Terms Of Engagement For Agency Workers
(Contract For Services)
Between Ultimate Workforce Ltd
And (The Agency Worker) As Detailed At Top Of Document
DEFINITIONS AND INTERPRETATIONS
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 (to the nearest quarter hour) weekly in arrears, subject to Deductions
and any Agreed Deduction, 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 (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 to be ducted 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 Ultimate workforce 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 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 Ultimate Workforce 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
Ultimate Workforce 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, and 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 Ultimate Workforce 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
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;
“Ultimate Workforce” means Ultimate Workforce Limited (registered company no: ) of 33 High Street, Downham
Market, PE38 9HF;
“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 partnership arrangement, or any other engagement, and “Engage”,
“Engages” and “Engaged” shall be
“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, 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 or corporate body (as the
case may be) to whom the Agency Worker is supplied or introduced;
“Hirer’s Group” means 9a) 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 £_____ being the minimum rate of pay (subject to Deductions) that Ultimate Workforce 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 the first
Monday of 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;
“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 Ultimate Workforce or 14 weeks commencing 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
“Transfer Fee” means the fee payable by the Hirer to Ultimate Workforce in accordance with clause 3.7 as permitted by
Regulation 10 of the Conduct Regulations;
“Type of Work” means _________________________________________; and
“Working Time Regulations” means the Working Time Regulations 1998
1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine
include the feminine and vice versa.
1.3. The headings contained in these terms are for the convenience only and do not affect their interpretation.
1.4. Any reference, express or implied to an 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 Ultimate Workforce 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 Ultimate Workforce 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 Ultimate Workforce on
these terms. For the avoidance of doubt, the Agency Worker is not an employee of Ultimate Workforce although
Ultimate Workforce is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise
to a contract of employment between Ultimate Workforce 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
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between
Ultimate Workforce 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. Ultimate Workforce shall act as an employment business (as defined in Section 13(3) of the Employment Agencies
Act 1973) when introducing or supplying the Agency Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. Ultimate Workforce 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 Ultimate Workforce.
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 Ultimate Workforce; and
3.2.2. Ultimate Workforce shall incur no liability to the Agency Worker should it fail to offer Assignments of
the Type of Work or any other work
3.3. At the same time as an Assignment is offered to the Agency Worker Ultimate Workforce 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 professional body the
Hirer considers necessary, or which are required by law to work on 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 five 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 five consecutive business days or less and
such information has previously been given to the Agency Worker before and remains unchanged. Ultimate
Workforce needs only to provide written confirmation of the identity of the Hirer and the likely duration of
3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended five consecutive
business day period, Ultimate Workforce shall provide such information set out in clause
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 Working Time Regulations, 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 Ultimate Workforce will be
entitled to either 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, Ultimate Workforce 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 considers that s/he has not or may not have received equal treatment under the Agency
Workers Regulations, the Agency Worker may raise this in writing with Ultimate Workforce setting out as fully as
possible the basis of his/her concerns.
4 TEMPORARY WORKER’S OBLIGATIONS
4.1. The Agency Worker is not obliged to accept any Assignment offered by Ultimate Workforce but if the Agency
Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:
4.1.1. co-operate 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
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 Ultimate Workforce and/or Hirer which
includes any conduct which could bring Ultimate Workforce into disrepute and/or which results in the loss of
custom or business by either Ultimate Workforce or the Hirer;
4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any
member of Ultimate Workforce’s or 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 Ultimate Workforce’s employees, business affairs,
transactions or finances;
4.1.7. on completion of the Assignment or at any time when requested by the Hirer or Ultimate Workforce,
return to the Hirer or where appropriate, to Ultimate Workforce, 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
4.2. If the Agency Worker accepts any Assignment offered by Ultimate Workforce, as soon as possible prior to the
commencement of each such Assignment and during each Assignment (as appropriate) and at any time at Ultimate
Workforce’s request, the Agency Worker undertakes to:
4.2.1 inform Ultimate Workforce of any Calendar Weeks between ___________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;
4.2.2 provide Ultimate Workforce with all the details of such work, including (without limitation) details of
where, when and the period during which such work was undertaken, and any other details requested by
Ultimate Workforce; and
4.2.3 inform Ultimate Workforce if, since_______________, s/he has prior to the date of commencement of the
relevant Assignment and/or during the relevant Assignment:
18.104.22.168 completed two or assignments with the Hirer;
22.214.171.124 completed at least one assignment with the Hirer and one or more earlier assignments with
any member of the Hirer’s Group; and/or
126.96.36.199 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 the Assignment s/he should
inform Ultimate Workforce within one hour of the commencement of the Assignment or shift. In the event that it is not
possible to inform Ultimate Workforce within these timescales, the Agency Worker should alternatively inform the
Hirer and then Ultimate Workforce 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 Ultimate Workforce without delay.
4.5. The Agency Worker acknowledges that any breach of his/her obligations set out in this clause may cause Ultimate
Workforce to suffer loss and that Ultimate Workforce reserves the right to cover such losses from the Agency Worker.
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 one week or less
or is completed before the end of a week) the Agency Worker shall deliver to Ultimate Workforce 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 Ultimate Workforce shall pay the Agency Worker for all hours worked regardless of whether
Ultimate Workforce has received payment from the Hirer for those hours.
5.3 Where the agency Worker fails to submit a properly authenticated timesheet Ultimate workforce shall, in a timely
fashion, conduct further investigations into the hours worked claimed by the agency Worker and the reasons that the
Hirer has refused to sign a timesheet in respect of these hours. This may delay any payment due to the Agency Worker.
Ultimate Workforce 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 Working Time Regulations, the Agency Worker’s working time
shall only consist of those periods during which s/he carrying out duties or activities 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’s), 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 Ultimate Workforce may make for the purpose of compliance
with the Agency Workers Regulations.
6.1. ULTIMATE WORKFORCE 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 day of the relevant Assignment or following
completion of the Qualifying Period during the relevant Assignment, Ultimate Workforce shall pay to the Agency
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 and 8 below, and any other
statutory entitlement, the Agency Worker is not entitled to receive payment from Ultimate Workforce or the Hirer for
time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise
7. ANNUAL LEAVE
7.1 The Agency Worker is entitled to paid annual leave according to the statutory minimum provided by the Working
Time Regulations from time to time unless entitled to more as a qualified worker under the Agency Workers Regulations.
The current statutory entitlement to paid annual leave under the Working Time Regulations 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. If the Agency Worker wishes to take paid leave during the course of an Assignment, she/he should notify Ultimate
Workforce of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that
she/he wishes to take. In certain circumstances Ultimate Workforce 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, Ultimate Workforce 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, Ultimate Workforce 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.
7.4. 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.
7.5. 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.
7.6. 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 the agency Worker may, upon giving the notice in
clause 7.4 take a Bank holiday or other Public holiday as part of his/her annual leave entitlement.
7.7. Where this contract is terminated by either party, the Agency Worker shall be paid entitlement to a payment in lieu
of any untaken leave where the mount of leave taken is less than the amount accrued in accordance with clause 7 at the
date of termination.
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 Ultimate Workforce with evidence of incapacity to work which may be
by way of a self-certificate for the first seven 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 __________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,
Ultimate Workforce 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, Ultimate Workforce
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 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.
9.1. Any of Ultimate Workforce, the Agency Worker or the Hirer may terminate the Agency Worker’s 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 in to between Ultimate Workforce and the Hirer. In the event that the contract
between Ultimate Workforce 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 the hours worked by the Agency Worker up to the
termination of the Assignment).
9.3. If the Agency Worker does not inform the Hirer or Ultimate Workforce 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 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, Ultimate Workforce 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 Ultimate Workforce to notify his/her availability for work for a period of
six weeks, Ultimate Workforce 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 all such documents and do all such acts as Ultimate Workforce shall from time to time
require in order to give effect to its rights pursuant to this clause.
11.1 In order to protect the confidentiality and trade secrets of any Hirer and Ultimate Workforce and without
prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees
11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or
Ultimate Workforce 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 Ultimate Workforce with the
exception of information already in the public domain.
11.1.2. to deliver up to the Hirer or Ultimate Workforce (as directed) at the end of each Assignment all
documents and other materials belonging to the Hirer (and all copies) which are in possession including
documents and other material created by him/her during the course of the Assignment; and
11.1.3. not at any time to make any copy, abstract or precis of the whole or any part of any document or other
material belonging to the Hirer or Ultimate Workforce 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
Ultimate Workforce or the Hirer to breach any Data Protection Laws.
12.2. The Agency Worker consents to Ultimate Workforce, any other intermediary involved in supplying the services of
the Agency worker to the Hirer (now or in the future), and the Hirer;
12.3 processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to
these Terms; and
12.4 exporting and/or processing his/her personal data in jurisdiction 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, shall 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.
15. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of
England & Wales.
SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY”
For the purpose of “Qualifying Period” in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer
count as continuous towards the Qualifying Period, where;
(a) The Agency Worker has started working during an assignment and there is a break, either between assignments or during an
assignment, when the Agency Worker is not working;
(b) The break is:
(i) For any reason and not more than six calendar weeks;
(ii) Wholly due to the fact 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
Ultimate Workforce the Agency Worker has provided such written medical evidence as may reasonably
(iii) Related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period
beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth
(being the birth of a living child or the birth of a child whether living or dead after 24 weeks of
pregnancy) or, if earlier, when the Agency Worker returns to work;
(iv) Wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency
Worker is otherwise entitled which is:
i. ordinary, compulsory or additional maternity leave;
ii. ordinary or additional adoption leave;
iii. ordinary or additional paternity leave;
iv. time off or other leave not listed in paragraphs (iv) I,ii,iii,to iv above;
v. for more than one of the reasons listed in paragraphs (iv) I,ii,iii,to iv above;
(v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being
summoned for service as a juror and the break is 28 Calendar Weeks or less;
(vi) wholly due to a temporary cessation in the Hirer’s requirement for any worker to be present at the
establishment and work in a particular role for a pre-determined period of time according to the
established custom and practices of the Hirer;
(vii) Wholly due to a strike, lock-out or other industrial action at the Hirer’s establishment; or
(viii) Wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii), and
(c) The Agency Worker returns to work in the same role with the Hirer,
Any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as
counting towards the qualifying Period with any weeks during which the Agency Worker 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 during an assignment
before_____________ 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 service 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 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.