Last Modified: Tuesday October 12 2021 12:59
TERMS OF ENGAGEMENT FOR PAYE TEMPORARY
WORKERS (CONTRACT FOR SERVICES)
1.
DEFINITIONS
1.1
In these Terms of Engagement the
following definitions apply:
“Actual Rate of Pay” means the rate of pay which will be paid for each
hour
worked during an Assignment (to the nearest quarter hour) weekly in arrears,
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, any other deductions
which the Employment Business may be
required by law to make and, any Agreed Deductions;
“Agreed Deductions” means any deductions the Temporary Worker has agreed
can
be made from their pay;
“Assignment” means the period during which the Temporary Worker is
supplied
by the Employment Business to provide services
to
the Client;
“Confirmation of Temporary means written confirmation of the assignment details to be
Assignment” given
to the Temporary Worker upon acceptance of the
Assignment;
“Client” means the person, firm or corporate body together with any
subsidiary
or associated person, firm or corporate body (as
the
case may be) to whom the Temporary Worker is
supplied
or introduced;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment
Business
Regulations 2003 (as amended);
“Confidential
Information” shall mean any and all confidential commercial, financial,
marketing, technical or other information or data of whatever nature relating
to the Client or Employment Business or their business affairs (including but
not limited to this Agreement, data, records, reports, agreements, software,
programs, specifications, know-how, trade secrets and other information
concerning the
Assignment)
in any form or medium whether disclosed or granted
access
to whether in writing, orally or by any other means,
the
Temporary Worker or any third party in relation to the
Assignment
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 part(s) of such
information;
“Employment
Business” The
People Bureau Ltd T/as Personnel
Placements (Registered Company No. 3766798) of 20 Oatmeal Row, The
“Engagement” means the engagement, employment or use of the Temporary
Worker by the Client or by any third party to whom the
Temporary Worker has been introduced by the Client on a
permanent
or temporary basis, whether under a contract of service or for services; an
agency, license, franchise or partnership agreement; or by any other
engagement; or 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;
“Hourly Rate” means £7.85 per hour being the minimum rate of pay, or any
higher rate, that the Employment Business reasonably expects to achieve for all
hours worked by the Temporary Worker;
“Leave Year” means the period during which the Temporary Worker accrues
and may take statutory leave commencing on the date that the Temporary Worker
starts an Assignment or a series of Assignments and runs until the anniversary
of that date;
“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;
“Relevant Period” means (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 Employment Business or 14 weeks from the first
day of the most recent Assignment where there has been a break of more than 6
weeks (42 days) since any previous assignment;
“Temporary Worker” means supplied
by the Employment Business to provide services to the Client;
“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;
“Type of Work” means ;
and
“Working Time
Regulations” means the Working Time Regulations 1989 (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 vice versa.
1.3
The headings contained in these Terms
are for convenience only and do not affect their interpretation.
2.
THE CONTRACT
2.1
These terms, together with any
applicable Confirmation of Temporary Assignment (“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 on a contract for services by the Employment Business on
these terms. For the avoidance of doubt,
the Temporary Worker is not an employee of the Employment Business although the
Employment Business is required to make statutory deductions from The Temporary
Worker’s pay. These terms shall not give
rise to a contract of employment between the Employment Business and the
Temporary Worker, or the Temporary Worker and the Client. The Temporary Worker is supplied as a worker,
and is entitled to certain statutory rights as such, but nothing in these terms
shall be construed as giving the Temporary Worker rights in addition to those
provided by statute except where expressly stated.
2.3
No variation or alteration to these terms
shall be valid unless the details of such variation are agreed between the
Employment business and the 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 endeavour
to obtain suitable assignments for the Temporary Worker performing the agreed type
of work. The Temporary Worker shall not
be obliged to accept any assignment offered by the Employment Business.
3.2
The Temporary Worker acknowledges that
the nature of temporary work means that there may be periods when no suitable
work is available and agrees that:
3.2.1
the suitability of the work to be
offered shall be determined solely by the Employment Business; and
3.2.2
the Employment Business shall incur no
liability to the Temporary Worker should it fail to offer assignments of the type
of work or any other work;
3.3
At the same time as an assignment is
offered to the Temporary Worker the Employment Business shall provide the
Temporary Worker with the Confirmation of Temporary Assignment setting out the
following:
3.3.1
the identity of the Client, and if
applicable the nature of their business;
3.3.2
the date the assignment is to commence
and the duration or likely duration of assignment;
3.3.3
the type of work, location and hours
during which the Temporary Worker would be required to work;
3.3.4
the actual rate of pay that will be
paid and any expenses payable by or to the Temporary Worker;
3.3.5
any risks to health and safety known to
the Client in relation to the assignment and the steps the Client has taken to
prevent or control such risks;
3.3.6
what experience, training,
qualifications and any authorisation required by law or a professional body the
Client considers necessary or which are required by law to work in the assignment;
and
3.3.7
the intervals of payment;
3.4
Where such information is not given in
paper form or by electronic means it shall be confirmed by such means by the
end of the third business day (excluding Saturday, Sunday and any Public or
Bank Holiday) following save where:
3.4.1
the 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 business days and such
information has already been given to the Temporary Worker; or
3.4.2
subject to clause 3.5, the assignment
is intended to last for 5 consecutive working days or less and such information
has previously been given to the Temporary Worker before and remains unchanged,
the Employment Business needs only to provide written confirmation of the
identity of the Client and the likely duration of the assignment.
3.5
Where the provisions of clause 3.4.2
are met but the assignment extends beyond the intended 5 consecutive working
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
for the purposes of 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, before or during an assignment or
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 she/he does so,
during every assignment and afterwards where appropriate, she/he will:
4.1.1
co-operate with the Client’s reasonable
instructions and accept the direction, supervision and control of any
responsible person in the Client’s organisation;
4.1.2
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 ascertain;
4.1.3
take all reasonable steps to safeguard
his or her own health and safety and that of any other person who may be
present or be affected by his or her actions on the assignment and comply with
the Health & Safety Policies and procedures of the Client;
4.1.4
not engage in any conduct detrimental
to the interests of the Client;
4.1.5
not at any time divulge to any person,
nor use for his or her own or any other person’s benefit, any confidential
information relating to the Client’s or the Employment Business’ employees,
business affairs, transactions or finances; not to use the telephone, fax,
email or computer systems belonging to the Client for personal gain or benefit;
4.1.6
on completion of the assignment or at
any time when requested by the Client or the Employment Business, return 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 is unable for
any reason to attend work during the course of an assignment she/he should
inform the Employment Business within 1 hour of the commencement of the
assignment or shift. In the event that
it is not possible to inform the Employment Business within these timescales,
the Temporary Worker should alternatively inform the Client and then the
Employment Business as soon as possible.
4.3
If, either before or during the course
of an assignment, the Temporary Worker becomes aware of any reason why she/he
may not be suitable for an assignment, she/he shall notify the Employment
Business without delay.
4.4
The Temporary Worker acknowledges that
any breach of his/her obligations set out in this clause may cause the
Employment Business to suffer loss and that the Employment Business reserves
the right to recover such losses from the Temporary Worker.
5.
TIMESHEETS
5.1
At the end of each week of an
assignment (or at the end of the assignment where it is for a period of 1 week
or less or is completed before the end of a week) the 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 5.3 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 timesheet the
Employment Business shall, in a timely fashion, conduct further investigations
into the hours claimed by the Temporary Worker and the reasons that the Client
has refused to sign a timesheet in respect of those hours. This may delay any payment due to the
Temporary Worker. 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 she/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.
6.
REMUNERATION
6.1
The Employment Business shall pay to
the Temporary Worker the actual rate of pay which will be notified on a per
assignment basis.
6.2
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.
6.3
Where the Temporary Worker holds a
valid A1, E101 or E102 Certificate confirming coverage by a social security
scheme in a
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. 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 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
an assignment during the leave year.
7.4
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. The Temporary
Worker is responsible for ensuring that all paid annual leave is requested and
taken within the leave year.
7.5
Where a Temporary Worker wishes to take
paid leave during the course of an assignment, she/he should notify the Employment
Business of the dates of his/her intended absence giving notice of at least
twice the length of the period of leave she/he wishes to take. 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.
7.6
The amount of payment which the Temporary
Worker will receive in respect of periods of annual leave taken during the
course of an assignment will be calculated in accordance with and paid in
proportion to the number of hours which the Temporary Worker has worked on
assignment. Payments for annual leave
will be calculated on the basis of rates paid during the Client’s normal
working hours, i.e. those which do not attract overtime rates of pay.
7.7
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.
7.8
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 7.5, take a Bank Holiday or other Public Holiday as part of
his/her paid annual leave entitlement.
7.9
Where this contract is terminated by
either party and a P45 issued, the Temporary Worker shall be entitled to a
payment in lieu of any untaken leave where the amount of leave taken is less
than the amount accrued in accordance with clause 7.3 at the date of
termination.
7.10
For the avoidance of doubt, none of the
provisions of this clause shall affect the Temporary Worker’s status as a
self-employed worker.
8.
SICKNESS ABSENCE
8.1
The Temporary Worker may be eligible
for Statutory Sick Pay provided that she/he meets the relevant statutory
criteria.
8.2
The Temporary Worker is required to
provide the Employment Business with evidence of incapacity to work which may
be by way of a self-certificate for the first 7 days of incapacity and a
doctor’s certificate thereafter.
8.3
For the purposes of the Statutory Sick
Pay scheme there is one qualifying day per week during the course of an
assignment and that qualifying day shall be the Wednesday in every week.
8.4
In the event that the 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.
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 Confirmation of Temporary Assignment to
accommodate any conditions identified in the Statement or other similar medical
evidence as is appropriate.
9.
DATA PROTECTION AND DISCLOSURE OF INFORMATION
9.1
The Temporary Worker consents to the
Employment Business holding, processing and accessing
both electronically and manually such records and personal data including
sensitive personal data provided by the Temporary Worker to the Employment
Business and to the content of such records and data being disclosed to a third
party (including the Client) for the purposes permitted or required by the
General Data Protection Regulations (GDPR).
The Temporary Worker also consents to the transfer of personal data
to the Client or any potential Client or to third parties for administration
purposes and other purposes in connection with assignments and/or the search
for assignments.
9.2
The Employment Business agrees that it
will not disclose any confidential information about the Temporary Worker
without his/her prior consent unless it is:
9.2.1
to provide work-finding services for
the Temporary Worker in accordance with the terms of this agreement;
9.2.2
for the purposes of any legal
proceedings (including arbitration); or
9.2.3
in the case of a Temporary Worker who
is a member of a professional body, the provision of information to that
professional body;
9.3
Nothing in clause 10.2 shall preclude
the Employment Business from disclosing information about the Temporary Worker
where it is entitled to do so under the provisions of the Employment Agencies
Act 1973, the Conduct of Employment Agencies and Employment Business
Regulations 2003 (as amended), the Data
Protection Act 1998 or as it is otherwise entitled to do so by law.
10.
TERMINATION
10.1
Any of the Employment Business, the
Temporary Worker or the Client may terminate the Temporary Worker’s assignment
at any time without prior notice or liability.
10.2
The Temporary Worker acknowledges that
the continuation of an assignment is subject to and conditioned by the
continuation of the contract entered into between the Employment Business and
the 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 liability to
the Temporary Worker (save for payment for hours worked by the Temporary Worker
up to the date of termination of the assignment).
10.3
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 4.2) this will be
treated as termination of the assignment by the Temporary Worker in accordance
with clause 10.1, unless the Temporary Worker can show that exceptional
circumstances prevented him or her from complying with clause 4.2.
10.4
If the Temporary Worker is absent
during the course of an assignment and the assignment has not been otherwise
terminated under clauses 10.1 or 10.3 above, the Employment Business will be
entitled to terminate the assignment in accordance with clause 10.1 if the work
to which the Temporary Worker was assigned is no longer available.
10.5
If the Temporary Worker does not report
to the Employment Business to notify
his/her availability for work for a period of 3 weeks, the Employment Business will
forward his/her P45 to his/her last known address.
11.
INTELLECTUAL PROPERTY RIGHTS
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.
12.
CONFIDENTIALITY
12.1
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:
12.1.1
not at any time, whether during or
after an assignment (unless expressly so authorised 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;
12.1.2
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 (and all copies) which are in its possession
including documents and other materials created by him/her during the course of
the assignment; and
12.1.3
not at any time to make any copy,
abstract, summary or précis of the whole or any part of any document or other
materials 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;
13.
SEVERABILITY
If any
of the provisions of these terms shall be determined by any competent authority
to be unenforceable to any extent, such provision shall, to that extent, be
severed from the remaining terms, which shall continue to be valid to the
fullest extent permitted by applicable laws.
14.
NOTICES
All
notices which are required to be given in accordance with this agreement 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.
15.
GOVERNING LAW AND JURISDICTION
These
terms are governed by the law of
Signed by the
Temporary Worker _____________________________________________
Name
_____________________________________________
Date
______________________________________________