CONTRACT FOR SERVICES FOR AGENCY WORKERS
Once you have submitted this form, you will be contacted separately to provide any required evidence for the job role.
Infusion Support Limited (Registered Company No. 2386774 whose registered office is at Infusion Support, Faverdale, Darlington, DL30PP (“Employment Business”).
The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker
YOUR CONSULTANT’S CONTACT DETAILS
Your Consultant’s name: Becky Wood
Tel: 01325 463544
AN EASY GUIDE TO WORKING FOR INFUSION SUPPORT
WHO ARE INFUSION SUPPORT?
Infusion is an Employment Business, supplying contract, temporary and permanent staff to various companies throughout the UK.
WHY DO COMPANIES USE A RECRUITMENT AGENCY?
For various reasons such as extra help during busy periods, to cover for sickness and holidays: to carry out special tasks when it isn’t practical for permanent staff to be removed from their usual duties, or just to provide a source of permanent staff.
WHAT CAN I EXPECT FROM INFUSION?
At Infusion we will endeavour to find you regular work in your chosen field. You will be paid for the actual hours worked at a pay rate agreed at the beginning of every contract. The rate may fluctuate depending on the hours worked and the skill level involved in the work, however it will no be les than the minimum pay rate quoted on your Terms of Engagement.
HOW MUCH NOTICE WILL I RECEIVE BEFORE GOING TO WORK?
Often you will receive very little notice however we will try to give you as much notice as possible. Companies often use temporary staff in an emergency situation therefore you must be able to go to work at short notice.
HOW LONG WILL EACH CONTRACT LAST?
When we advise you about a contract we will give you an idea of how long it is expected to last. This is a estimation only; companies use temporary staff to give them flexibility to alter their staffing levels on a weekly basis. Rest assured, however, that should a contract end we will endeavour to find you further work as soon as possible – keep in touch!
WHAT WILL HAPPEN AFTER I HAVE REGISTERED WITH INFUSION?
After registration, assuming your work references are of a good standard, and we consider you to be suitable to work for Infusion you will be considered for any temporary assignments from that time. If a suitable assignment should arise we will contact you by telephone and give details of the job, hours of work, company location and approximate length of contract. If you agree to do the work, we expect a commitment from you at that point. If you are unable to carry out the work for any reason please tell us immediately; we will call you again next time.
HOW LONG WILL I HAVE TO WAIT FOR WORK?
We have to react to the needs of our Clients and we would hope to give you work very quickly, but it is always advisable to contact the office daily and if a contract does arise you will be on the priority list.
WHAT WILL INFUSION EXPECT OF ME?
On registering with Infusion, we will explain in detail how we operate and what will be expected of you following registration, if you have any queries, or decide that temporary work is not for you, please contact us as soon as possible. If you don’t advise us otherwise, we will expect you to be flexible in the type of work you will do, as this will assist us in giving you work more regularly; if you are not enjoying an assignment you must contact our office in plenty of time in order that we can find a replacement for you.
If you have interviews, doctor/dentist appointment, etc., try to arrange them on a day when you will not be working, or alternatively before or after work, if this isn’t possible, you must give the client as much notice as possible if you are unable to attend work.
WILL I BE PAID THE SAME AS PERMANENT STAFF AT THE CLIENT COMPANY, INCLUDING OVERTIME?
What you must always remember is that you are working through Infusion, and you are contracted out to the Client Company on our behalf or through one of our payroll providers. You may, therefore, be paid more or less per hour than permanent members of staff. Overtime agreements normally reflect those paid by the client to permanent members of staff, though you should also check your overtime rates with Infusion to make sure.
WILL I PAY TAX AND NATIONAL INSURANCE?
Yes we will make the necessary statutory deductions from your weekly pay. If you do not provide us with a P45, we will ask you to sign a P46 (or P38 if you are a student). This will give you a temporary Week 1 tax code, which will prevent you from paying emergency tax. If you receive a P45 from a previous employer later on in the contract please forward this to us immediately and we will arrange to adjust your tax code accordingly.
HOW AND WHEN WILL I BE PAID?
You will be paid weekly in arrears directly into your bank or building society account via Faster Payment system. The payment normally clears by Friday lunchtime, however we only guarantee it will be paid by close of business on the Friday. You are paid only for the hours actually worked and it is your responsibility to ensure that any timesheet given to you is completed and signed by the Client, and returned to the Infusion office by no later than Monday 10.00am.
If your timesheet is later your payment may be delayed. Please note that instead of using a timesheet you may be required to sign in and out, or utilise a clock card system. You will be advised of appropriate system prior to commencing work with a Client Company.
WHILST WORKING ON A CONTRACT, HOW FLEXIBLE MUST I BE?
Before you go to any company, we will give you as much information as possible about what you will be expected to do. However, it may be that you are asked to carry out duties which have not previously been mentioned. You must be very flexible. This is in your interests. We expect you to carry out whatever task is asked of you, assuming it is not dangerous or a physical impossibility. The more flexible and adaptable you are, the more work we will be able to find you.
WHAT DO I NEED TO DO IF I HAVE TO ATTEND JURY SERVICE?
If you are called to Jury Service you will receive a form for loss of earnings from the Court, this should be sent to your Infusion branch who will arrange for this to be completed as appropriate. The form will then be returned to you for you to give to the court so you can receive payment for loss of earning directly from the Court. You will not receive payment from Infusion Support Ltd.
I AM CLAIMING STATE BENEFITS AT PRESENT, WHAT SHOULD I DO?
You must speak to you local benefits office immediately to ask for their advice.
WHAT SHOULD I DO IF I AM ILL?
Obviously, we don’t expect you to work if you are ill, however if the client is expecting you at work, it is essential that you advise us at least an hour before your start time that you are unable to attend work.
IF YOU NEED TO SPEAK TO INFUSION OUT OF OFFICE HOURS, (9.00AM – 5.00PM MONDAY-FRIDAY) WHAT CAN I DO?
You must call our out of office mobile. If no one answers please leave a message stipulating your name and the company you are currently working with. TEL: 07904 996688
WILL I BE OFFERED A PERMANENT JOB?
We cannot guarantee that your temporary work will lead to a permanent job, though it is possible. If you work hard, have a good attendance record and if a permanent position should arise with the company when you are working, you may be considered. If you have been working for Infusion for over 2 months, we may also be able to provide you with a work reference for future employers.
CONDUCT WHILST WORKING FOR Infusion Support Ltd
APPEARANCE – If you are provided with a uniform, it must be worn at all times and be kept clean and tidy. If you are wearing your own clothing it must be suitable and acceptable for the position carried out. Identity badges if provided must be worn at all times in a clearly visible position.
DRUGS AND ALCOHOL – Alcoholic drinks must not be brought onto or consumed on company premises. Drug taking, apart from prescribed medicines, the consumption of alcohol, or the use of other substances that effect performance of behaviour at work could result in dismissal.
SMOKING – It is illegal to smoke in all enclosed and substantially enclosed premises in the workplace, this includes company vehicles. All candidates are required to adhere to the no smoking law.
RELATIONS WITH COMPETITORS – All Infusion contract workers must be constantly aware when in contact with employees of competitors and suppliers, of the need to avoid (whether deliberately or inadvertently) revealing information which could be used by a competitor.
EQUAL OPPORTUNITIES STATEMENT
Infusion Support Ltd is committed to a policy of equal opportunities for all work seekers and shall adhere to such a policy at all times and will review on an on-going basis on all aspects of recruitment to avoid unlawful or undesirable discrimination. We will treat everyone equally irrespective of sex, sexual orientation, marital status, age, disability, race, colour, ethnic or national origin, religion, political beliefs or membership or non-membership of a Trade Union and we place an obligation upon all staff to respect and act in accordance with the policy.
Infusion Support Ltd shall not discriminate unlawfully when deciding which candidate / temporary worker is submitted for a vacancy or assignment, or in any terms of employment or terms of engagement for temporary workers. Infusion Support Ltd will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualification and ability to perform the relevant duties required by the particular vacancy.
PERMISSION TO WORK IN THE U.K
As an Employment Business we have a responsibility to ensure that any person provided with temporary work is eligible to work in the U.K. In line with the Border & Immigration Agency (BIA) guidance on the prevention of illegal working you will be required to provide documents in respect of your identity and right to work. We are required to take a copy of your original ID documentation and any appropriate VISA for our records.
Documents acceptable to establish your identity and right to work are:
- A Valid Passport, for Identity
- VISA / Work Permit / Residence Permit, for the right to work in the UK.
If you are unable to provide a passport then the following should be provided:
- A full U.K. Birth Certificate, showing details of parent/s
- PLUS proof of your National Insurance number (i.e. a NI card, P45 or P60 or a Job Centre letter)
GENERAL INFORMATION COVERING HEALTH & SAFETY
(Inc., The Health & Safety At Work Act 1974 – Section 7 & 8 imposes duties on EVERYONE)
- To take reasonable care for the Health & Safety of themselves and other persons who may be affected by their acts or omissions.
- To co-operate in ensuring the Client’s policy on Health & Safety is observed and that all statutory requirements are fully complied with.
- You must undertake all duties as instructed and never deviate.
- Watch notice boards for company statements on general policy, Health & Safety information, Health & Safety Statutory Regulations and Procedures.
- You must not operate any item of equipment unless trained, and authorised to do so.
- You must not remove any guarding from equipment used or deviate from your authorised usage of the equipment.
- You must report immediately any equipment defects, hazards or faults to your supervisor or safety representative and never attempt repair.
- You must undertake all duties as instructed and never deviate.
Hazard/Warning Signs & Notices
- You must comply with all hazard/warning signs and notices displayed on the premises.
- You must make proper use of all equipment and facilities provided to control working conditions/environment.
- You must ensure you keep your work areas clear/tidy.
- You must dispose of waste/scrap in the appropriate receptacles.
Protective Clothing & Equipment
- You must wear protective equipment where required.
- You must see the first-aider for any injury you may receive, irrespective of how minor, and ensure details are entered into the accident book.
- You must report any incident in which damage is caused to property.
- You must report any medical condition that could affect the safety of yourself or others.
- You must not become involved with horseplay, or practical jokes.
- Familiarise yourself with FIRE EXITS, ensure that you never obstruct any fire escape route, fire equipment or doors
- In the event of a fire, sound the fire alarm and follow the fire procedure instructions, which will normally be clearly displayed on the client’s notice boards.
- You must follow all rules pertaining to no smoking areas.
REMEMBER – SAFETY IS EVERYONE’S BUSINESS
- DEFINITIONS AND INTERPRETATION
- 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 (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 Agency Worker if and when they complete 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;
“Agency Workers Regulations” means the Agency Workers Regulations 2010;
“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;
“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;
“Engagement” means the engagement, 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:
- the relevant Assignment; or
- if, prior to the relevant Assignment:
- 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
- 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 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);
“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;
“Hourly Rate” means the National Minimum Wage in force at any time being the minimum rate of pay (subject to Deductions) that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;
“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave commencing on 1st January and runs until the anniversary of that date;
“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;
“Pension Data” means details of whether you have opted-in, are enrolled and/or are contributing to a pension scheme together with the level of any contribution you make, the name of the pension scheme and the level of any contribution the Employment Business makes to a pension scheme on your behalf, which shall include details of any past contributions (where applicable) made by you and the Employment Business and any current contributions by way of payslips;
“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 (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;
“Working Time Regulations” means the Working Time Regulations 1998.
- Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
- The headings contained in these Terms are for convenience only and do not affect their interpretation.
- Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, 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.
- THE CONTRACT
- 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.
- 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 Worker’s 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.
- Acceptance of or commencement of an Assignment by the Agency Worker is deemed to indicate acceptance of these Terms. 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.
- 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.
- ASSIGNMENTS AND INFORMATION TO BE PROVIDED
- The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.
- 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:
- the suitability of the work to be offered shall be determined solely by the Employment Business; and
- 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.
- 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:
- the identity of the Hirer, and if applicable the nature of their business;
- the date the Assignment is to commence and the duration or likely duration of Assignment;
- the Type of Work, location and hours during which the Agency Worker would be required to work;
- the Hourly Rate that will be paid and any pre-agreed expenses payable by or to the Agency Worker;
- 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
- 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.
- 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 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
- 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.
- 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.
- For the purpose of calculating the average number of weekly hours worked by the Agency 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 Agency Worker commences the first Assignment.
- 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.
- 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 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).
- If the Agency Worker considers that they have not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.
- TEMPORARY WORKER’S OBLIGATIONS
- 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, the Agency Worker will:
- co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
- 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;
- 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;
- not engage in any conduct detrimental to the interests of the Employment Business and/or the 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;
- not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’ or the Hirer’s staff;
- 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;
- 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.
- 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:
- 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 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;
- 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
- inform the Employment Business if, since 1 October 2011, the Agency Worker has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
- completed two or more assignments with the Hirer;
- completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer’s Group; and/or
- 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.
- If the Agency Worker is unable for any reason to attend work during the course of an Assignment the Agency Worker 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.
- If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why the Agency Worker may not be suitable for an Assignment, the Agency Worker shall notify the Employment Business without delay.
- The Agency Worker acknowledges that any breach of his/her obligations set out in this clause 4 may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.
- 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, the Agency Worker will:
- 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 by the Monday following the week of completion of assignment to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
- For the avoidance of doubt any timesheet submitted after the day stated in 5.1 will be retrospectively applied and processed in the tax week as if the timesheet had been submitted on time. for the purpose of National Insurance and tax; for the purpose of pension contributions the timesheet will be processed in the week actually submitted.
- Subject to clause 5.4 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.
- 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 in which case clause 5.2 may apply. The Employment Business shall make no payment to the Agency Worker for hours not worked.
- For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which the Agency Worker 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 Worker’s 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 Agency Workers Regulations.
- 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.
- 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:
- the Actual Qualifying Period Rate of Pay; and
- 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.
- Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 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.
- 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 Agency Worker may be entitled to receive a bonus. The Agency Worker will comply with any requirements of the Employment Business and/or the Hirer relating to the assessment of the Agency Worker’s performance for the purpose of determining whether or not the Agency Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Agency Worker is entitled to receive a bonus, the Employment Business will pay the bonus to the Agency Worker.
- ANNUAL LEAVE
- The Agency 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 5.6 weeks.
- Entitlement to payment for leave under clause 1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year.
- Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker’s entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 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.
- 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.
- If the Agency Worker wishes to take paid leave during the course of an Assignment the Agency Worker 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 the Agency Worker 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.
- Subject to clause 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.
- Subject to clause 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 Worker’s total holiday entitlement in each month of the leave year.
- 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 2 or clause 7.3 (if applicable), that day shall count as part of the Agency Worker’s paid annual leave entitlement.
- Where this contract is terminated by either party, the Agency 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 at the date of termination.
- SICKNESS ABSENCE
- The Agency Worker may be eligible for Statutory Sick Pay provided that the relevant statutory criteria is met.
- 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.
- 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. In the event that the Agency Worker is eligible to receive SSP, payment will only be made for the remainder of the current assignment that the Agency Worker is unable to complete due to sickness.
- 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 ongoing Assignment. 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.
- Where clause 8.4 applies, the Agency Worker’s 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.
- 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.
- 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).
- 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.
- 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.
- If the Agency 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.
- 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 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.
- 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:
- 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;
- 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/or the Employment Business (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
- 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 and/or the Employment Business except when required to do so in the course of the Agency Worker’s duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.
- data protection
- The Agency Worker warrants that in relation to these Terms, the Agency Worker 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.
- 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 or any potential hirer:
- processing his/her personal data which shall include Pension Data for purposes connected with the performance of the Assignment or any potential assignment and pursuant to these Terms;
- including his/her personal data on a computerised database and transferring his/her personal details to Hirers. Checking his/her personal data, with third parties or with other information held by the Employment Business. Passing his/her personal data to third parties to prevent or detect crime, to protect public funds, or in any other way permitted or required by law; and
- 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.
- GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
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:
- 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;
- the break is:
- for any reason and not more than six Calendar Weeks;
- 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;
- 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;
- wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:
- ordinary, compulsory or additional maternity leave;
- ordinary or additional adoption leave;
- ordinary or additional paternity leave;
- time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or
- for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;
- 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;
- 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;
- wholly due to a strike, lock-out or other industrial action at the Hirer’s establishment; or
- wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
- 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.
WORKING TIME REGULATIONS – 48 HOUR OPT OUT AGREEMENT
Between Infusion Support Ltd (hereinafter called The Employment Business) and the Agency Worker.
1.1 In this agreement the following definitions apply:
‘the Client’ means the person, firm or corporate body requiring the services of The Temporary Worker;
‘the Assignment’ means the period during which The Temporary Work is engaged to render services;
‘the Working Week’ means an average 48 hours (not including meal breaks, rest periods and periods of travelling to and from work) each week calculated over a 17 Week Reference Period, which will commence with The Temporary Worker’s First Assignment. The limit on 8 hours for night time work in a 24 hour period can not be removed by this agreement;
’17 Week Reference Period’ means the last 17 weeks actually worked excluding periods of paid leave;
‘the First Assignment’ means the first Assignment to be undertaken by The Temporary Worker, on behalf of The Employment Business, or the first Assignment undertaken by The Temporary Worker, following a break of seven days or more in continuous work other than as a direct result of paid leave in accordance with the Working Time Regulations, irrespective of whether Assignments have been undertaken previously on behalf of the Employment Business;
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 these Terms are for convenience only and do not affect their interpretation.
2.1 The Working Time Regulations 1988 provide that The Temporary Worker shall not work on an Assignment with a Client in excess of the Working Week unless he agrees in writing that this limit should not apply.
- Consent to Opt-Out
3.1 The Temporary Worker intends to opt out of the Working Time Regulations and agrees that the Working Week limit shall not apply to any Assignment.
4 Withdrawal of Consent
4.1 The Temporary Worker may end this Agreement by giving the Employment Business at least four weeks notice in writing.
4.2 For the avoidance of doubt, any notice bringing this Agreement to an end shall not be considered as termination by the Temporary Worker of an Assignment with a Client.
4.3 Upon expiry of the notice period set out in Clause 4 the working week limit shall apply with immediate effect.
5.1 These terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
DATA PROTECTION STATEMENT
The information that you have provided on any CV given will be used by Infusion Support Ltd to provide you work finding services. In providing this service to you, you consent to your personal data being included on a computerised database and consent to us transferring your personal details to our clients. We may check the information collected, with third parties or with other information held by us. We may also use or pass to certain third parties information to present or detect crime, to protect public funds, or in other way permitted or required by law.