1 CONTRACT OF SERVICES
Temporary Workers are engaged under a contract for services, the terms of which are set out below and which apply to each and every assignment. However, no contract shall exist between the Employment Business and the Temporary Worker between assignments.
For the avoidance of doubt, these Terms shall not rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from the Temporary Worker’s remuneration in accordance with clause 3.
2 TEMPORARY ASSIGNMENTS
The Employment Business agrees to offer to the Temporary Worker opportunities to work, where there is a suitable assignment with a Hirer, (hereinafter called the CUSTOMER) requiring such a worker.
The Employment Business reserves the right to offer any assignment to such Temporary Workers as it may elect where that assignment is suitable for several workers.
3 RATE OF PAY
The Employment Business shall pay to the Temporary Worker, subject to completion of each period of the assignment, remuneration calculated at a minimum hourly rate of the NMW for each hour worked. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment. You will be paid to the nearest quarter hour. This will be paid one week in arrears subject to deductions for the purpose of National Insurance, PAYE, or any other purpose for which the Employment Business is required by law to make deductions. Method of payment will be by direct credit into a bank/building society account of the Temporary Worker’s choice. The Employment Business does not accept the responsibility for any bank charges incurred due to late payment or payment by cheque.
a) At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business a time sheet 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 Customer. Failure to submit a time sheet for hours worked may delay payment for those hours;
b) 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 the Temporary Worker is carrying out activities or duties for the Customer as part of the Assignment. Time spent travelling to the Customer’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes;
c) Subject to clause 4 d. The Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Customer for those hours;
d) Where the Temporary Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Customer has refused to sign a timesheet in respect of those hours. This may delay payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.
5 GENERAL CONDITIONS
The Temporary Worker is under no obligation to accept an offer of an assignment. If an assignment is accepted, the Temporary Worker, at all times when services are due to a Customer agrees to comply with the following conditions:
a) Not to engage in any conduct detrimental to the interests of the Employment Business.
b) To be present during the times, or for the total number of hours during each day and/or week as may be agreed. Failure to complete the shift/day will result in breach of contract.
c) To take all reasonable steps to safeguard own safety and the safety of any other person or equipment, vehicles, etc. which may be affected by the Temporary Worker’s actions at work.
d) To comply with any disciplinary rules or obligations in force at the premises where services are performed to the extent that they are reasonably applicable.
e) To comply with all reasonable instructions and requests within the scope of the agreed services made either by the Employment Business or the Customer.
f) To notify Alternative Recruitment Services Ltd immediately of any grievance or dispute whilst on assignment so that effective action can be taken to resolve any dispute in accordance with Alternative Recruitment Services Ltd Grievance and Disciplinary procedure for Agency workers.
6 CONTRACTED HOURS
There is no obligation by the Employment Business to provide or the Temporary Worker to serve any normal number of hours in any day or week. In the event of the Temporary Worker declining to accept any offer of work, or not attending work for any period, the Contract shall terminate.
The Employment Business and the Temporary Worker agree that the nature of temporary work is such that there may be periods between assignments when no work is available.
7 PAID ANNUAL LEAVE
To reflect changes made to the Working Time Regulations 1998 by the Working Time (Amendment) Regulations 2007. The annual leave granted under these terms will always be the statutory minimum as it is from time to time. Under the Working Time Regulations 1998 (as amended), the Temporary Worker is entitled to annual leave of 5.6 weeks (pro-rata). If the statutory minimum leave is subsequently decreased or increased then entitlement to leave under this clause will be decreased or increased so as to be set at the statutory minimum as it applies to any period in which work is carried out.
a) 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.
b) Entitlement to payment for leave accrues in proportion to the amount of basic hours worked by the Temporary Worker on Assignment during the leave year. Payments for annual leave will be calculated on the rates paid during the Customer’s normal working hours i.e. those which do not attract overtime rates of pay, or the average pay at basic rate over the previous 12 weeks, whichever is the lower.
c) Where a Temporary Worker wishes to take paid leave during the course of an Assignment, s/he should give the Employment Business reasonable notice of their intention to take leave. The Temporary Worker may be asked to work for the Customer during the Customer’s official holiday time, this will in no way adversely affect the Temporary Worker’s entitlement to paid leave.
d) 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.
Provided the Temporary worker has had 3 months continuous employment then the Temporary worker will be entitled to SSP till either:
- they have been given written notice that the contract has come to an end
- SSP entitlement stops for some other reason
If the Temporary worker has not had 3 months continuous employment then SSP will be payable up to the end of the agreed assignment
To qualify for SSP the following rules will apply:
- have been ill for at least 4 days in a row (including non-working days)
- earn an average of at least £116 per week
- informed the Agency of your sickness on the first day of sickness
9 TERMINATION OF ASSIGNMENT
a) The Employment Business or the Customer, may, without prior notice or liability, instruct the Temporary Worker to end an assignment with a customer at any time.
b) The Temporary Worker may terminate an assignment at any time by giving the Employment Business a minimum of 1 day’s prior notice.
c) If the Temporary Worker does not inform the customer or the Employment Business within one hour of the commencement of the assignment or shift that they are unable to attend work, this will be treated as termination of the assignment by the Temporary Worker.
d) If the Temporary Worker is absent during the course of an assignment and the contract has not been otherwise terminated the Employment Business will be entitled to terminate the contract in accordance with 11a if the work to which the absent worker was assigned is no longer available for the Temporary Worker.
e) If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of three weeks, the Employment Business will forward a P45 to the Temporary Worker’s last known address.
The temporary worker shall in all things keep the secrets of the employer and shall not at any time whether during or after the termination of his/her assignment otherwise than in the proper course of his/her duties hereunder without the written consent of the customer divulge or make known to anyone of the secrets of the customer or any information of a confidential nature relating in any way to customers.
These provisions shall continue to apply after termination of the assignment however arising or affected without limit of time but shall cease to apply to any information or knowledge which may at any time come into the public domain other than through unauthorised disclosure.
This clause in no way effects your rights to exercise your statutory rights under English or European law.
11 DATA PROTECTION
These Conditions of Work for Temporary Workers are governed by the Law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales