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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
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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;
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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.
5.1 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.
6.1 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
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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.
9.1 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.
11.1 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.
12.1 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.
Mach Recruitment ver. 010
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.
15.1 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.
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.