave Year” means the period during which the Agency Worker accrues holiday.

“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;

“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role and as further defined in the Schedule to these Terms;

“Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment

“Temporary Work Agency” means as defined in the Schedule to these Terms;

“Terms” means these terms of engagement (including the attached schedule) together with any applicable Assignment Details Form; “Transfer Fee” means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations; ‘’

Type of Work’’ means _________________General Operative______________________________________

“Working Time Regulations” means WTR.

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 these Terms are for convenience only and do not affect their interpretation

1.3 Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

2. THE CONTRACT

2.1 These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.

2.2 During an Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

2.4 The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker for Assignments with its Hirers.

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.

3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:

* 3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and

* 3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker

3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following:

* 3.3.1. the identity of the Hirer, and if applicable the nature of their business;

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

* 3.3.3. the Type of Work, location and hours during which the Agency Worker would be required to work;

* 3.3.4. the Hourly Rate that will be paid and any expenses payable by or to the Agency Worker;

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

* 3.3.6. What experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.

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 or Bank Holiday) following save where:

* 3.4.1. the Agency Worker is being offered an assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or

* 3.4.2. subject to clause

3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.

3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first Assignment.

3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).

3.9. If the Agency Worker considers that she/he has not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.

4. AGENCY WORKER’S OBLIGATION

4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the Agency Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:

* 4.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;

* 4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;

* 4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;

* 4.1.4. not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;

* 4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Hirer's staff;

* 4.1.6. 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 or finances;

* 4.1.7. on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.

4.2. If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency Worker undertakes to:

* 4.2.1. Inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in V2.0 updated Oct 21 which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;

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

* 4.2.3. inform the Employment Business if s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:

** 4.2.3.1. completed two or more assignments with the Hirer;

** 4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or

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

4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.

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

4.5. The Agency Worker acknowledges that any breach of his/her obligations set out in this clause may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.

5. TIMESHEETS

* 5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer. Unless otherwise stated.

* 5.2. Subject to clause 5.3 the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.

* 5.3. Where the Agency Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not worked.

* 5.4. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the Agency Workers Regulations.

6. REMUNERATION

6.1. The Employment Business shall pay to the Agency Worker the Actual Rate of Pay until the Agency Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form.

6.2. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker:

* 6.2.1. the Actual QP Rate of Pay; and

* 6.2.2. the Emoluments (if any), which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.

6.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual Leave) and 8 (Sickness absence) below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

6.4. Subject to compliance with Regulation 12 of the conduct regulations the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules. .

6.5. Payments will be made weekly in arrears directly into your chosen bank account, which were supplied by you at the point of registration. This is subject to any deductions in respect of hours worked in the preceding week. You have no entitlement to pay in respect of any period when you are not on assignment.

7. ANNUAL LEAVE

7.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks.

7.2. Entitlement to payment for leave under clause 7.1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year on their basic hours.

7.3. Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.

7.4. All entitlement to leave must be taken during the holiday year in which it accrues. Holiday year runs from the 1st January until the 31st December. A worker will start to accrue from the 1st day of their assignment, no holidays may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.

7.5. If the Agency Worker wishes to take paid leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving 1 weeks’ notice. In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the Agency Worker.

7.6. Subject to clause 7.2, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated and paid in accordance with the Employment Rights Act 1992.

7.7. Save where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 (if applicable), the Agency Worker may, upon giving the notice in clause 7.5, take a bank holiday or other public holiday as part of his/her paid annual leave entitlement.

7.8. Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker.

8. SICKNESS ABSENCE

8.1. The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.

8.2. The Agency Worker is required to provide the Employment Business 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.

8.3. For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.

8.4. In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

9. TERMINATION

9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

9.3. If the Agency Worker does not inform the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.

9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above, the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.

9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 8 weeks, the Employment Business will forward his/her P45 to his/her last known address.

10. INTELLECTUAL PROPERTY RIGHTS

The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.

11. CONFIDENTIALITY

* 11.1. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:

**11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;

**11.1.2. to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and

** 11.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.

12. DATA PROTECTION AND GDPR

12.1. The Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement. Processing of this personal data will be done in accordance with the current Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.

12.2. In event that we need to process any sensitive personal data we will contact you to obtain your specific consent,

12.3. In the event that, in the course of the operation of these Terms, we need to pass your personal data on to any third party, we will notify you of this fact to obtain your specific consent.

13. PERSONAL PROTECTIVE EQUIPMENT (PPE)

13.1. Where your duties require you to wear PPE, you will be provided with such items on commencement of that role free of charge. PPE will be replaced on a planned schedule at the discretion of the Company.

13.2. You are responsible for care of all PPE items.

13.3. In event that the PPE is lost or damaged you will be responsible for replacement of that item at your own cost.

13.4. Should your duties change so that PPE is no longer required, or on termination of your employment, you are required to return all items of PPE to us in good condition (excepting standard wear and tear).

13.5. If you fail to meet your obligations under clause 13.4 you will be liable for the cost of any items that are not returned or are returned in a condition which, at the discretion of the Company, indicates that you have not taken adequate care of the items as required at clause 13.2.

14. SEVERABILITY

14.1. If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

15. NOTICES

15.1. All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, 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 following posting; and if by email or facsimile transmission, when that email or facsimile is sent.

16. GOVERNING LAW AND JURISDICTION

16.1. These Terms are governed by the law of England & Wales 

SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY”

For the purpose of the definition of "Qualifying Period" in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:

(a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;

(b) the break is:

(i) for any reason and not more than six Calendar Weeks;

(ii) wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and if required to do so by the Employment Business, the Agency Worker has provided such written medical evidence as may reasonably be required;

(iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Agency Worker returns to work;

(iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:

• ordinary, compulsory or additional maternity leave

• ordinary or additional adoption leave;

• ordinary or additional paternity leave;

• time off or other leave not listed in paragraphs i, ii, iii, iv above or;

• for more than one of the reasons listed in paragraphs I,ii,iii,iv above;

(v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

(v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

(vi) wholly due to a temporary cessation in the Hirer's requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Hirer;

(vii) wholly due to a strike, lock-out or other industrial action at the Hirer's establishment; or

(viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and

(c) the Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of "Qualifying Period".

"Temporary Work Agency" means as defined in Regulation 4 of the Agency Workers Regulations being a person engaged in the economic activity, public or private, whether or not operating for profit and whether or not carrying on such activity in conjunction with others, of:

(a) supplying individuals to work temporarily for and under the supervision and direction of hirers; or

(b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers. Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers. For the purpose of this definition, a "hirer" means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.

1. I have Read and understood all of the above and agree with all content *

1. Data Protection

In line with our Privacy Notice enclosed the information from this application may be processed for purposes registered by the company under the General Data Protection Regulation (GDPR).

By signing this document, you consent to the company retaining the information until the expiry of a twenty-four-month period following the termination of your assignment with Red Recruitment Group or registration.

Declaration of Truth

I declare that the information given in this application is, to the best of my knowledge, complete and correct. I understand that if the information given is incorrect, incomplete or misleading, my contract with Red Recruitment Group may be terminated immediately.  

*

2. I confirm that I am happy for my data to be shared for the use of obtaining a reference if required. *

3. I can confirm, the bank account I supply to The Red Recruitment Group on my application to pay in my wage is registered in my name or is a joint account where my name is also registered.  Red Recruitment Group reserve the right to investigate if they believe there is a cause for concern. *

4. This is my signature to confirm my registration with Red Recruitment Group and confirm the Content has been completed by myself *

PRIVACY NOTICE

Company Name:                                   RED RECRUITMENT GROUP LIMITED ('the company')

Company Contact:                                Data Protection Officer Unit 6 Empire Court Albert Street Redditch B97 4DA

Document DP5A:                                  Privacy Notice (When Personal data is obtained directly from the data subject

Date:                                                       25th of May 2018

Version:                                                  Version Number 1

The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.

You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with the terms of the following statement.

1. Collection and use of personal data

A. Purpose of processing and legal basis

The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.

In some cases, we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.

The legal bases we rely upon to offer these services to you are:

• Your consent
• Where we have a legitimate interest
• To comply with a legal obligation that we have
• To fulfil a contractual obligation that we have with you.

B. Legitimate interest

This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

• Managing the database and keeping work-seeker records up to date
• Contacting the individual to seek consent where needed.
• Providing work-finding services to the individual, including sending information to clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to you passing on their CV.

C. Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients:

• Our payroll department or third-party payroll provider
• Our clients
• Your former or prospective new employers for referencing purposes.
• Auditors
• Insurers
• Our legal advisers
• Our IT and software provider
• Any public information sources and third-party organisations that we may use to carry out suitability checks on work-seekers e.g. Disclosure and Barring Service (DBS) and DVLA
• Government, law enforcement agencies and other regulator e.g. the Police, Home Office, HMRC, Employment Standards Inspectorate (EASI), GLAA.

D. Statutory/contractual requirement

Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not we are unable to provide you with our services.

2. Overseas Transfers

The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

3. Data retention

The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.

We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.

Where the Company has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention period of 24 months after registration / end of employment. Upon expiry of that period the Company will seek further consent from you.

Where consent is not granted the Company will cease to process your personal data and sensitive personal data.

4. Your rights

Please be aware that you have the following data protection rights:

• The right to be informed about the personal data the Company processes on you.
• The right of access to the personal data the Company processes on you.
• The right to rectification of your personal data; • The right to erasure of your personal data in certain circumstances.
• The right to restrict processing of your personal data.
• The right to data portability in certain circumstances.
• The right to object to the processing of your personal data that was based on a public or legitimate interest.
• The right not to be subjected to automated decision making and profiling; and
• The right to withdraw consent at any time.

Where you have consented to the Company processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting the Data Protection Officer, Unit 6 Empire Court, Albert Street, Redditch, B97 4DA

There may be circumstances where the Company will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons. I

f you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.

You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.

5. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in its content, please contact:

Data Protection Officer

Unit 6 Empire Court

Albert Street

Redditch

B97 4DA

You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.