(TERMS OF ENGAGEMENT)

1. DEFINITIONS

1.1. In these Terms of Engagement, the following definitions apply: – “Assignment” means the period during which the Agency Worker is supplied to render services to the Hirer. “Hirer” means the person, company or corporate body requiring the services of the Agency Worker together with a subsidiary or associated company as defined by the Companies Act 1985.

“Employment Business” means We Care 24x7 LTD, 10 Everglades Avenue,
Waterlooville, Hampshire,PO8 8NA, United Kingdom “Agency Worker” means the person who has signed this Contract.

2. THE CONTRACT

2.1. These Terms constitute a contract for services between the Employment Business and the Agency Worker and they govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments.

2.2. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker or the Hirer and the Agency Worker. However, the Employment Business is required to make deductions from the Agency Worker’s pay. The Agency Worker is supplied as a worker, and the Employment business does not assure any fixed number of hours per week.

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

3. REMUNERATION

3.1. The Employment Business shall pay to the Agency Worker remuneration calculated at a minimum hourly rate of no less than that stipulated in the Statutory Minimum Wage. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment to be paid two 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 and any other deductions which the Employment Business may be required by law to make. 

3.2. Subject to any statutory entitlement under the relevant legislation, the Agency Worker is not entitled to receive payment from the Employment Business or Hirers for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

4 TIMESHEETS and COMMUTING

4.1 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 Agency Worker shall deliver to the Employment Business a completed time sheet indicating the number of hours worked during the preceding week and signed by an authorized representative of the Hirer. This time sheet should be received by the Employment Business no later than 12pm Monday of the week following that worked.

4.2 Where the Agency 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 Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not worked.

4.3. Time spent travelling to the Hirer’s premises; lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes.

5 TERMINATION

5.1 Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

5.2 The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

5.3 If the Agency Worker does not inform the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 5.1, unless the Agency Worker can show that exceptional circumstances prevented him or her.

5.4 If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated the Employment Business will be entitled to terminate the Assignment if the work to which the Agency Worker was assigned is no longer available.

 The Employment Business will not offer transportation to the Agency Workers. The Agency Worker is not entitled to receive payment from the Employment Business for any cost of transportation and it is the sole responsibility of the Agency Worker to arrange their own transportation.

5.5 If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 4 weeks, the Employment Business will forward his/her P45 to his/her last known address.

6 CONFIDENTIALITY

6.1 In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:

6.2 not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer 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 Hirer or the Employment Business with the exception of information already in the public domain;

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

6.4 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 Hirer 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 Hirer or the Employment Business as appropriate.

7 DATA PROTECTION

7.1 The Agency 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 Hirer to breach any Data Protection Laws.

7.2 The Agency Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Agency Worker to the Hirer (now or in the future), and the Hirer:

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

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

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