Standard Terms of Business - Mach Recruitment
51649
page,page-id-51649,page-template-default,unknown,desktop,,qode-core-1.0.3,ajax_fade,page_not_loaded,brick child-child-ver-1.0.0,brick-ver-1.5, vertical_menu_with_scroll,smooth_scroll,wpb-js-composer js-comp-ver-4.6.2,vc_responsive
 

Standard Terms of Business


FOR SUPPLYING TEMPORARY STAFF SERVICES


1.
DEFINITIONS AND INTERPRETATION

Terms of Engagement (“Terms”)

1. DEFINITIONS

1.1 In these Terms of Engagement the following definitions
apply:

 

“Actual Rate of Pay” means the rate of pay paid in
accordance with clause 6.1 for each hour worked during an Assignment (minute by
minute wherever possible or to the nearest quarter hour) paid weekly in arrears
unless and until the Temporary Worker has completed the QP, and at the same
time there is a subsequent need to amend the rate of pay pursuant to the AWR;

“Actual QP Rate” means the rate of pay which may be due to
the Temporary Worker if/when he/she has completed the QP and subject to the
further requirements of the AWR being satisfied and applicable to the relevant
circumstances of the Temporary Worker. Save where by agreement and/or pursuant
to the AWR the Temporary Worker waives such rights and is employed directly
with the Employment Business such Actual QP Rate will be paid for each
subsequent hour worked during the Assignment from thereon (to the nearest
quarter hour) weekly in arrears, subject to Agreed Deductions or as set out in
any variation to the relevant Assignment Details Card.

“Agreed Deductions” means any deductions the Temporary
Worker has agreed can be made from their pay including but not limited to
deductions on account of any loss or damage caused by the Temporary Worker; on
account of any accrued and untaken holiday pay; and/or on account of any loans
or over-payments made to the Temporary Worker together with any costs incurred
in recovering such sums.

“AWR” means the Agency Workers Regulations 2010;

“Application Form” means the application form completed by
the Temporary Worker to which these Terms are attached;

“Assignment” means the work undertaken or to be undertaken
by the Temporary Worker for a Client to whom the Employment Business introduced
the Temporary Worker and the period during which such work is undertaken
temporarily for and under the supervision and direction and as required of the
Client;

“Assignment Details Card” means written confirmation of the
Assignment details to be given to the Temporary Worker upon acceptance of the
Assignment, as more particularly described in clause 3.3;

“Client” means the person, firm, company, associated company
or subsidiary or associated person (as the case may be) to whom the Temporary
Worker is supplied and/or introduced to by the Employment Business;

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

“Conduct Regulations” means The Conduct of Employment
Agencies and Employment Businesses Regulations 2003 (as amended);

“Confidential Information” means (but is not limited to) any
and all commercial, financial, marketing, technical or other information or
data relating to the Client or Employment Business, or their business or
affairs and/or this Agreement, any data, records, contract rates, reports,
agreements, software, programs, specifications, know-how, trade secrets and
other information concerning the Employment Business and/or related Assignment,
all of which are deemed highly confidential, in any form or medium whether
disclosed in writing, orally or by any other means, to the Temporary Worker or
by the Client or the Employment Business or by a third party on behalf of the
Client, whether before or after the date of this Agreement, together with any
reproductions of such information in any form or medium or any parts of such information;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;

“Employment Business” means Mach Recruitment Limited
(registered company no. 6409589) of 5 Carlton Court, Leeds, LS12 6LT;

“Engagement” means the deployment by, and through, the
Employment Business of the Temporary Worker and subsequent use of the Temporary
Worker by the Client or any third party on any Assignment (whether on a
permanent or temporary basis, whether under a contract of service or for
services, or as an agency, license, franchise or partnership arrangement) or
any other form of engagement and whether through any other employment business
or through a limited company of which the Temporary Worker is an officer,
employee or other representative 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 Temporary Worker has worked in any assignment in the
same role with the relevant Client as the role in which the Temporary Worker
works in the relevant Assignment; and

ii. the relevant QP commenced in any such assignment;

 

that assignment (an assignment being (for the purposes of
this defined term) a period of time during which the Temporary Worker is
supplied by one or more Temporary Work Agencies to the relevant Client to work
temporarily for and under the supervision and direction of the relevant
Client);

“Hourly Rate” means the minimum (pursuant to the National
Minimum Wage) rate of pay that the Employment Business reasonably expects to
achieve, for all hours worked by the Temporary Worker and which is available
from the Employment Business;

“Leave Year” means the period during which the Temporary
Worker accrues and may take statutory leave commencing at the date the
Temporary Worker starts an Assignment or pursuant to the Client’s needs on an
alternative specific date. The Temporary Worker will be informed of the dates
for the applicable Leave Year by email or text from the Temporary Work Agency;

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

“QP” means 12 continuous Calendar Weeks during the whole or
part of which the Temporary Worker is supplied by one or more Temporary Work
Agency to the same Client to work temporarily for and under the supervision and
direction of the relevant Client in the same role, and as further defined in
the Schedule 2 attached to these terms;

“Relevant Period” means either (a) the period of 8 weeks
commencing on the day after the last day on which the Temporary Worker worked
for the Client having been supplied by the Employment Business; or (b) the
period of 14 weeks commencing on the first day on which the Temporary Worker
worked for the Client having been supplied by the Employment Business (provided
that, in calculating the first day on which the Temporary Worker worked for the
client, no account shall be taken of any supply that occurred prior to a period
of more than 42 days during which the Temporary Worker did not work for the
Client having been supplied by the Employment Business);

“Temporary Work Agency” means as defined in Schedule 2
attached hereto;

“Temporary Worker” means an individual supplied by the
Employment Business to provide services to the Client (the name and surname of
which is provided on the Application Form to which these Terms are attached);

“Terms” means these terms of engagement (including the
attached schedules);

“Transfer Fee” means the fee payable by the Client to the
Employment Business if the Client wishes to engage the Temporary Worker, as
permitted by Regulation 10 of the Conduct Regulations, directly or through a
different employment business;

“Type of Work” means: any type of General Operative,
Warehouse Operative, Food Operative or any type of Labourer or Packer or Picker
or Sorter or Cleaner or any such other work at all in any location as notified
to the Temporary Worker by the Employment Business with wide flexibility which
is crucial here in order to make Assignments available where possible;

“Working Time Regulations” means the Working Time Regulations
1998 (as amended).

1.2 Unless the context otherwise requires, references to the
singular include the plural and references to the masculine include the
feminine and neuter and, in each case, vice versa.

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

1.4 References to clauses are to clauses of these Terms.

2. THE CONTRACT

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

2.2 During an Assignment the Temporary Worker will be
engaged to the Client on these Terms. For the avoidance of doubt, the Temporary
Worker is not an employee of the Employment Business and it is neither parties intention
to create any such relations and the Temporary Worker hereby warrants the same,
although the Employment Business is required to pay and make statutory
deductions from the Temporary Worker’s pay in accordance with clause 6.1. These
Terms shall not give rise to a contract of employment between the Employment
Business and the Temporary Worker, or between the Temporary Worker and the
Client, and it is expressly agreed and acknowledged that this is the genuine
intention of the parties. The Temporary Worker is supplied as a worker only,
and is entitled to certain statutory rights as such, and nothing in these Terms
shall be construed as giving the Temporary Worker rights in addition to those
provided by statute to such a worker only.

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 Temporary Worker and set out in writing and a copy of the varied terms
is given to the Temporary Worker 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 Temporary Worker for Assignments with its Clients.

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1 The Employment Business will try to obtain suitable
Assignments for the Temporary Worker for the agreed Type of Work. The Temporary
Worker is not obliged to accept any Assignment offered by the Employment
Business, nor is the Employment Business obliged to offer any Assignment to the
Temporary Worker. Providing the Temporary Worker: complies with these Terms, is
suitable for any Assignments/Type of Work, satisfies all registration/right to
work requirements, attends promptly, on time and undertakes Assignments/Type of
Work correctly and completes all paperwork required promptly and correctly then
the Employment Business shall (where possible, subject always to the Client
needs and availability of Assignments and Type of Work):

 

(a). when available from a Client, try to maintain during
the application of these Terms offers of pro-rata average weekly equivalent of
336 hours of the Type Of Work per annum (the Hours); and

(b). try not to cancel any Assignments/Type of Work at short
notice and if that does happen, try to offer an alternative Type of
Work/Assignment if available at that time or as soon as reasonably possible
afterwards;

(c). because the Employment Business is entirely reliant on
provision of Assignments and Type of Work from any Client, it cannot and does
not herein ever guarantee the Hours or any Assignments for any Type of Work but
shall always endeavour to source and offer Assignments for the Hours where it
can during the course of these Terms to the Temporary Worker who complies with
these Terms and immediately accepts such offers of any such Hours for
Assignments/Type of Work.

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

(a) the suitability of the work to be offered shall be
determined solely by the Employment Business; and

(b) the Employment Business shall incur no liability to the
Temporary Worker should it fail to offer Assignments of the Type of Work or any
other work.

3.3 Whilst it is accepted that the Temporary Worker shall be
under the control and direction of the Client (who shall also provide all
necessary tools, equipment and training) whilst on each Assignment, at the same
time as an Assignment is offered to the Temporary Worker the Employment
Business shall provide the Temporary Worker with an Assignment Details Card
setting out the following (further details attached hereto at Schedule 1):

(a) the identity of the Client and (if applicable) the
nature of their business;

(b) the date the Assignment is to commence and the duration
or likely duration of the Assignment and the Hourly Rate and;

(c) the position, Type of Work, location and hours during
which the Temporary Worker will be required to work;

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

(e) what experience, training, qualifications and/or
authorisations the Client considers necessary, or that are required by law or
by any professional body for a person to possess, to work on the Assignment;
and

(f) any expenses payable by or to the Temporary Worker.

3.4 Where the information set out in clause 3.3 is not given
in paper form or by electronic means at the same time as an Assignment is
offered to the Temporary Worker, it shall be confirmed by such means as soon as
possible and by the end of the third business day following the day the
Assignment was offered to the Temporary Worker, except where:

(a) the Temporary Worker is being offered an Assignment in
the same position as one in which the Temporary Worker has previously been
supplied within the previous 5 working days and such information has already
been given to the Temporary Worker and remains unchanged; or

(b) the Assignment is intended to last for 5 consecutive
business days or less and such information has previously been given to the
Temporary Worker and remains unchanged, the Employment Business then only need
to provide written confirmation of the identity of the Client and the likely
duration of the Assignment.

3.5 Where the provisions of clause 3.4(b) 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
Temporary 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 Temporary Worker on an Assignment pursuant to the
Working Time Regulations, the start date for the relevant averaging period
shall be the date on which the Temporary Worker commences the first Assignment.

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

4. TEMPORARY WORKER’S OBLIGATIONS

4.1 The Temporary Worker is not obliged to accept any
Assignment offered by the Employment Business but if they do so, during every
Assignment and afterwards where appropriate, the Temporary Worker shall:

(a) co-operate with all the Client instructions, accept
direction, supervision and control of the Client/any responsible person in the
Client’s organisation, attend Assignments on time, undertake Assignment work to
a high standard and complete all paperwork promptly and correctly at all times;

(b) observe any relevant rules and regulations of the
Client’s establishment (including normal hours of work) to which attention has
been drawn or which the Temporary Worker might reasonably be expected to be
aware of;

(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 Client;

(d) not engage in any conduct detrimental to the interests
of the Client or Employment Business or the Clients relationship with the
Employment Business;

(e) not commit any act or omission constituting unlawful
discrimination or harassment against any of the Client’s or Employment
Business’ staff or anyone else on the Client’s or Employment Business’ Site;

(f) not at any time divulge to any person, nor use for their
own or any other person’s benefit, any Confidential Information relating to the
Client’s and/or the Employment Business; and

(g) not to divulge to any person at any time or use for
their own or others benefit, any Confidential Information;

(h) on completion of the Assignment or at any time when
requested by the Client or the Employment Business return immediately to the
Client or where appropriate, to the Employment Business, any Client property or
items provided to the Temporary 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 Temporary 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 Temporary Worker undertakes to:

(a) inform the Employment Business of any Calendar Weeks
between 1 October 2011 and prior to the date of commencement of the relevant
Assignment and/or during the relevant Assignment in which the Temporary Worker
has worked in the same or a similar role with the relevant Client via any third
party and which the Temporary Worker believes counts or may count towards the
QP;

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

(c) inform the Employment Business if, since 1 October 2011,
s/he has prior to the date of commencement of the relevant Assignment and/or
during the relevant Assignment:

i. completed two or more assignments with the Client;

ii. completed at least one assignment with the Client and
one or more earlier assignments with any member of the Client’s Group; and/or

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

4.3 If the Temporary Worker is unable for any reason to
attend any Assignment on any day they should inform the Employment Business as
soon as possible and, in any event, at the latest within 1 hour of the
scheduled commencement of the work for the Client on each and every the day of
the non-attendance. In the event that it is not possible to inform the
Employment Business within these timescales, the Temporary Worker should
alternatively inform the Client and then the Employment Business as soon as
possible.

4.4 If, either before or during the course of an Assignment,
the Temporary Worker becomes aware of any reason why they may not be suitable
for an Assignment, the Temporary Worker must notify the Employment Business
immediately.

4.5 The Temporary Worker acknowledges that any breach of
their obligations as set out in this clause 4 or elsewhere in these Terms will
trigger clause 9 and termination of these Terms and could cause the Employment
Business to suffer loss and that the Employment Business reserves the right to
recover such losses from the Temporary Worker as a debt and the Temporary
Worker hereby authorises the Employment Business to make such deductions to any
monies due to the Temporary Worker (subject to written notice thereof in
advance) on account of such losses providing they are attributable to the
Temporary Worker’s breach of these Terms.

5. TIMESHEETS

5.1 At the end of each week of an Assignment (or for
Assignments lasting for a period of 1 week or less before the end of the week
the Assignment took place) the Temporary 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 Client.

5.2 Subject to clause 5.1 and 5.3 the Employment Business
shall pay the Temporary Worker for all hours worked regardless of whether the
Employment Business has received payment from the Client for those hours.

5.3 Where the Temporary Worker fails to submit a properly
authenticated time sheet in timely fashion the Employment Business shall be
entitled to delay any payment to the Temporary Worker whilst it conducts
necessary investigations into the hours claimed by the Temporary Worker and the
reason the Client has refused to sign a timesheet in respect of those hours.
The Employment Business shall make no payment to the Temporary Worker for hours
not worked.

5.4 For the avoidance of doubt and for the purposes of the
Working Time Regulations, the Temporary Worker’s working time shall only
consist of those periods during which he is carrying out activities or duties
for the Client as part of the Assignment. Time spent travelling to the Client’s
premises, lunch breaks and other rest breaks shall not count as part of the
Temporary Worker’s working time for these purposes. Subject to any agreed
variation in the Assignment Details Card which the Employment Business may
make.

6. REMUNERATION

6.1 Subject to any increase applying pursuant to the AWR and
the Temporary Worker’s corresponding attainment of the QP and further the
requirements of the AWR being satisfied the Employment Business shall pay to
the Temporary Worker at least the Hourly Rate for each hour worked during the
Assignment. The Actual Rate of Pay will be notified on a per Assignment basis
and shall be 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/or any other deductions which the Employment
Business may be required by law to make and/or any Agreed Deductions. The
Temporary Worker shall not be financially penalised and / or have additional
time deducted for lateness.

6.2 If the Temporary Worker has completed the QP on the
start date of the relevant Assignment or following completion of the QP during
the relevant Assignment, the Employment Business shall (subject to the
requirements of the AWR being satisfied and thus requiring such payment) pay to
the Temporary Worker:

(a) the Actual QP Rate of Pay; and

(b) Emoluments (if any);

 

notified on a per Assignment basis and as set out in the
relevant Assignment Details Card or any variation to the relevant Assignment
Details Card.

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

6.4 If the Temporary Worker has completed the QP on the
start date of the relevant Assignment or following completion of the QP during
the relevant Assignment, (subject always to the terms of compliance with the
AWR and the relevant/comparable (if any) terms of the Client) the Temporary
Worker may be entitled to receive enhanced remuneration or bonus. The Temporary
Worker will comply with any requirements of the Employment Business and/or the
Client relating to the assessment of the Temporary Worker’s performance for the
purpose of determining whether or not the Temporary Worker is entitled to a
Client related bonus and the amount of any such bonus. If, subject to
satisfying the relevant assessment criteria, the Temporary Worker is entitled
to receive a bonus, the Employment Business will once confirmed and agreed with
the Client pay the bonus to the Temporary Worker on the Client’s comparable
terms.

6.5 Where the Temporary Worker holds a valid E101
Certificate confirming coverage by a social security scheme in a Member State
other than the UK, the Temporary Worker must declare this to the Employment
Business and produce the certificate. In such cases the Employment Business
shall not deduct Class 1 National Insurance Contributions from the Actual Rate
of Pay but it shall be the responsibility of the Temporary Worker to pay such
social fee contributions as may be applicable in the Member State concerned. In
the event that the Temporary Worker fails to pay such contributions and the
Employment Business is required to pay contributions either in the UK or the
Member State concerned, the Temporary Worker hereby undertakes to indemnify the
Employment Business for such payments and the Employment Business shall be
entitled to deduct the amount paid in contributions from any sums owed to the
Temporary Worker and/or pursue the Temporary Worker for such sums which shall
be recoverable as a debt.

7. STATUTORY PAID ANNUAL LEAVE

7.1 The Temporary 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 is
5.6 weeks.

7.2 If the statutory minimum entitlement is subsequently decreased
or increased then the Temporary Worker’s entitlement to paid annual leave under
this clause 7 will be automatically decreased or increased to the statutory
minimum as it applies to any period in which work is carried out.

7.3 Entitlement to payment for leave accrues in proportion
to the amount of time worked by the Temporary Worker on Assignment during the
Leave Year.

7.4 Pursuant to the AWR, on completion of the QP and subject
always to the requirements of the AWR and the Client’s comparable and applicable
terms, the Temporary Worker may be entitled to paid and/or unpaid annual leave
in addition to the Temporary Worker’s entitlement to paid and/or unpaid annual
leave under the Working Time Regulations and in accordance with clause 7.1and
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 Card or any subsequent
variation to the relevant Assignment Details Card.

7.5 All entitlement to leave must be taken during the course
of the Leave Year in which it accrues and none may be carried forward to the
next year save as agreed otherwise in the Assignment Details Card. The
Temporary Worker is responsible for ensuring that all paid annual leave is
requested and taken within the Leave Year.

7.6 Where a Temporary Worker wishes to take paid leave
during the course of an Assignment they should notify the Employment Business
of the dates of their intended absence by giving notice of at least twice the
length of the period of leave that they wish to take or 7 working days
(whichever is the longer). In certain circumstances the Employment Business may
require the Temporary Worker to take paid annual leave at specific times or
notify the Temporary Worker of periods when paid annual leave cannot be taken.
Where the Temporary 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 Temporary Worker to postpone or reduce the amount of leave that the
Temporary Worker wishes to take. In such circumstances the Employment Business
will inform the Temporary 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.

7.7 The Temporary Worker’s holiday pay is calculated in
accordance with and paid in proportion to the number of hours that the
Temporary Worker has worked on an Assignment during the holiday year. If the
Temporary Worker’s pay in normal working hours (whether by hour/week/or other
period) does not vary with the amount of work done in the period, the amount of
a week’s pay is the amount which is normally payable under this contract if the
Temporary Worker works throughout his/her normal working hours in a week. If
the Temporary Worker’s pay for work done in normal working hours (whether by
hour/week/or other period) does vary with the amount of work done in the
period, then the amount of a week’s pay is the amount of pay for the number of
normal working hours in a week calculated at the average hourly rate of
remuneration payable to the Temporary Worker in respect of a period of twelve
weeks. Where there are no normal working hours, for the purposes of holiday
pay, a week’s pay is the amount of the Temporary Worker’s average weekly
remuneration in a period of twelve weeks.

7.8 Statutory Paid Annual Leave accrual (where Normal Hours
don’t apply only):

(a) Worked hours x 12.07% = accrued hours

(b) Holidays Pay Rate = average earnings from 12 weeks prior
to annual leave

7.9 In the course of any Assignment during the first Leave
Year, the Temporary Worker is entitled to request leave at the rate of
one-twelfth of the Temporary Worker’s total holiday entitlement in each month
of the leave year.

7.10 Where a Bank Holiday or other Public Holiday falls
during an Assignment and the Temporary Worker does not work on that day, then
subject to the worker having accrued entitlement to payment for leave in
accordance with clause 7.3 the Temporary Worker may, upon giving the notice in
clause 7.6, take a Bank Holiday or other Public Holiday as part of his paid
annual leave entitlement.

7.11 Where this contract is terminated by either party and a
P45 is requested, the Temporary Worker shall be entitled to a payment in lieu
of any accrued and untaken holiday pay in accordance with clause 7.3 at the
date of termination.

8. SICKNESS ABSENCE

8.1 The Temporary Worker may be eligible for Statutory Sick
Pay provided that they meet the relevant statutory criteria.

8.2 The Temporary Worker is required to provide the
Employment Business with evidence of incapacity to work 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 Temporary Worker submits a
Statement of Fitness for Work (“the Statement”) or similar medical evidence,
which indicates that the Temporary Worker may, subject to certain conditions,
be fit to work/return to work, the Employment Business will in its absolute
discretion determine whether the Temporary 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 Client and the
Temporary Worker as appropriate to assess whether the conditions identified in
the Statement or similar documentation can be satisfied for the duration of the
Assignment pursuant to the occupational requirements of the Assignment together
with any related health and safety issues.

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

9. TERMINATION

9.1 The Employment Business, the Temporary Worker or the
Client may terminate the Temporary Worker’s Assignment and these Terms at any
time without any prior notice or liability whatsoever (regardless of the
provisions in clause 3 above which do not fetter either parties rights to
terminate this agreement at any time and are not on the part of the Employment
Business any form of guarantee of Assignments/Hours/Type of Work or notice to
end the same) although the Employment Business will, where possible, consider
giving the Temporary Worker some notice to terminate these Terms if, in the
Employment Businesses view, it is possible to do so.

9.2 The Temporary Worker acknowledges that the continuation
of an Assignment is subject to the continuation of the contract entered into
between the Employment Business and the Client. In the event that the contract
between the Employment Business and the Client is terminated for any reason the
Assignment shall cease with immediate effect without any liability of the
Employment Business to the Temporary Worker (save for payment for hours (and
any other accruals) worked and/or due to the Temporary Worker up to the date of
termination of the Assignment).

9.3 Given the nature of the demand for reliability on short
term Assignments, if the Temporary Worker does not inform the Client or the
Employment Business that they are unable to attend work during the course of an
Assignment (as required in clause 4.3) this may be deemed termination of these
Terms and the Assignment by the Temporary Worker in accordance with clause 9.1,
unless the Temporary Worker can show that exceptional circumstances prevented
him/her from complying with clause 4.3.

9.4 If the Temporary 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 without any liability whatsoever (save for any accrued pay and
holiday due) in accordance with clause 9.1 if the work to which the Temporary
Worker was assigned is no longer available.

9.5 If the Temporary Worker does not report to the
Employment Business to notify their availability for work for a period of 16
weeks, the Employment Business will forward the P45 to the Temporary Worker’s
last known address.

9.6 The Temporary Worker shall be liable for any losses
incurred by the Employment Business in relation to:

(a) any fraudulent or illegal documentation supplied to the
Employment Business by the Temporary Worker;

(b) any reckless or negligent damage by the Temporary Worker
of any property belonging to the Employment Business and/or the Client; and

(c) the Temporary Worker hereby indemnifies the Employment
Business in relation to any such losses whatsoever and further warrants that
they have not supplied any such fraudulent or illegal documentation relating in
any way to their employment and immigration status and/or suitability to
undertake any work through the Employment Business.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 The Temporary Worker acknowledges that all copyright,
trademarks, patents and other intellectual property rights deriving from
services carried out by him/her for the Client during the Assignment shall
belong to the Client. Accordingly the Temporary 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 Client and the Employment Business and without prejudice to
every other duty to keep secret all information given to it or gained in confidence
the Temporary Worker agrees as follows:-

(a) not at any time, whether during or after any Assignment
(unless expressly so authorise by the Client 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
Client or the Employment Business with the exception of information already in
the public domain;

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

(c) 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 Client 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 Client or the
Employment Business as appropriate.

12. CONTACT

12.1 The Temporary Worker hereby agrees to be contacted by
text and/or email for the purposes of receipt of pay slips; Client details and
Assignment and/or holiday details and any other details covering their
Engagement and the Temporary Work Agency shall provide a designated email
address for that purpose.

13. DATA PROTECTION

13.1 The Temporary Worker warrants that in relation to these
Terms, s/he shall comply strictly with all provisions applicable to him/her
under the Data Protection Laws and shall not do or permit to be done anything
which might cause the Employment Business or the Client to breach any Data
Protection Laws.

13.2 The Temporary Worker consents to the Employment
Business, any other intermediary involved in supplying the services of the
Temporary Worker to the Client (now or in the future), and the Client:

(a) processing his/her personal data for purposes connected
with the performance of the Assignment and pursuant to these Terms; and

(b) exporting and/or processing his/her personal data in
jurisdictions outside the European Economic Area for purposes connected with
the performance of these Terms.

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
provisions shall, to that extent, be served from the remaining Terms, which
shall continue to be valid to the fullest extent permitted by applicable law.

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 and
Wales and are subject to the exclusive jurisdiction of the Courts of England
and Wales.

 

SCHEDULE 2

DEFINITIONS OF “QUALIFYING PERIOD “QP” AND
“TEMPORARY WORK AGENCY”

1. (a) For the purpose of the definition of “QP”
in clause 1.1 of these Terms, when calculating whether any weeks completed with
the Client count as continuous towards the QP, where, the Temporary Worker has
started working during an assignment and there is a break, either between
assignments or during an assignment, when the Temporary Worker is not working
and the break in the assignment is;

(i) for any reason and under six Calendar Weeks;

(ii) wholly due to the fact that the Temporary Worker is
incapable of working in consequence of sickness or injury and the break is 28
Calendar Weeks or less; (where paragraph (iii) does not apply) and, if required
to do so by the Company, the Temporary 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 Temporary Worker
returns to work;

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

i. ordinary, compulsory or additional maternity leave;

ii. ordinary or additional adoption leave;

iii. ordinary or additional paternity leave;

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

v. for more than one of the reasons listed in paragraphs
(iv) i, ii, iii to iv above;

(v) wholly due to the fact that the Temporary 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 Client’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 Client;

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

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

(b) the Temporary Worker returns to work in the same role
with the Client, any weeks during which the Temporary Worker worked for the
Client before the break shall be carried forward and treated as counting
towards the QP with any weeks during which the Temporary Worker works for the
Client after the break. In addition, when calculating the number of weeks
during which the Temporary Worker has worked, where the Temporary Worker has
started working in a role during an Assignment and is unable to continue
working for a reason described in paragraph 1. (a)(iii) or (a)(iv)i., ii, or
iii., for the period that is covered by one or more such reasons, the Temporary
Worker shall be deemed to be working in that role with the Client 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
Temporary Worker working during an assignment before 1 October 2011 does not
count for the purposes of the definition of “QP”.

(c) where the Temporary Worker ceases working in the same
role for 6 weeks or more for any reason not covered above then the qualifying
clock shall cease for the purposes of the QP as shall also be the case when the
Temporary Worker takes up a new assignment with a new Client or a different
role with the same Client.

2. “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 Clients; 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 Clients.

3. Notwithstanding paragraph 2(b) above 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 Clients. For the purpose of this definition, a
“Client” 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.