Between ACD (Kent) Ltd (hereinafter called the ‘Agency’) and [ ] (hereinafter called the ‘Temporary Worker’)
(N.B. This agreement applies when the Employment Business is acting as an Agency)
DEFINITIONS
In these terms of engagement (‘Terms’) the following definitions apply : -
‘Assignment’ Means the period during which the Temporary Worker is engaged to render services to the Client
‘Client’ Means the person, firm or corporate body engaging the service of the Temporary Worker
‘Regulations’ Means the Working Time Regulations 1998
‘Working Week’ Means an average of 48 hours each week calculated over a 17 week reference period
References to the singular include the plural and references to the masculine include the feminine and vice versa
THE CONTRACT
1. These terms constitute a contract for services between the Agency and the Temporary Worker and they govern each and every Assignment undertaken by
the Temporary Worker. It is hereby agreed, however that no contract shall exist between the Agency and the Temporary Worker between assignments.
For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Agency and the Temporary Worker. No variation or alteration of these terms shall be valid unless approved by the Agency in writing.
2. The Agency will endeavour to obtain suitable Assignments for the Temporary Worker . For the avoidance of doubt, the Agency is under no obligation to provide suitable opportunities for work to the Temporary Worker and the Temporary Worker is under no obligation to accept any offers of suitable
opportunities provided by the Agency.
3. The Temporary Worker acknowledges that there may be periods when no suitable work is available for him and he agrees (a) that suitability shall be determined solely by the Agency and (b) that the agency shall incur no liability towards the Temporary Worker should it fail to offer opportunities for work.
4. The Regulations provide that a Temporary Worker shall not work on any assignment in excess of the working week unless he agrees in writing that this limit shall not apply to the Assignment. The Temporary Worker hereby agrees that the working week limit shall not apply to
any Assignment.
The Temporary Worker may withdraw the consent given by this clause by giving the Agency three months notice in writing. Upon the expiry of this notice period the Working Week limit shall apply with immediate effect.
5. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on any Assignment, the start date for the relevant
Averaging period under the Regulations shall be 1st October 1998 or the date on which the Temporary Worker commences the first assignment, if later.
6. Unless entitled pursuant to relevant legislation the Temporary Worker is not entitled to receive a payment from the Agency or its Clients for time not spent on Assignments whether in respect of illness or absence for any other reason. For the avoidance of doubt, time is deemed not to be spent on an Assignment where that time is spent travelling to or from the clients place of business, unless the client has previously agreed in writing its agreement to pay such travelling time.
In addition and for the avoidance of doubt, for the purposes of the Regulations the Temporary Workers working time shall only consist of those periods during which he is carrying out his activities or duties as part of any Assignment. Lunch breaks and other rest periods shall not count as part of the Temporary
Workers working time for these purpose
7. Under the Regulations, the Temporary Worker is entitled to 4.8 weeks paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. For the purposes of calculating entitlement to leave under this clause, the leave year commences on the 6th April -5th April
8. Entitlement to leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignments during the leave year. The amount of the payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of standard hours which he works on Assignments. For the purpose of calculating payments for annual leave the standard hours in relation to Assignments undertaken by the Temporary Worker will be all hours worked which do not attract overtime rates of pay.
9. Where the Temporary Worker wishes to take any leave to which he is entitled, he should notify the Agency in writing of the dates of his intended absence. The amount of notice of which the Temporary Worker is obliged to give should be at least twice the length of the period of leave which he wishes to take. Unless informed in writing by the Agency that it is not possible to take leave on the specified dates, the Temporary Worker shall be entitled to take his notified leave entitlement. Where a statutory holiday falls on a day during any assignment and the Temporary Worker does not work on that day, the statutory holiday shall be deemed included as part of the Temporary Workers paid leave entitlement. The Temporary Worker shall not be entitled to work whilst on paid leave.
10. None of the provisions of this clause regarding statutory leave shall affect the Temporary Workers status as a self-employed worker.
11. The Agency shall pay to the Temporary Worker a fee calculated on an hourly basis at a minimum rate of £6.50 for each hour actually worked on an Assignment. This fee is to be paid four weekly in arrears subject to statutory deductions in relation to PAYE and national insurance contributions and any other deductions required by law.
The Agency reserves the right at any time during, or in any event on termination of an Assignment to deduct from fees any overpayment made and/or monies owed to the Agency by the Temporary Worker including but not limited to any excess holiday and the cost of repairing any loss or damage to the Agencies property caused by the Temporary Worker.
12. The Temporary Worker is not obliged to accept any Assignment offered by the Agency but if he does so, during every Assignment and afterwards, as appropriate, he will:
a. Co-operate with the Client’s Staff and accept direction, supervision and instruction of any responsible person in the Clients organisation.
b. Observe any rules and regulations of the Clients establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain.
c. Unless arrangements have been made to the contrary, conform to the normal hours of work currently in force at the Client’s establishment.
d. Take all reasonable steps to safeguard his own safety and the safety of any other person who may be present or effected by his actions in relation to the Assignment and comply with the Clients health and safety policy.
e. Not engage in any conduct detrimental to the interest of the Client or the Agency
13. At the end of each Assignment (or at the end of the Assignment where an Assignment is for a period of less than one week or is completed before the end of a week) the Temporary Worker shall deliver to the Agency his time sheet duly completed to indicate the number of hours worked during the preceding week.
The said timesheet must be signed by an authorised representative of the Client. The Agency shall not be obliged to make any payment to the Temporary Worker unless a properly authenticated timesheet has been submitted.
The Agency or the Client may without notice and without liability terminate an Assignment at any time.
If the temporary worker is unable for any reason to work on an Assignment, he should inform the Agency as soon as possible but in any event no later than six hours before his due start time on the first day of absence to enable alternative arrangements to be made;
14. The Temporary Worker will not at any time, either during the continuance of this contract or any other time thereafter divulge to any person or use for his own or any other persons benefit, any confidential information in relation to the Clients or Agency’s employees, temporary workers, business affairs, transactions or finances.