Terms Of Engagement for Agency Workers
1. DEFINITIONS AND INTERPRETATION
1.1.
In these Terms the following definitions apply:
“Actual Rate of
Pay”
means, unless and until the Agency Worker has completed the Qualifying Period, the rate of
pay which will be paid for each hour worked during an Assignment 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 Agency Worker if and when s/he completes the
Qualifying Period. Such rate will be paid for each hour worked during an Assignment weekly
in arrears, subject to Deductions and any
Agreed Deductions, as set out in any variation to the relevant Assignment Details Form;
“Agency
Worker”
means the person supplied by the Employment Business to provide
services to the Hirer;
“Agreed Deductions”
means any deductions the Agency Worker has agreed can be made from
their pay;
“Assignment”
means assignment services to be performed by the Agency Worker for the Hirer for a period of
time during which the Agency Worker is supplied by the Employment Business to work
temporarily for and under the supervision and
direction of the Hirer;
“Assignment Details
Form”
means written confirmation of the assignment details to be given to
the Agency Worker upon acceptance of the Assignment;
“AWR”
means the Agency Workers Regulations 2010
“Calendar
Week”
means any period of 7 days starting with the same day as the first
day of the First Assignment;
“Conduct
Regulations”
Means the Conduct of Employment Agencies and Employment Businesses
Regulations 2003
“Confidential
Information”
means any and all confidential commercial, financial, marketing, technical or other
information or data of whatever nature relating to the Hirer or Employment Business or their
business or affairs (including but not limited to
these Terms, 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, provided to the Agency Worker or any third party
in relation to the Assignment by the Hirer or the Employment Business or by a third party on
behalf of the 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;
“Control”
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; “Deductions”
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;
“Emoluments”
means any pay in addition to the Actual QP Rate of Pay;
“Employment
Business”
Hunterskill Recruitment Limited (registered company no. 05747715) of
245 Norwich Road, Ipswich, IP1 4BU;
“Engagement”
means the engagement (including the Agency Workers acceptance of the Hirer’s offer),
employment or use of the Agency Worker by the Hirer or any third party to whom the Agency
Worker has been introduced by the Hirer, on a
permanent or temporary basis, whether under a contract of service or for services, and/or
through a company of which the Agency 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;
“First
Assignment”
Means:
(a) the relevant Assignment; or
(b) if, prior to the relevant Assignment:
(i) the Agency Worker has worked in any assignment in the
same role with the relevant Hirer as the role in which the Agency
Worker works in the relevant Assignment; and
(ii) the relevant Qualifying Period commenced in any such
assignment,
“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 Agency Worker
is supplied or introduced;
“Hirer's
Group”
means (a) any individual, company, partnership, statutory body or other entity which from
time to time Controls the 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 Hirer, including (but not limited to) as a
subsidiary or holding company as defined in
section 1159 of the Companies Act 2006;
“Leave
Year”
means the period during which the Agency Worker accrues and may take statutory leave
commencing on the date that the Agency Worker starts an Assignment or a series of
Assignments and runs until the anniversary of that date;
“Hourly
Rate”
means an hourly rate equal to the National Living Wage or National Minimum Wage, as
appropriate, being the minimum rate of pay that the Employment Business reasonably expected
to achieve, for all hours worked by the Temporary
Worker.
“Period of Extended
Hire”
means any additional period that the Hirer wishes the Agency Worker to be
supplied for beyond the duration of the original Assignment or series of assignments as an
alternative to paying a Transfer Fee;
“Qualifying
Period”
means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is
supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily
for and under the supervision and direction of
the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;
“Relevant Period”
means the later of (a) the period of 8 weeks commencing on the day after the last day on
which the Agency Worker worked for the Hirer having been supplied by the Employment
Business; or (b) the period of 14 weeks commencing on
the first day on which the Agency Worker worked for the 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;
“Temporary Work
Agency” means as defined in the Schedule to
these Terms;
“Terms”
means these terms of engagement (including the attached schedule)
together with any applicable Assignment Details Form;
“Transfer
Fee”
means the fee payable by the Hirer to the Employment Business in accordance
with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations; “WTR” 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.
1.4. Any reference, express or implied, to an
enactment includes a reference to that enactment
as from time to time
amended, modified, extended, reenacted, replaced or applied by or
under any other enactment (whether before or after the date of these Terms) and all
subordinate legislation made (before or after these
Terms) under it from time to time.
2. THE CONTRACT
2.1
These Terms constitute the entire agreement between the Employment Business and the Agency
Worker for the supply of services to the Hirer and they shall govern all Assignments
undertaken by the Agency Worker. However, no
contract shall exist between the Employment Business and the Agency Worker between
Assignments. These Terms shall prevail over any other terms put forward by the Agency
Worker.
2.2.
During an Assignment the Agency Worker will be engaged on a contract for services by the
Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an
employee of the Employment Business although
the Employment Business is required to make the Deductions from the Agency Workers pay.
These Terms shall not give rise to a contract of employment between the Employment Business
and the Agency Worker, or the Agency Worker and
the Hirer. The Agency 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 Agency 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 Agency Worker and set out in
writing and a copy of the varied terms is given to the
Agency 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 (as amended) when introducing or supplying the Agency
Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1.
The Employment Business will endeavour to obtain an Assignment For the Agency Worker to
perform the agreed work. The Agency Worker shall not be obliged to accept any Assignment
offered by the Employment Business.
3.2
The Agency 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
Agency Worker should it fail to offer Assignments of the Type of Work
or any other work to the Agency Worker.
3.3
At the same time as an Assignment is offered to the Agency Worker the
Employment Business shall provide the Agency Worker with an Assignment Details Form setting
out the following:
3.3.1. the identity of the Hirer, 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 Agency
Worker would be required to work;
3.3.4. the Hourly Rate that will be paid and any expenses payable by
or to the Agency Worker;
3.3.5. any risks to health and safety known to the Hirer in relation
to the Assignment and the steps the Hirer has taken to prevent or control such risks;
and
3.3.6. what experience, training, qualifications and any authorisation required
by law or a professional body the 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:
3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which
the Agency Worker has previously been supplied within the previous 5 business days and such
information has already been given to the
Agency Worker and remains unchanged; or
3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business
days or less and such information has previously been given to the Agency Worker before and
remains unchanged, the Employment Business
needs only to provide written confirmation of the identity of the Hirer 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 business day period, the Employment Business shall provide such information
set out in clause 3.3 to the Agency 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 Agency
Worker on an Assignment for the purposes of the WTR, the start date for the relevant
averaging period shall be the date on which the Agency
Worker commences the first Assignment.
3.7.
If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage
the Agency Worker directly or through another employment business, the Agency Worker
acknowledges that the Employment Business will be
entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire
with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or
through another employment business without
further charge to the Hirer. In addition the Employment Business will be entitled to charge
a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party
(other than another employment business) who
subsequently Engages the Agency Worker, directly or indirectly, before or during an
Assignment or within the Relevant Period.
3.8.
If the Agency 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 Agency 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 AWR which are different and preferential to rights and
entitlements relating to the same under the WTR, 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).
4. AGENCY WORKERS OBLIGATIONS
4.1.
The Agency Worker is not obliged to accept any Assignment offered by the Employment Business
but if the Agency Worker does accept an Assignment, during every Assignment and afterwards
where appropriate, s/he will:
4.1.1. cooperate with the Hirer’s reasonable instructions and accept
the direction, supervision and control of any responsible person in the Hirer’s
organisation;
4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including
normal hours of work) to which attention has been drawn or which the Agency 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 Hirer;
4.1.4. not engage in any conduct detrimental to the interests of the Employment Business
and/ or Hirer which includes any conduct which could bring the Employment Business and/or
the Hirer into disrepute and/or which results in
the loss of custom or business by either the Employment Business or the 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
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 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 Hirer or the
Employment Business, return to the Hirer or where appropriate, to the Employment Business,
any Hirer property or items provided to the
Agency 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 Agency 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 Agency Worker undertakes to:
4.2.1. inform the Employment Business of any Calendar Weeks prior to the date of
commencement of the relevant Assignment and/or during the relevant Assignment in which the
Agency Worker has worked in the same or a similar role
with the relevant Hirer via any third party and which the Agency 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, s/he has prior to the date of commencement of the
relevant Assignment and/or during the relevant Assignment carried out work which could be
deemed to count toward the Qualifying Period
for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
4.2.3.1. completed two or more assignments with the Hirer;
4.2.3.2. completed at least one assignment with the Hirer and onemor
more earlier assignments with any member of the Hirer's Group; and/or
4.2.3.3. worked in more than two roles during an assignment with the
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 Agency Worker is unable for any reason to attend work during the course of an
Assignment s/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 Agency Worker should
alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4.
If, either before or during the course of an Assignment, the Agency 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.
4.5.
The Agency 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
Agency 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 Agency 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 Hirer.
5.2.
Subject to clause 5.3 the Employment Business shall pay the Agency
Worker for all hours worked regardless of whether the Employment Business has received
payment from the Hirer for those hours.
5.3.
Where the Agency 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 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.
5.4.
For the avoidance of doubt and for the purposes of the WTR, the Agency Workers working time
shall only consist of those periods during which s/he is carrying out activities or duties
for the Hirer as part of the Assignment. Time
spent travelling to the Hirer’s premises (apart from time spent travelling between two or
more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of
the Agency Workers working time for these
purposes. This clause 5.4 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 AWR.
6. PAY AND DEDUCTIONS
6.1.
The Employment Business shall pay to the Agency Worker the Actual Rate of Pay unless and
until the Agency 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.
6.2.
If the Agency 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
Agency Worker:
6.2.1. the Actual QP Rate of Pay; and
6.2.2. 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.
6.3.
Subject to any statutory entitlement under the relevant legislation referred to in clauses 7
(Annual leave) and 8 (Sickness absence) below and any other statutory entitlement, the
Agency Worker is not entitled to receive payment
from the Employment Business or the Hirer for time not spent on Assignment, whether in
respect of holidays, illness or absence for any other reason unless otherwise agreed.
6.4.
Subject to compliance with Regulation 12 of the Conduct Regulations the Employment Business
reserves the right in its absolute discretion to deduct from the Agency Workers pay any sums
which s/he may owe the Employment Business
including, without limitation, any overpayments or loans made to the Agency Worker by the
Employment Business or any losses suffered by the Employment Business as a result of his/her
negligence or breach of either the Employment
Business’s or the Hirer’s rules.
6.5.
If the Employment Business provides any equipment or clothing to the Agency Worker to be
used in the course of an Assignment with the Hirer, the Agency Worker must take reasonable
care of the equipment or clothing. Furthermore
the Agency Worker must return any equipment or clothing to the Employment Business upon
termination of the Terms or within 5 days of a request from the Employment Business. In the
event that the Agency Worker does not comply
with the obligations set out in this clause, the Employment Business reserves the right to
deduct the cost of replacement equipment or clothing from any sums owed to the Agency
Worker. The question of whether the Agency Worker
has taken reasonable care of the equipment or clothing will be solely assessed by the
Employment Business’s reasonable judgement.
7. ANNUAL LEAVE
7.1.
The Agency Worker is entitled to paid annual leave according to the statutory minimum as
provided by the WTR from time to time. The current statutory entitlement to paid annual
leave under the WTR is 5.6 weeks.
7.2.
Entitlement to payment for leave under clause 7.1 accrues in
proportion to the amount of time worked by the Agency Worker on Assignment during the Leave
Year.
7.3.
Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to
paid and/or unpaid annual leave in addition to the Agency Workers entitlement to paid annual
leave under the WTR and in accordance with
clauses 7.1 and 7.2. 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.
7.4.
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 Agency Worker is responsible for ensuring that
all paid annual leave is requested and taken within the Leave Year.
7.5.
If the Agency 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 Agency Worker to take paid annual leave at specific times or notify the Agency Worker of
periods when paid annual leave cannot be
taken. Where the Agency 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 Agency
Worker to postpone or reduce the amount of
leave that the Agency Worker wishes to take. In such circumstances the Employment Business
will inform the Agency 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.
Subject to clause 7.3, the amount of payment which the Agency 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 Agency Worker has worked on Assignment.
7.7.
Subject to clause 7.3, in the course of any Assignment during the first Leave Year, the
Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Workers
total holiday entitlement in each month of the
leave year.
A: Save where this clause is amended by the Assignment Details Form, where a bank holiday or
other public holiday falls during an Assignment and the Agency Worker does not work on that
day, then subject to the Agency Worker
having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 7.3
(if applicable), that day shall count as part of the Agency Workers paid annual leave
entitlement.
7.8.
Where these Terms is terminated by either party, the Agency Worker shall repay to the
Employment Business an amount in respect of any holiday periods taken in excess of the
holiday entitlement for that year and the Agency Worker
hereby authorises the Employment Business to take repayment of such monies by way of
deduction from any final payment owed to the Agency Worker.
8. SICKNESS ABSENCE
8.1.
The Agency Worker may be eligible for Statutory Sick Pay provided
that s/he meets the relevant statutory criteria.
8.2.
The Agency 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 Agency Worker submits a Statement of Fitness for Work (“the
Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject
to certain conditions, be fit to work/return to work,
the Employment Business will in its absolute discretion determine whether the Agency Worker
will be (a)placed in a new Assignment or (b) permitted to continue in an ongoingAssignment.
In making such determination the Employment
Business may consult with the Hirer and the Agency 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 Agency Workers placement in a new Assignment or continuation
in an ongoing Assignment may be subject to the Agency 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.
9. TERMINATION
9.1.
Any of the Employment Business, the Agency Worker or the Hirer may
terminate the Agency Workers Assignment at any time without prior notice or
liability.
9.2.
The Agency 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 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).
9.3.
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 (as required in clause 4.3) this
will be treated as termination of the Assignment
by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that
exceptional circumstances prevented him or her from complying with clause 4.3.
9.4.
If the Agency Worker is absent during the course of an Assignment and the Assignment has not
been otherwise terminated under clauses 9.1 or 9.3 above the Employment Business will be
entitled to terminate the Assignment in
accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer
available.
9.5.
If the Agency Worker does not report to the Employment Business to notify
his/her availability for work for a period of 2 weeks, the Employment Business will forward
his/her P45 to his/her last known address.
10. INTELLECTUAL PROPERTY RIGHTS
The Agency Worker acknowledges that all copyright, trademarks, patents and other
intellectual property rights deriving from services carried out by him/her for the Hirer
during the Assignment shall belong to the Hirer.
Accordingly the Agency Worker shall execute allsuch 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.
11. CONFIDENTIALITY
11.1.
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:
11.1.1. 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;
11.1.2. 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
11.1.3. 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 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.
12. DATA PROTECTION
12.1.
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.
12.2.
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:
12.2.1. processing his/her personal data for purposes connected with
the performance of the Assignment and pursuant to these Terms; and
12.2.2. exporting and/or processing his/her personal data in
jurisdictions outside the European Economic Area for purposes connected with the performance
of these Terms.
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 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,
including 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 [England & Wales/Scotland/
Northern Ireland] andare subject to the exclusive jurisdiction of the Courts of [England
& Wales/ Northern Ireland].
DECLARATION
Health & Safety Statement
Under the Health and Safety at Work Act 1974, Agency workers have a duty to take reasonable
care of their own health & safety and that of other people who may be affected by their
activities while at work.
Agency workers also have a duty to co-operate with our Client’s to enable them to
meet their health and safety responsibilities.
Nobody, including Agency workers, should interfere or misuse anything intended for use in
the interests of health & safety.
Agency workers must notify Hunterskill Recruitment of any changes in their circumstances
that could affect health & safety or any potential health & safety issues that may
arise during the course of the assignment.
Hunterskill Recruitment, as a recruitment agency will take all reasonable steps to ensure
your health & safety throughout your assignment with close liaison and co-operation with
our Client’s. However our
Client’s must provide all workers with a working environment that complies with
current health & safety regulations and have the same level of protection as the
Client’s Permanent employees.
By signing this application form you are agreeing that you have read and understood the
Health & Safety statement above. Our full Health & Safety Policy is available on our
website:
Hunterskill Recruitment are an equal opportunities employer – please read
carefully
I understand that Hunterskill Recruitment will consider me for Temporary or Permanent work.
I have received and accepted the Terms of Engagement for Agency Workers and I understand
that this is a Contract for Services.
Details of any assignment will be discussed on a pre-placement induction or on offer of
Assignment.
The hourly rate of pay expected for this work will equal or exceed National Minimum Wage or
National Living Wage as relevant to the Agency Workers age.In addition Statutory Holiday Pay
will be accrued on an hourly basis and
be paid for authorised leave during or at the end of an assignment.
I understand my rights under the Data Protection Act and permit Hunterskill Recruitment to
utilise all information provided at their sole discretion for work finding services.
I have received, read and understood the important Candidate Information found the
Hunterskill Employee Hand Book for Agency Workers which can be found on our website:
I certify that the information given herein is, to the best of my knowledge, true and
correct. If found to be false, I understand that this will invalidate this application or
any offer or contract based thereon.
Further copies of all documentations, including Contract for Services, can be found on our
website:
I understand that I will not be charged for work placements and confirm I have not paid any
monies to Hunterskill Recruitment or any company associated with Hunterskill Recruitment to
secure work placements in the UK. I
agree to inform Hunterskill Recruitment should I be offered work in exchange for money by
anyone associated or not by Hunterskill Recruitment.
I understand I may have to pay UK government agencies such as the Home Office to gain a
workers permit in the UK which I am required to pay a fee for, Hunterskill Recruitment may
apply for this on my behalf and request the
required fee.
Please note:
A copy of your contract is provided during the registration process; this will either be
emailed to you or a hard copy will be handed to you. This will be your opportunity to read
carefully through your terms and raise any
questions at the time of registration. You are welcome to take a copy of your contract (if
signed) away with you for your reference.
I confirm that I am not subject to any legal restraints which affect my ability to perform
my duties under this agreement.
Please confirm you have read and understood the terms of engagement and agree to abide by
these terms. The parties to the Agreement have read, understood and agree to be bound by its
terms.