CONTRACT FOR SERVICES FOR TEMPORARY WORKERS (PAYE)
1. DEFINITIONS
1.1 In this contract for services (“the Terms”) the following definitions apply: –
“Assignment” means the period during which the Temporary Worker is supplied to render services to the Client.
“AWR” means the Agency Workers Regulations 2010.
“Client” means the person, firm or corporate body requiring the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 2006.
“Confidential” means any and all confidential commercial, financial, marketing, Information” technical or other information or data of whatever nature relating to the Client or Employment Business or their business or affairs (including but not limited to these terms of engagement, 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 Temporary Worker.
“Data Protection” means (i) unless and until the General Data Protection Regulation (EU) Legislation” 2016/679 (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
“the Employment” means The ICM Group Ltd of 1 Waterside, Station Road, Business” Harpenden, Hertfordshire, England, AL5 4US, an employment business as defined by section 13(3) of the Employment Agencies Act 1973 (as amended).
“Enhanced Rate of means the rate of pay paid to the Temporary Worker following Pay” completion of the Qualifying Period with the Client. Such rate will be paid for each hour/day worked on an Assignment (to the nearest quarter hour/half day) to be paid weekly in arrears subject to deductions in respect of PAYE pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions or any other deductions the Employment Business is required to make by law.
“Personal Data” means the same as set out in the Data Protection Legislation in force at the time.
“Qualifying Period” means 12 continuous calendar weeks during the whole or part of which the Temporary Worker is supplied by one or more employment businesses to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client in the same role, and as further defined in regulation 7 of the AWR.
“Relevant Period” means either a period of 14 weeks from the commencement of an Assignment or 8 weeks from the last day of an Assignment. For the purposes of this definition a new Assignment begins where there has been a break of 42 days since the last Assignment or no previous Assignment.
“Special Category means information revealing racial or ethnic origin, political opinions, Data” religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.
“Temporary Worker” means the person, firm or corporate body introduced by the Employment Business to render services to the Client, where the Temporary Worker is a corporate body, the term “Temporary Worker” shall include any officer, employee or representative supplied to perform an Assignment.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. CONTRACT
2.1 These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. No contract shall exist between the Employment Business and the Temporary Worker between Assignments. These Terms are deemed to be accepted upon signature by the Temporary Worker or upon commencement of an Assignment by the Temporary Worker, whichever event is the earlier.
2.2 These Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker agrees that he is engaged as a self-employed worker. The Temporary Worker acknowledges that the Employment Business is required to make statutory deductions from the Temporary Worker’s remuneration in accordance with clause 4.1 below.
2.3 No variation to these Terms shall be valid unless agreed in writing between the Employment Business and the Temporary Worker. The details of any variation shall be notified to the other party as soon as reasonably practicable and such document shall state the date on or after which such varied terms shall apply.
3. TEMPORARY WORKER’S ASSIGNMENTS
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker. The Temporary Worker is not be obliged to accept an Assignment offered by the Employment Business. The nature of work that the Temporary Worker shall be required to perform under these Terms shall be Industrial/Admin
3.2 The Temporary Worker acknowledges that there may be periods when no suitable work is available and agrees the following: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Temporary Worker if does not offer opportunities to work; and that no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
3.3 When as an Assignment is offered to the Temporary Worker, the Employment Business agrees to inform the Temporary Worker of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the likely duration of the work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; any risks to health and safety known to the Client and the steps the Client has taken to prevent or control such risks; and the level of experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
3.4 If the Employment Business supplies the information above in a form other than on paper or electronically then it shall be confirmed on paper or electronically by no later than the end of the third business day (which excludes Saturdays, Sundays and any and all Bank, public or statutory holidays) thereafter except where the Temporary Worker is being offered an Assignment by the Employment Business which is in respect of the same position as one which the Temporary Worker has previously been supplied by the Employment Business within the previous five business days and where such information has already been provided to the Temporary Worker by the Employment Business and remains unchanged.
3.5 Where the Employment Business intends to introduce or supply a Temporary Worker to a Client for an Assignment of five consecutive business days or less and the Employment Business has previously provided the Temporary Worker with the information set out in sub-clause 3.3 and that information remains unchanged, the requirements set out in clause 3.3 will not apply save to confirm the identity of the Client and the commencement date of the Assignment.
3.6 Where an Assignment to which sub-clause 3.5 applies is extended beyond the duration of five business days, the balance of the information referred to in sub-clause 3.3 shall be provided in paper form or by electronic means by the end of the eighth business day from the start of the Assignment, or by the end of the Assignment if sooner.
3.7 Prior to the commencement of an Assignment, during any Assignment and at any time at the request of the Employment Business, the Temporary Worker undertakes to:
3.7.1 inform the Employment Business of any calendar weeks whereby the Temporary Worker has worked in a similar role with the same Client via a third party or another Temporary Work Agency prior to the start of the relevant Assignment and/or during the relevant Assignment with the Employment Business which the Temporary Worker believes may count towards the Qualifying Period;
3.7.2 provide the Employment Business in accordance with sub-clause 3.7.1 with all of the details
regarding the assignment, including but not limited to the start date, its duration and any other
information requested by the Employment Business;
3.7.3 prior to the commencement of a relevant Assignment or during a relevant Assignment inform the
Employment Business if the Temporary Worker has:
(a) undertaken two or more assignments with the Client; and/or
(b) worked in more than two roles with the Client during an assignment which were
different roles.
3.8 Where the Temporary Worker is required by law, or any professional body to have any qualification or authorisations to work in the position which the Client seeks to fill; or the work involves caring for or attending one of more persons under the age of 18 of any person who by reason of age, infirmity or who is otherwise in need of care or attention, the Temporary Worker will provide copies of all relevant qualification or authorisations required and two references from person not related to the Temporary Worker who have agreed that the reference they provide may be disclosed to the Client. The Temporary Worker may not commence the Assignment in question until such copies and references have been provided to the Employment Business.
3.9 To calculate the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations is the date on which the Temporary Worker starts the first Assignment.
3.10 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to:
3.10.1 employ the Temporary Worker or any representative direct; or
3.10.2 employ the Temporary Worker or any representative through another employment business; or
3.10.3 introduce the Temporary Worker to a third party who subsequently engages the TemporaryWorker;
the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client.
3.11 If the Temporary Worker completes the Qualifying Period on the start date of the relevant Assignment or during the relevant Assignment, and the Temporary Worker is entitled to terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the AWR which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations 1998, any such terms and conditions will be notified to the Temporary Worker in writing.
3.12 Following completion of the Qualifying Period, if the Temporary Worker considers that he/she has not or may not have received equal treatment under the AWR, the Temporary Worker may raise this in writing with the Employment Business setting out the full details and the basis of his/her concerns.
3.13 The Temporary Worker acknowledges that the Employment Business will be entitled to charge the Client an introduction fee where the Client engages the Temporary Worker within the Relevant Period or the Client introduces the Temporary Worker to a third party (other than another employment business) who subsequently engages the Temporary Worker within the Relevant Period. An introduction fee will not be payable in the circumstances where the Client agrees to extend the period of the Assignment for a specified period at the end of which the Temporary Worker may be engaged by the Client without further charge.
4. REMUNERATION
4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated at an hourly rate for all hours worked in accordance with the rate specified. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears. The remuneration rate shall not be less than the applicable national minimum wage per day/hour.
4.2 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Temporary Worker the Enhanced Rate of Pay, which will be notified to the Temporary Worker on a per Assignment basis in writing.
4.3 The Employment Business will make the payment referred to in clause 4.1 subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions and any other deductions as required by law.
4.4 If for any reason the Temporary Worker is paid in advance for an Assignment but the Temporary Worker does not undertake or complete the hours/days for which the Temporary Worker has been paid in advance, the Employment Business reserves the right to deduct any over-payment from future remuneration (including, for the avoidance of doubt, any payment due in lieu of untaken accrued paid leave) and the Temporary Worker agrees that the Temporary Worker will be personally liable to repay any balance due to the Employment Business immediately upon demand.
4.5 The Employment Business reserves the right to (and the Temporary Worker authorises the Employment Business to) deduct any debts the Temporary Worker owes the Employment Business from fees due to him/her.
4.6 Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed in writing with the Employment Business.
5. TIMESHEETS
5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker must deliver to the Employment Business a completed timesheet to indicate the number of hours worked during the preceding week (or such lesser period), which must be signed by an authorised representative of the Client.
5.2 Subject to clause 5.3, the Employment Business will pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours within 7 working days of the Employment Business receiving a properly authenticated timesheet detailed at clause 5.1 above.
5.3 If the Temporary Worker fails to submit a properly authenticated timesheet the Employment Business will conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client ha refused to sign a timesheet in respect of those hours. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.
5.4 For the purposes of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which he is carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises; lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes.
5.5 The Employment Business reserves its right to amend the verification process through the introduction of an online verification system, on providing reasonable notice to the Temporary Worker. In the event of the Employment Business making such an amendment, the Temporary Worker hereby agrees that online verification will be required as opposed to the current form of signature verification detailed at clause 5.1 above.
6. CONDUCT
6.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business. If the Temporary Worker chooses to accept any such Assignment, during every Assignment and afterwards where appropriate, he will: –
6.1.1 Cooperate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organisation;
6.1.2 Observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
6.1.3 Comply with all statutory or other reasonable rules or obligations including but not limited to those relating to health and safety during the Assignment to the extent that they are reasonably applicable to them while performing the services, and to take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Client;
6.1.4 Not engage in any conduct detrimental to the interests of the Employment Business or the Client which includes any conduct tending to bring the Employment Business or the Client into disrepute or which results in the loss of custom or business for either the Employment Business or the Client;
6.1.5 Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’s employees, business affairs, transactions or finances;
6.1.6 Provide the Client and/or the Employment Business with any progress reports as may be requested from time to time;
6.1.7 Provide the Client and/or the Employment Business with such evidence and verification of the experience, training, qualifications and authorisations required by law or by a professional body relating to the Temporary Worker as may be requested from time to time;
6.1.8 Use best endeavours to supply services in a professional manner and to a high standard at all times;
6.1.9 Provide at its cost, subject to any agreement to the contrary specified in the Details of Assignment as to any facilities which may be made available by the Client, all such necessary equipment as is reasonable for the adequate performance of the services.
6.2 If the Temporary Worker is unable for any reason to attend work during the course of an Assignment, he should
inform the Client and/or the Employment Business within one hour of the commencement of the Assignment or shift.
6.3 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.
7. ANNUAL LEAVE
7.1 Subject to Clause 7.2, the Temporary Worker is entitled to the equivalent of 5.6 weeks' paid holiday during each holiday year (including all bank holiday entitlements), calculated in accordance with and paid in proportion to the number of hours that the Temporary Worker has worked on an Assignment during the holiday year. The Employment Business' holiday year runs from the date of your first assignment. If an Assignment starts or finishes part way through the holiday year, the Temporary Worker's holiday entitlement during that year shall be calculated on a pro-rata basis.
7.2 On completion of the Qualifying Period, the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Worker's entitlement under clause 7.1. In those circumstances, the Employment Business will inform the Temporary Worker of any such entitlement, the date from which such entitlement will commence and how payment for such entitlement accrues.
7.3 All entitlement to annual leave must be taken during the course of the holiday year in which it accrues and no untaken holiday can be carried forward to the next holiday year.
7.4 The Temporary Worker should give at least one weeks’ notice of any annual leave of less than a total of 5 consecutive days, and four weeks' notice of any annual leave in excess of five consecutive days which must be agreed by their manager in writing in advance. The Employment Business may require the Temporary Worker to take holiday on specific days, as notified to the Temporary Worker.
7.5 Subject to clause 7.2, in the course of any Assignment during the first holiday year, the Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary Worker's total holiday entitlement in each month of the holiday year.
7.6 At the end of the Assignment the Temporary Worker shall be entitled to be paid in lieu of accrued but untaken holiday for the holiday year in which termination takes place.
7.7 If the Temporary Worker has taken more holiday than their accrued entitlement at the end of the Assignment, the
Employment Business shall be entitled to deduct the appropriate amount from any payments due to the
Temporary Worker.
8. SICKNESS ABSENCE
8.1 If the Temporary Worker is absent from work for any reason, they must notify their consultant at The ICM Group Ltd of the reason for their absence as soon as possible but no later than one hour before they are due to start work on the first day of absence.
8.2 If the Temporary Worker satisfies the qualifying conditions laid down by law, they may be entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of sickness or injury during the Assignment. The Temporary Worker will not be entitled to any other payments during such period.
8.3 In all cases of absence, a self-certification form, which is available from The ICM Group LTD, must be completed on the Temporary Worker's return to work and supplied to The ICM Group LTD. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more, a doctor's certificate (a "statement of fitness for work") stating the reason for absence must be obtained at the Temporary Worker's own cost and supplied to The ICM Group LTD. Further certificates must be obtained if the absence continues for longer than the period of the original certificate.
9. TERMINATION
9.1 The Employment Business or the Client may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.
9.2 Subject to any contrary period stated in the Details of Assignment, the Temporary Worker may terminate an Assignment without liability upon provision of one week’s prior written notice.
9.3 In the event that the Temporary Worker provides insufficient notice of termination of an Assignment in breach of the provisions of clause 9.2 or the Details of Assignment (as the case might be), the Employment Business (subject to clause 13.2) reserves its right to recover from the Temporary Worker any losses it sustains arising from the breach.
9.4 Unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 6.2, in the event of the Temporary Worker failing to notify the Client or the Employment Business in accordance with clause 6.2 should they be unable to attend work during the course of an assignment, this will be treated as termination of the assignment by the Temporary Worker.
9.5 If the Temporary Worker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 9.1, 9.2 or 9.4 above, the Employment Business may terminate the contract in accordance with clause 9.1 in the event that the work to which the absent worker was assigned being no longer available.
9.6 If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of three continuous weeks, the Employment Business will forward his P45 to his last known address.
10. CONFIDENTIALITY
10.1 The Temporary Worker agrees whether during or after an Assignment (without the prior consent of the Client or the Employment Business) not to disclose or make use of any trade secrets or Confidential Information of the Client or the Employment Business unless the information is already in the public domain.
10.2 The Temporary Worker must return to the Employment Business and/or the Client (whichever is applicable) forthwith on termination of the Assignment or at any time during the Assignment upon request by the Employment Business or the Client any Confidential Information which is in the Temporary Worker's possession or control in any format (whether prepared by the Temporary Worker or any other person and whether stored electronically on paper on audio or audio visual tape or otherwise). The Temporary Worker must not retain any copy or extract of such information in any format.
11. DATA PROTECTION
11.1 The Temporary Worker consents to the Employment Business and the Client holding and processing Personal Data relating to them for legal, personnel, administrative and management purposes and in particular to the processing of any Special Category Data as defined in the Data Protection Legislation relating to them.
11.2 The Temporary Worker consents to the Employment Business and the Client making such information available to those who provide products or services to the Employment Business such as advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Employment Business or any part of its business.
11.3 The Temporary Worker consents to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Terms.
12. INTELLECTUAL PROPERTY
12.1 The Temporary Worker acknowledges that all trademarks, copyright, patents and other intellectual property rights deriving from services carried out by him/her for the Client during the Assignment shall belong to the Client. Accordingly the Temporary 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 or its Client's rights pursuant to this clause.
13. LIABILITY
13.1 The Temporary Worker shall indemnify and keep indemnified the Employment Business and the Client against all demands (including legal and other professional fees and expenses) which the Employment Business or the Client may suffer, sustain, incur, pay or be put to arising from or in connection with:
13.1.1 any failure by the Temporary Worker to comply with its obligations under these Terms;
13.1.2 any negligent or fraudulent act or omission by the Temporary Worker;
13.1.3 the disclosure by the Temporary Worker of any Confidential Information;
13.1.4 any employment-related claim brought by the Temporary Worker in connection with the Assignment; or
13.1.5 the infringement by the Temporary Worker of the Client's intellectual property rights.
13.2 Nothing herein shall be deemed to exclude or restrict the Employment Business’ liability for death or personal injury resulting from its negligence.
14. LAW
14.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.