Agency worker Agreement (Contract for services)

This document, together with any Assignment Notices (hereafter collectively referred to as the Agreement) creates a contract for services between the Parties.

Parties to the contract

Whereas the Company is an Employment Business providing nurses, doctors, GPs, allied health professionals, care workers and other healthcare staff to health and care providers, NHS, or other organisations.

And whereas the Worker, who may be an individual or a Personal Service Ltd Company would like to receive offers of temporary work placements.

1.   Definitions and interpretations

1.1. Within this Agreement the following words (when the initial letter is capitalised) shall have the given meanings

‘Assignment’ means a temporary work placement with a specific Hirer. This can be either a single occasion or a series of days/weeks.

‘Assignment Notice’ means a document providing details of each Assignment.

‘Confidential Information’ means any and all confidential, proprietary, commercial, financial, marketing, technical or other information, knowledge or know-how of whatever nature relating to the Hirer or Employment Business or their business or affairs including but not limited contracts, agreements, (including these Terms and Conditions), understandings, documents, policies, manuals, procedures, processes, methods, techniques, data, databases, records, reports, plans, ideas, proposals, concepts, objectives, targets, forecasts, pricing, discounts, costs, specifications, software, programs, algorithms, specifications, trade secrets; details of contacts, Clients, agents, consultants, suppliers, partners, sponsors, employees, workers, Hirers, patients or people cared for and volunteers; information created, produced, generated or complied by any person in providing services (including the Worker), support, assistance, guidance or advice, information concerning an Assignment, Intellectual Property; and other information not specifically listed but is identified, marked, stated or by its nature would be reasonably deemed as being confidential and shall include existing, prospective and presently unknown information

‘Employment Business’ means a business that provides temporary workers working under the direct control and supervision of a Hirer, as defined in Section 13(3) of the Employment Agencies Act 1973.

‘Hirer’ means person, business, company, corporate or public body who needs workers to fulfilling a temporary or emergency staff shortage.

‘Intellectual Property’ means all rights, benefits and privileges vested by UK law and worldwide treaties attached to any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the Company in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future.

‘Personal Service Company’ means a Worker who provides their services in the capacity of a Limited Company incorporated in England.

‘Worker’ means a person or Personal Service Company engaged under contract for service with the Company to provide

Assignments to a Hirer.

1.2. Singular includes the plural and vice versa.

1.3. References to clauses, sub-clauses, schedules, or appendices are to clauses, sub-clauses, schedules, or appendices of this Agreement.

1.4. A reference to a person includes firms, companies, government entities, trusts, and partnerships.

1.5. The word ‘including’ or ‘’includes’ is understood to mean without limitation to any list or options which follow those words.

1.6. The word ‘writing’ or ‘written’ will include any format including fax and e-mail unless otherwise stated.

1.7. A reference to any law, statute, regulation, rule, or code of practice includes any modification or amendment of it.

1.8. The headings and sub-headings do not form part of this Agreement.

1.9. Where the Worker is a Personal Service Company references to the Worker means the limited company.

2.   The Agreement

2.1. The Agreement shall begin on the date it is signed by both Parties; a signature includes a copy or digital image and electronic signature.

2.2. The Agreement shall be binding until terminated under clause 14.

2.3. No amendment or variation to this Agreement will be effective unless made by the Company upon giving the Worker not less than 14 (fourteen) days notice to

2.3.1.    comply with a change to an applicable law;

2.3.2.    correct any material errors;

2.3.3.    to incorporate new policies, procedures, or technologies; or

2.3.4.    otherwise by mutual consent.

2.4. Before or upon entering into this Agreement the Company shall perform all of the following checks where necessary or applicable

2.4.1.    Verification of identity;

2.4.2.    Verification of right to work in the U.K;

2.4.3.    Verification of qualifications, authorisation, or professional registration;

2.4.4.    Employment history;

2.4.5.    Two references from persons who are not relatives;

2.4.6.    Criminal records check;

2.4.7.    Barred from working with vulnerable person check;

2.4.8.    Verification of immunisation where immunisation is necessary or required;

2.4.9.    Verification of limited company registration number and public liability insurance where the Worker is a Personal

Services Company.

2.4.10.  Any other document which may be required with effect of changes from regulatory bodies as well as authorities such as NHS.

2.5. The Worker authorises and consents to:

2.5.1.    the Company to make any enquiry considered necessary to fulfil and satisfy the requirements of clause 2.4;

2.5.2.    the Company retaining copies of all information collected under clause 2.4;

2.5.3.    sharing that information with potential Hirers, governing bodies, and relevant authorities.

2.5.4.    Monitoring & recordings of calls for training and quality assurance purposes.

2.6. The Worker shall advise the Company as soon as is practically possible of any changes to the personal details the

Company hold about the Worker, including but not limited to the information required under clause 2.1.

2.7. The Worker must immediately inform the Company if the Worker becomes the subject of or are involved in any investigations of a criminal or regulatory nature, or any registration or authorisation is suspended, revoked, or expires.

2.8. In entering into this Agreement both Parties agree that

2.8.1.    this Agreement forms the entire agreement between the Parties;

2.8.2.    they have not relied on, or been influenced by any representation, understanding or agreements whether written or verbal, excluding fraud;

2.8.3.    the Worker’s services are provided in the capacity of an agency worker as defined by the Agency Workers Regulations 2010 under a contract for service; and not as an employee (under a contract of service), agent, representative, or partner;

2.8.4.    no contract shall exist between the Employment Business and the Worker between Assignments;

2.8.5.    where the Worker would ordinarily operate under their own standard terms and conditions nothing within those standard terms and conditions shall supersede, replace or amend this Agreement and in the event of any conflict between the Workers standard terms and conditions and this Agreement then this Agreement shall always prevail;

2.8.6.    any documents or forms that are not expressly stated as forming part of this Agreement are for convenience, information, and administrative purposes only and shall not affect, replace, or supersede any provision of this Agreement.

2.9. The Worker accepts that due to the intermittent and temporary nature of the Assignments that there may be periods of time when no suitable work will be available and the Worker shall not have any claim nor shall The Company have any liability or obligation during periods where no suitable work is available. No contract shall exist between Assignments.

2.10. The Worker acknowledges that if any time the relevant period a Hirer

2.10.1.  wishes to employ a Worker directly; or

2.10.2.  engages the Worker through a different agency; or

2.10.3.  introduces the Worker to another agency for the purposes of supplying the Hirer;

the Company shall be entitled to charge the Hirer a transfer fee or agree to an Extended Hire Period of not more than 8 (eight) weeks during which the Worker shall continue to be supplied to the Hirer before employment with a Hirer or engagement through a different agency can begin.

2.11. The relevant period referred to in clause 2.10 shall be whichever of the following ends later:

2.11.1.  eight weeks beginning on the day after the last day the Worker carried out work for the Hirer; or

2.11.2.  fourteen weeks from the first day of the most recent Assignment where there has not been a break of more than forty two days.

2.12. Clause 2.10 and 2.11 shall survive termination of this Agreement until the relevant period ends.

3.   Assignments.

3.1. The Worker is not permitted to undertake any Assignments until all the checks under clause 2.4 have been completed.

3.2. Each week, or otherwise upon the request of the Company, the Worker shall inform the Company the days and times that the Worker wishes to be available for Assignments during the forthcoming week.

3.3. The Company will compare requests from Hirers for Workers Assignments with the Workers skills, knowledge, qualifications, experience, and availability.

3.4. The Company may, but is not obliged to, offer any suitable Assignments to the Worker verbally, via telephone, email, text, or messenger.

3.5. An offer of Assignment shall include an Assignment Notice (except where the Worker has been provided with the same details for the same role within the previous 5 days or where the Assignment is for less than 5 days and the Worker has been previously provided with an Assignment notice and the information has not changed) which shall include

3.5.1.    the Hirers name and address;

3.5.2.    the location of the premises where the Assignment will be provided;

3.5.3.    the dates, times, and duration of the Assignment;

3.5.4.    the role, position, duties responsibilities and nature of the work;

3.5.5.    confirmation of any qualification, registration or authorisation required or necessary;

3.5.6.    the renumeration available for Assignment;

3.5.7.    whether the Worker will be exposed to vulnerable persons;

3.5.8.    where the Hirer has provided details of any risk to health and safety, to provide details of the risks and how those risks are being managed or mitigated.

3.5.9.    any other relevant information.

3.6. The Worker may be offered Assignments at short notice where the circumstances or workload demand. In the event of an emergency call out or other reason where an Assignment Notice cannot be provided at the time an offer of Assignment is made then the detain contained in an Assignment Notice may be given verbally and a written Assignment Notice shall be provided as soon as is reasonably practical.

3.8 The Worker may, but is not obliged to, accept any Assignment offered as soon as practically possible. If the Worker does not respond to an offer of Assignment the Company may offer that Assignment to an alternative worker.

3.9 The Company may offer an Assignment to more than one worker or all workers and the Assignment may be awarded to the Worker who accepts the Assignment first.

3.10. The Company shall not make or impose any charges upon the Worker for the services of finding or providing

Assignments

3.11. The Worker is required to attend all accepted Assignments at the Hirer’s premises in sufficient time to be available to work at the scheduled commencement time, in uniform, with photo ID, a copy of the Notice of Assignment (if provided) and a time sheet.

3.12. If at anytime after accepting an Assignment and before the Assignment is scheduled to commence the Worker is unable to attend the Worker shall inform the Company as soon as is reasonably practical and possible.

3.13. If at anytime the Worker is or becomes aware that they will not be able to arrive at the Hirer’s premises before the scheduled commencement the Worker shall contact the Company and the Hirer to give the reason for the delay and expected time of arrival.

3.14. If the Worker fails to attend an accepted Assignment without good cause or reason it shall be recorded as a failure to attend and may affect offers of future Assignments if the Worker’s reliability comes into question and if the Assignment was within the NHS framework then it may be recorded within the NHS performance records.

3.15. During an Assignment, the Hirer shall be solely responsible for –

3.15.1.  defining the Worker’s role, duties, and responsibilities;

3.15.2.  preparation and supply of care plans to detail the needs of the person(s) needing care and how those needs are to be met;

3.15.3.  providing Instructions, supervision, and management;

3.15.4.  providing access to all onsite facilities that are available to their own employees e.g. canteen, staff room, transport services, crèche, car parking etc;

3.15.5.  providing a safe and healthy environment to work in;

3.15.6.  providing the equipment to enable the Worker to perform the role and duties;

3.15.7.  providing support and training where necessary, appropriate, or desirable;

3.15.8.  ensuring all legal obligations are met during the Assignment;

3.15.9.  maintaining all necessary licenses, permissions, and authorisation to carry out all activities relating to the

Assignment;

3.15.10.  allowing access to information for any employment vacancies that may arise with the Hirer.

3.16. At the end of each Assignment or period of work if the Assignment is for more than a single period of work the Hirer shall sign the Worker’s timesheet to verify the Assignment or work period was performed.

3.17. The Assignment shall terminate

3.17.1.  upon completion of all work periods in the Assignment; or

3.17.2.  if the Worker feels they are not suitable for the work, upon the Worker providing written notice to the Company and the Hirer of not less than 3 days except where there is any risk to the health, safety, wellbeing or appropriate care not being given to the person being cared for in which case the termination shall be immediate; or

3.17.3.  if the Hirer cancels or terminates an Assignment prior to the completion of the Assignment; or

3.17.4.  if the agreement is terminated; or

3.17.5.  if the contract between the Company and the Hirer is terminated or otherwise comes to an end;

3.18. Upon completion or termination of an Assignment the Worker and the Hirer shall be relieved of any obligations created by contract or an Assignment Notice and the Worker shall be entitled to receive the normal remuneration up to the point of termination.

3.19. Unless otherwise stated or agreed, termination of an Assignment does not terminate this contract.

4.     The Company’s obligations

4.1.  Notwithstanding any other obligation within this Agreement the Company are solely responsible for –

4.1.1.    matching the Worker’s skillset, experience, qualifications, and availability with suitable Assignments.

4.1.2.    processing all timesheets and the payment of the Worker’s wages.

4.1.3.    making required deductions for income tax, national insurance or by law or order of a court;

4.1.4.    ensuring the Worker receives all rights and benefits as provided or required by law, regulation, or authoritative code of practice;

4.1.5.    providing the Worker with equal opportunities to develop and progress;

4.1.6.    providing information and training in respect of any procedures, policies, or requirements of the Company;

4.1.7.    acting fairly and consistently in all dealings and not unreasonably delay meetings or decisions in relation to any complaint.

5.   The Worker’s obligations

5.1. Notwithstanding any other obligation within this Agreement the Worker is solely responsible for –

5.1.1.    maintaining any registration, qualification, insurance, permission, or authorisation required or necessary to carry out any services or activity the Worker wishes to provide;

5.1.2.    arranging travel to and from the location of Assignments, unless agreed otherwise and stated in the Assignment

Notice;

5.1.3.    arriving at all Assignments on time, appropriately dressed (including the wearing of a uniform if required) in a smart and professional manner, personal untidiness/ unkemptness arriving late or otherwise not being ready and available to work may result in the Assignment being terminated;

5.1.4.    maintain a high standard of personal hygiene to reduce risk of infection or contamination;

5.1.5.    using their skills, knowledge, education, experience, contacts, ability, and understandings to best effect in performing the role and duties for the benefit of the people the Worker cares for and the Hirer;

5.1.6.    observing and respecting any instructions, rules, or policies of the Hirer;

5.1.7.    providing a high standard of care;

5.1.8.    keeping up to date with industry advances;

5.1.9.    accepting, embracing, and implementing change and improvement;

5.1.10.  striving to develop and improve personal performance;

5.1.11.  carrying out and following all instructions from the Hirer;

5.1.12.  using any Hirer or Company equipment with care and efficiency;

5.1.13.  sharing ideas and suggestions which may improve the performance and efficiency of the Company or the

Hirer’s business;

5.1.14.  acting with honesty and in good faith at all times;

5.1.15.  taking all reasonable steps to safeguard the Worker’s own health and safety and of anyone who may be affected by the Worker’s actions, inactions, or omissions;

5.1.16.  not to engage in any conflict of interest, adversely interfere or otherwise disrupt the business of the Company or the Hirer;

5.1.17.  keep private and not disclose, publish, reproduce, or reveal in any manner Confidential Information;

5.1.18.  not commit any act or omission constituting unlawful discrimination against or harassment of any member of the

Employment Business' or the Hirer's staff

6.   Sickness

6.1. If the Worker becomes unwell during an Assignment or before a scheduled Assignment is due to commence, the Worker must notify the Company (and the Hirer if the illness arises during or shortly before an Assignment is due to commence) before the end of the first day of absence to retain any eligibility for statutory sick pay (SSP). In notifying The Company and the Hirer you should give the reasons for your absence and the likely duration.

6.2. All days of absence because of sickness must be covered by a medical certificate. For the first 7 days, self-certificate will be sufficient and must be handed in on the first day of return. For illnesses of more than 7 days a doctor’s certificate must be produced on or before the 7th day and weekly thereafter. Due to the laws relating to SSP, the certificate must show all days of illness, even if those were days not days where Assignments would have been performed.

6.3. The Worker will qualify for SSP where the average earnings during the 8 week period before the sickness is above the lower earnings limit in force at the time, the Worker also needs to be absent on qualifying days i.e. days that the Worker would have otherwise been available for Assignments.

6.4. The Worker will only qualify for SSP for the duration of accepted Assignments.

6.5. Where the Worker qualifies for SSP the entitled is at the level determined by law -

6.5.1.    for up to 28 weeks where the Worker has been contracted to the Company for a period of not less than three months and the Worker has carried out at least one Assignment; and

6.5.2.    on days or the duration of any accepted Assignments.

6.6. The first 3 days of absence do not attract or qualify for SSP.

6.7. If the Worker does not qualify for SPP the Worker should complete form SSP1 form the nearest Jobcentre plus to receive sickness benefit.

6.8. The provisions of this clause 6 shall not apply where the Worker is providing services under a Personal Services

Company in the capacity of a business.

7.   The Working Time Regulations 1998.

7.1. During Assignments, all Workers shall be entitled to receive

7.1.1.    a 30 minute unpaid rest break in each 6 hour period of work (30 minutes in each 4.5 hours of work where the

Worker is aged between 16 and 18); and

7.1.2.    11 hours uninterrupted rest between one work period finishing and the next starting (12 hours for Workers between the age of 16 and 18); and

7.1.3.    24 hours rest in each week (48 hours for Workers between the age of 16 and 18).

7.2. It shall be the Hirers responsibility to ensure the above provisions in clause 7.1. are met.

7.3. The Working Time Regulations 1998 restrict an average working week to a maximum of 48 hours for all Workers over the age of 18, and 40 hours for Workers between the age of 16 and 18.

7.4. The restriction applies to and takes into account all work, including work for other employers or agencies, so if the Worker has or accepts additional employment or work the Worker must inform the Company of the number of hours worked in order that there is no inadvertent breach of the regulations.

7.5. Workers over the age of 18 can chose to opt-out of the Maximum 48 hour week restriction by signing the declaration at the end of this contract or at any time during the term of this Agreement by providing a written notice. Workers who opt out can opt back in at any time by providing the Company with a minimum of 28 days written notice.

7.6. The provisions of this clause 7 shall not apply where the Worker is providing services under a Personal Services