CONTRACT FOR SERVICES FOR TEMPORARY WORKERS
(TERMS OF ENGAGEMENT)
1.1 In these Terms the following definitions apply:
“Actual Rate of Pay”
means, unless and until the Temporary Worker has completed the Qualifying Period, 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 and any Agreed Deductions, as set out in the relevant Assignment Details Form;
“Actual QP Rate of Pay”
means the rate of pay which will be paid to the Temporary Worker if and when s/he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in any variation to the relevant Assignment Details Form;
means ………………………………………………………………………….…… supplied by the Employment Business to provide services to the Client Hirer;
“Agency Workers Regulations”
means the Agency Workers Regulations 2010;
means any deductions the Temporary Worker has agreed can be made from their pay;
means assignment services to be performed by the Temporary Worker for the Client Hirer for a period of time during which the Temporary Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Client Hirer;
“Assignment Details Form”
means written confirmation of the assignment details to be given to the Temporary Worker upon acceptance of the Assignment;
means any period of 7 days starting with the same day as the first day of the First Assignment;
means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
means any and all confidential office, financial, marketing, technical or other information or data of whatever nature relating to the Client Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programmes, 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, provided to the Temporary Worker or any third party in relation to the Assignment by the Client Hirer or the Employment Business or by a third party on behalf of the Client Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;
“Data Protection Laws”
means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;
means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
means any pay in addition to the Actual QP Rate of Pay;
Quality Personnel Services Limited (registered company no. 2297993) of 380 Silbury Court West, Silbury Boulevard, Central Milton Keynes, MK9 2AF;
means the engagement, employment or use of the Temporary Worker by the Client Hirer or any third party to whom the Temporary Worker has been introduced by the Client Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Temporary Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
(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 Hirer as the role in which the Temporary Worker works in the relevant Assignment; and
ii. the relevant Qualifying Period commenced in any such assignment,
that assignment (an assignment being (for the purpose 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 Hirer to work temporarily for and under the supervision and direction of the relevant Client Hirer);
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;
“Client Hirer's Group”
means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Client Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Client Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
means no less than the National Minimum Wage per hour being the minimum rate of pay (subject to Deductions) that the Employment Business reasonably expects to achieve, for all hours worked by the Temporary Worker;
means the period during which the Temporary Worker accrues and may take statutory leave which commences beginning of April and ends at the end of March (actual dates to be advised annually);
“Period of Extended Hire”
means any additional period that the Client Hirer 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;
means 12 continuous Calendar Weeks during the whole or part of which the Temporary Worker is supplied by one or more Temporary Work Agencies to the relevant Client Hirer to work temporarily for and under the supervision and direction of the relevant Client Hirer in the same role, and as further defined in the Schedule to these Terms;
means (a) the period of 8 weeks commencing on the day after the last day on which the Temporary Worker worked for the Client Hirer 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 Hirer 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;
means these terms of engagement (including the attached schedule) together with any applicable Assignment Details Form;
means the fee payable by the Client Hirer to the Employment Business in accordance with clause 3.6, as permitted by Regulation 10 of the Conduct Regulations;
“Type of Work”
means Office or Industrial or Technical temporary work; and
“Working Time Regulations”
means the Working Time Regulations 1998.
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 constitute the entire agreement between the Employment Business and the Temporary Worker for the supply of services to the Client Hirer 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 the 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 Hirer. 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 no later than 5 business days following the day on which the variation was made 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 Client Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as either an Office or Industrial or Technical Temporary. The Temporary Worker shall not be obliged to accept an 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 the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
3.3. At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client Hirer, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; and any risks to health and safety known to the Client Hirer and the steps the Client Hirer has taken to prevent or control such risks. In addition the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client Hirer considers necessary or which are required by law to work in the Assignment.
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 the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
3.5. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be on the date on which the Temporary Worker commences the first Assignment.
3.6. If, before or during an Assignment or during the Relevant Period, the Client Hirer 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 Hirer a Transfer Fee or to agree a Period of Extended Hire with the Client Hirer at the end of which the Temporary Worker may be engaged directly by the Client Hirer or through another employment business without further charge to the Client Hirer. In addition the Employment Business will be entitled to charge a Transfer Fee to the Client Hirer if the Client Hirer introduces the Temporary Worker to a third party (other than another employment business) who subsequently Engages the Temporary Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
3.7. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Temporary Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
3.8. If the Temporary Worker considers that s/he has not or may not have received equal treatment under the Agency Workers Regulations, the Temporary Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.
4. TEMPORARY WORKER’S OBLIGATIONS
4.1. The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if the Temporary Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:
4.1.1. co-operate with the Client Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client Hirer’s organisation;
4.1.2. observe any relevant rules and regulations of the Client Hirer’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 and Safety policies and procedures of the Client Hirer;
4.1.4. not engage in any conduct detrimental to the interests of the Employment Business and/or Client Hirer which includes any conduct which could bring the Employment Business and/or the Client Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Client Hirer;
4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Client Hirer's staff;
4.1.6. 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 Hirer’s or the Employment Business’ employees, business affairs, transactions or finances;
4.1.7 on completion of the Assignment or at any time when requested by the Client Hirer or the Employment Business, return to the Client Hirer or where appropriate, to the Employment Business, any Client Hirer 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:
4.2.1. 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 Hirer via any third party and which the Temporary Worker believes count or may count toward the Qualifying Period;
4.2.2. provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and
4.2.3. 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:
22.214.171.124. completed two or more assignments with the Client Hirer;
126.96.36.199 completed at least one assignment with the Client Hirer and one or more earlier assignments with any member of the Client Hirer's Group; and/or
188.8.131.52 worked in more than two roles during an assignment with the Client Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
4.3. If the Temporary Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business 1 hour prior to the commencement of the Assignment or shift.
4.4. If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
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. GRIEVANCE AND COMPLAINTS PROCEDURE
5.1 If you have any complaints or grievances relating to your assignment, you may seek redress orally or in writing, by, in the first instance, referring the matter to your consultant and the matter will be discussed informally.
5.2 If your grievance or complaint is not thereby resolved or if you consider that you have not been fairly treated or if you wish to raise your grievance in a formal manner then you must follow the procedure set out below.
5.3 The formal grievance procedure is as follows:-
5.3.1 The grievance should be raised in writing and delivered to your consultant. You must state what your grievance is and the basis for it. The Consultant will respond in writing within 30 days;
5.3.2 If you are still not happy with the decision that has been made then you may appeal to a Manager of the Employment Business;
5.3.3 Following the lodging of the appeal, the Employment Business will arrange for a meeting to be held with you at which you may be accompanied by a trade union representative or working colleague;
5.3.4 Where possible, the appeal meeting will be heard by a more senior level of manager than the person who dealt with the initial meetings;
5.3.5 The Employment Business will then respond to the grievance following that meeting as soon as is practicable, in writing;
5.3.6 At each grievance meeting, a record will be kept in summary form of the matters discussed and a copy of the record will be made available to the Temporary Worker.
5.4 In the event that a Temporary Worker wishes to raise a grievance after employment has ended or shortly before it has ended, the Temporary must still comply with clause 5.3.1 hereof and include the basis for the grievance. If after the Temporary has left the assignment both parties wish the matter to be dealt with by way of exchange of letters then this must be recorded in an agreement otherwise the standard grievance procedure set out above applies. If an agreement has been reached to deal with the matter in writing the Employment Business must send a copy of his response in writing to the Temporary Worker.
5.5 The location of any meeting will be at a place convenient to the parties.
5.6 The timing of the meeting will be such as is reasonable for both parties.
5.7 Unreasonable delay will be avoided.
5.8 The Employment Business supports and adopts the ACAS Code of Practice relating to this grievance procedure.
6.1 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 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 Client.
6.2 Subject to clause 6.1 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.
6.3 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.
6.4 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 s/he is carrying out activities or duties for the Client Hirer as part of the Assignment. Time spent travelling to the Client Hirer’s premises (apart from time spent travelling between two or more premises of the Client Hirer), lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes. This clause 6.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the Agency Workers Regulations.
7.1. The Employment Business shall pay to the Temporary Worker the Actual Rate of Pay unless and until the Temporary Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form.
7.2. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Temporary Worker:
7.2.1. the Actual QP Rate of Pay; and
7.2.2. the Emoluments (if any),
which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
7.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 9 and 10 below and any other statutory entitlement, the Temporary Worker is not entitled to receive payment from the Employment Business or the Client Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
7.4. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Temporary Worker may be entitled to receive a bonus. The Temporary Worker will comply with any requirements of the Employment Business and/or the Client Hirer 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 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 pay the bonus to the Temporary Worker.
Payment is made weekly in arrears by BACS – and will be in your Bank Account and available to draw after 12 noon on a Friday. If you do not have a Bank Account please speak to your Consultant. Your payslip will be sent to you electronically every week.
9. ANNUAL LEAVE
9.1. 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 under the Working Time Regulations is 28 days.
9.2. Entitlement to payment for leave under clause 9.1 accrues in proportion to the amount of time worked by the Temporary Worker on Assignment during the Leave Year.
9.3. Under the Agency Workers Regulations, on completion of the Qualifying Period the Temporary Worker may be entitled to paid annual leave in addition to the Temporary Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 9.1 and 9.2. 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 Form or any variation to the relevant Assignment Details Form.
9.4. All entitlement to leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, 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 which commences Monday 27th March 2017 to Sunday 1st April 2018.
9.5. If the Temporary Worker wishes to take paid leave during the course of an Assignment s/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 that s/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.
9.6. Subject to clause 9.3 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 on an average of the total pay received over the previous 12 weeks.
9.7. Subject to clause 9.3, 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.
9.8. Save where this clause is amended by the Assignment Details Form, where bank holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, then subject to the Temporary Worker having accrued entitlement to payment for leave in accordance with clause 9.2 or clause 9.3 (if applicable), the Temporary Worker may, upon giving the notice in clause 9.5, take a bank holiday or other public holiday as part of his / her paid annual leave entitlement.
9.9. Where this contract is terminated by either party, 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 9 at the date of termination.
10. SICKNESS ABSENCE
10.1. The Temporary Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.
10.2. 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.
10.3. For the purposes of the Statutory Sick Pay scheme the 1st 3 days of sickness, on normal days worked, are qualifying days and will not be paid. SSP will be paid from the 4th normal working day until a fitness to work statement is received.
10.4. 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 Hirer 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.
10.5. Where clause 10.4 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 Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
11.1. Any of the Employment Business, the Temporary Worker or the Client Hirer may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.
11.2. 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 Hirer. In the event that the contract between the Employment Business and the Client Hirer 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).
11.3. If the Temporary Worker does not inform the Client Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 11.1, unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
11.4. If the Temporary Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 11.1 or 11.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 11.1 if the work to which the Temporary Worker was assigned is no longer available.
11.5. If the Temporary 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.
12.1. In order to protect the confidentiality and trade secrets of any Client 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 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 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 Client Hirer or the Employment Business with the exception of information already in the public domain;
12.1.2. to deliver up to the Client Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Client 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
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 material belonging to the Client 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 Client Hirer or the Employment Business as appropriate.
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 Hirer 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 Hirer (now or in the future), and the Client Hirer:
13.2.1. processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and
13.2.2. exporting and/or processing his/her personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.
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.
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
These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.
17. SCHEDULE : “QUALIFYING PERIOD” and “TEMPORARY WORK AGENCY”
For the purpose of the definition of "Qualifying Period" in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:
a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;
b) the break is:
i) for any reason and not more than six Calendar Weeks;
ii) wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by the Employment Business, the Agency 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 Agency Worker returns to work;
iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency 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 Agency 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 Hirer'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 Hirer;
vii) wholly due to a strike, lock-out or other industrial action at the Hirer's establishment; or
viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
c) the Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer 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 Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of "Qualifying Period".
"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 hirers; 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 hirers.
Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency 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 hirers. For the purpose of this definition, a "hirer" 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.
18. 48 HOUR WORKING WEEK AGREEMENT
1.1 In this Agreement the following definitions apply:
“Assignment” The period during which the Temporary Worker is engaged to render services to the Client Hirer;
“Client Hirer” The person, firm or corporate body engaging the services of the Temporary Worker;
“Employment Business” means Quality Personnel Services Ltd (registered company no. 2297993) of 380 Silbury Court West, Silbury Boulevard, Central Milton Keynes, MK9 2AF;
“Temporary Worker” _______________________________________________
“Working Week” An average of 48 hours each week calculated over a 17-week reference period.
1.2 References to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in this Agreement are for convenience only and do not affect their interpretation.
2.1 The Working Time Regulations 1998 (as amended) provide that the Temporary Worker shall not work on an Assignment with the Client Hirer in excess of the Working Week unless s/he agrees in writing that this limit should not apply.
3.1 The Temporary Worker hereby agrees that the Working Week limit shall not apply to the Assignment.
4. Withdrawal of Consent
4.1 The Temporary Worker may end this Agreement by giving the Employment Business four (4) weeks’ notice in writing.
4.2 For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Temporary Worker of an Assignment with a Client Hirer.
4.3 Upon the expiry of the notice period set out in clause 4.1, the Working Week limit shall apply with immediate effect.
5. The Law
5.1 These Terms shall be governed and construed In accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.