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Chef Terms & Conditions

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1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms the following definitions apply:

“Actual Rate of Pay”means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, 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,
as set out in any variation to the relevant Assignment
Details Form;
“Agency Worker”means the individual agreeing to these terms and
according to being supplied by the Employment Business
to provide services to the Hirer. The application will refer
to the agency term worker.
“Application” Means the application developed, owned and operated by
the employment business, either by the website
(www.talentbase.uk) or the retrospective IOS and
Android applications;
“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; The application
will refer to an assignment using the term “Job”
“Assignment Details Form”means written confirmation of the assignment details to
be given to the Agency Worker upon acceptance of the
Assignment via the “Job” section of the application.
“AWR Rating”Shall have the meaning given to it in clause 4.6. Note that
the Application will refer to “Talentbase rating” rather
than using “AW Rating”:
“AWR”means the Agency Workers Regulations 2010
“Checks”Checks will be carried out in accordance with the policies
and practice from time to time or on behalf of the
employment business to check the agency workers
identity, age, eligibility to work in the UK.
“Calendar Week”Means any week commencing on Monday and ending on
the immediate Sunday;
“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 2018, the General Data
Protection Regulation (EU 2016/679) and any applicable
statutory or regulatory provisions in force from time to
time relating to the protection and transfer of personal
data
“Dedicated Worker”means an Agency Worker who has accepted a request from,
or on behalf of, a Hirer or multiple Hirers to activate the
status of “Dedicated Worker” and who remains at the
relevant time a Dedicated worker for at least one Hirer:
“Deductions”means any deductions which the Employment Business
may be required by law to make and, in particular, in
respect of PAYE pursuant to Sections 44-47 of the Income
Tax (Earnings and Pensions) Act 2003 and Class 1
National Insurance Contributions;
“Emoluments”means any pay in addition to the Actual QP Rate of Pay;
“Employment Business”Talentbase Group Limited (registered company no.
13949340) of Stone house, 12 High Street, Chalfont St
Giles, HP8 4QA
“Engagement”means the engagement (including the Agency Workers
acceptance of the Hirer’s offer), employment or use of the
Agency Worker by the Hirer or any third party to whom
the Agency Worker has been introduced by the Hirer, on a
permanent or temporary basis, whether under a contract
of service or for services, and/or through a company of
which the Agency Worker is an officer, employee or other
representative, an agency, licence, franchise or
partnership arrangement, or any other engagement; and
“Engage”, “Engages” and “Engaged” shall be construed
accordingly
“First Assignment”means:
  • a) the relevant Assignment; or
  • b) if, prior to the relevant Assignment:
    • i.the Agency Worker has worked in any assignment in the same role with the relevant
      Hirer as the role in which the Agency Worker
      works in the relevant Assignment; and
    • i.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; The Application will refer to a Hirer using the term "Employer". Notwithstanding the foregoing, please note that as a matter of law neither the Hirer nor the Employment Business will"employ" Agency Workers. Rather, during Assignments the Agency Worker will be engaged by the Employment Business as a worker on a contract for services (not a contract of employment), and his or her services will be supplied by the Employment Business to the Hirer (or "Employer"). No contract of employment, contract for services, will exist between the Agency Worker and the Hirer (or "Employer"). For completeness, between Assignments no contract for services shall exist between the Agency Worker and the Employment Business;
    “Hirer Rating”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; The Application will refer to a
    Hirer using the term "Employer". Notwithstanding the
    foregoing, please note that as a matter of law neither the
    Hirer nor the Employment Business will"employ" Agency
    Workers. Rather, during Assignments the Agency Worker
    will be engaged by the Employment Business as a worker
    on a contract for services (not a contract of employment),
    and his or her services will be supplied by the
    Employment Business to the Hirer (or "Employer"). No
    contract of employment, contract for services, will exist between the Agency Worker and the Hirer (or
    "Employer"). For completeness, between Assignments no
    contract for services shall exist between the Agency
    Worker and the Employment Business;
    "Hirer's Group"“Hirer Rating” Shall have the meaning given to it in 4.6.
    Note that the application will refer to “employer rating”
    rather than using hiring rating”;
    “Hourly Rate” means the lowest rate of national minimum wage or,
    where applicable, the national living wage (but not, for
    the avoidance of doubt, the living wage set by the Living
    Wage Foundation) applicable to the agency workers from
    time to time, being the minimum gross rate of pay 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 1st
    January each year 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 the later of (a) the period of 8 weeks commencing
    on the day after the last day on which the Agency Worker
    worked for the Hirer having been supplied by the
    Employment Business; or (b) the period of 14 weeks
    commencing on the first day on which the Agency Worker
    worked for the Hirer having been supplied by
    Employment Business or 14 weeks from the first day of
    the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous
    assignment;
    “Temporary Work Agency”means as defined in the Schedule to these Terms;
    “Terms”means these terms of engagement (including the attached
    schedule) together with any applicable Assignment
    Details Form;
    “Transfer Fee”means the fee payable by the Hirer to the Employment
    Business in accordance with clause 3.7, as permitted by
    Regulation 10 of the Conduct Regulations;
    “Timesheet”Means a document generated by the agency worker from
    the application showing recorded hours worked in
    writing during all parts of an assignment (as applicable);
    “WTR”means the Working Time Regulations 1998
    • 1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
    • 1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
    • 1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, reenacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

    THE CONTRACT

    • 2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. The contract between the parties starts on the first day of the First Assignment under these Terms however, no contract shall exist between the Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.
    • 2.2. During an Assignment the Employment Business will engage the Agency Worker on a contract for services on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Workers pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
    • 2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.
    • 2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) (as amended) when introducing or supplying the Agency Worker for Assignments with its Hirers.

    3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

    • 3.1. The Employment Business will endeavour to obtain 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.
    • 3.1.2. The nature of temporary work means that there may be periods where suitable work is not available. The Employment Business uses a largely automated matching process through the Application to provide details of agency workers to Hirers who have expressed interest in an Assignment. The Hirer selects the agency worker(s) to whom the Assignment will be offered. If the Agency Worker becomes a Dedicated Worker for a Hirer, they will only be notified of potential Assignments with that Hirer. Hirers can choose to receive expressions of interest from both Dedicated Workers and other agency workers, or from Dedicated Workers only. Dedicated Workers can deactivate their status with one or more Hirers at any time, and Hirers can deactivate Dedicated Worker status with any Dedicated Worker at any time. Dedicated Workers will be notified of any deactivation by the Hirer.

      Activation or deactivation of Dedicated Worker status will occur promptly after notification is received by the Employment Business via the Application. If an Agency Worker declines or stops being a Dedicated Worker, they will still receive notifications for potential suitable Assignments, including with the Hirer with whom they were previously a Dedicated Worker or with whom they received a request to become one. This is subject to the other Terms outlined in the agreement.
    • 3.1.3 The Agency Worker hereby warrants that:
    • a) All data they enter into the Application is true, accurate, and not misleading.
    • b) They will respond to data requests promptly, and within any specified timeframes in these Terms.
    • c) They will only create "Job Profiles" in the Application if they have the necessary experience, training, qualifications, and authorizations required by law, and acknowledge that the Employment Business has sole discretion over whether they are able to create and maintain certain "Job Profiles".
    • d) They will only express interest in Assignments if they have the required experience, training, qualifications, and authorizations specified by law or professional bodies to work on the assignment.
    • 3.1.4 The Employment Business is not responsible for the Hirer's selection of agency workers for Assignments, or for any requests for Dedicated Worker status (other than providing access to the Application). The Employment Business does not accept liability or provide any warranty or guarantee that the Agency Worker will be selected for Assignments or receive requests to become a Dedicated Worker from Hirers.
    • 3.1.5 As a condition of these Terms and use of the Application, the Agency Worker agrees that the Employment Business and Application may use, and provide to Hirers, data provided by the Agency Worker (including personal and sensitive personal data) to improve the matching and Hirer selection processes. This ensures that the Agency Worker is only offered Assignments that fit their profile criteria, including Dedicated Worker status. However, the Agency Worker is not obligated to accept any Assignment or Dedicated Worker status offered by a Hirer. This ongoing agreement also complies with Data Protection Laws.
    • 3.1.6 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:
    • 3.1.7 The suitability of the work to be offered shall be determined solely by theEmployment Business; and
    • 3.1.8 The Employment Business shall incur no liability to the Agency Worker should the Agency Worker fail to be offered Assignments by Hirers; and
    • 3.1.9The Agency Worker agrees that the Employment Business will not communicate to a Hirer interest expressed by an Agency Worker in an Assignment until such time as the Agency Worker has: (i) provided to the Employment Business any information and documentation required by it in connection with the Checks; (li) passed the Checks to the satisfaction of the Employment Business (in its sole and absolute discretion); and (ili) unless the Agency Worker has attained 18 years of age (necessary in order to safeguard the rights and health and safety of individuals below that age as the Employment Business is unable ensure full compliance with all applicable laws and regulations relating to the engagement by Hirers of individuals via the Employment Business below the age of 18).
    • 3.2. 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 sent electronically setting out the following:
    • For the purposes of the Conduct Regulations:
    • 3.2.1. The identity of the Hirer, and if applicable the nature of their business;
    • 3.2.2. The date the Assignment is to commence and the duration or likely duration of Assignment;
    • 3.2.3. The Type of Work, location and details of hours during which the Agency Worker would be required to work;
    • 3.2.4. The Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker;
    • 3.2.5. 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
    • 3.2.6. What experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment; and
    For the purposes of Section 1 of the Employment Rights Act:

    • 3.2.7. Any other paid leave such as maternity, paternity or adoption leave;
    • 3.2.8.If the Agency Worker is eligible, they will be enrolled automatically into the employment business occupational pension scheme in accordance with the pensions act 2008. Details of the scheme will be provided when joining the scheme; and
    • 3.2.9. The Agency Worker is not entitled to any benefits other than those set out in these Terms.
    • 3.3. Where the Employment Business does not give such information in paper form or by electronic means, it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except where:
    • 3.3.1. The Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or
    • 3.2.2. Subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.
    • 3.4. Where the provisions of clause are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.
    • 3.5. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the First Assignment.
    • 3.6. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
    • 3.7. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).

    4. AGENCY WORKER’S OBLIGATIONS

    • 4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the Agency Worker does accept an Assignment, then during every Assignment and afterwards where appropriate, s/he will:
    • 4.4.1. Cooperate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
    • 4.1.2. Observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
    • 4.1.3. Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
    • 4.1.4. Not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;
    • 4.1.5. Not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business's or the Hirer's staff;
    • 4.1.6. Not at any time tell or give 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’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 the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.
    • 4.2. If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business’s request, the Agency Worker undertakes to:
    • 4.2.1. Inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
    • 4.2.2. Provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken, and any other details requested by the Employment Business; and
    • 4.2.3. Provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken, and any other details requested by the Employment Business; and
    • 4.2.3.1. Completed two or more assignments with the Hirer;
    • 4.2.3.2.Completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
    • 4.2.3.3 Worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
    • 4.3. In respect of each Assignment or part thereof:
    • 4.3.1. the Agency Worker must make every effort to arrive at the location at the start time, both as specified in the Assignment Details Form;
    • 4.3.2. if the Agency Worker is unable to arrive at such location at such start time, whether because the Agency Worker will be late or because the Agency Worker will be unable for any reason to attend work, the Agency Worker must inform the Employment Business and the Hirer as soon as possible, including before the start time if the Agency Worker becomes aware before the start time that he or she will not be able to do so, and in any event within 30 minutes of the start time; and
    • 4.3.3. in circumstances in which clause 4.3.2 applies, the Agency Worker must within 48 hours of the start time specified in the relevant Assignment Details Form provide the Employment Business and the Hirer with a detailed written explanation for the reason for the lateness or inability to attend work along with all such other information and supporting documentation that the Employment Business may reasonably require in connection with the same.
    • 4.4.If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why she may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
    • 4.5.The Agency Worker acknowledges that any breach of his/her obligations set out in these Terms (including without limitation this clause):
    • 4.5.1.without prejudice to clause 9.1, may at the sole and absolute discretion of the Employment Business result in the cancellation of ongoing and/or future Assignments and in the Agency Worker's use of the Application (and so the services provided by the Employment Business) being terminated indefinitely, unless the Agency Worker can show that the same was caused by exceptional circumstances (to be determined by the Employment Business in its sole and absolute discretion), and
    • 4.5.2 may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.
    • 4.6.The Agency Worker agrees at the end of each week of an Assignment, or within 48 hours of the end of each Assignment where it is for a period of a week or less, to provide via. the Application a rating of the Hirer based on the following non-exclusive factors: friendliness, punctuality, reliability, know-how and expertise (a "Hirer Rating'). The Agency Worker hereby warrants that each such Hirer Rating will be true, accurate and not misleading, and will reflect an objective impression gained during the Assignment. The Agency Worker acknowledges that at the end of each Assignment the Hirer will provide via. the Application ratings of the Agency Worker based on the following factors: friendliness, punctuality, reliability, know-how and expertise (an "AW Rating'). Hirers will be required to warrant that each such AW Rating will be true, accurate and not misleading. In respect of each Assignment the Agency Worker shall be informed of the AW Rating and the Hirer shall be informed of the Hirer Rating. Prior to selecting the Agency Worker for Assignments, Hirers shall be able to view the average of the Agency Worker's AW Ratings and the Agency Worker's previous 3 AW Ratings, and may take the same into account when determining whether or not to offer the Agency Worker an Assignment.
    • 4.7. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 30 minutes 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 s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay. This may affect their rating depending on the circumstances.

    The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.

    The Agency Worker acknowledges that any breach of his/her obligations set out in these Terms may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.

    • 4.8. If the Agency Worker receives a 1-star AW Rating which he or she considers unjustified, the Employment Business will, in a timely fashion, review the relevant AW Rating provided always that the Agency Worker provides promptly to the Employment Business in writing the reasons the Agency Worker considers the AW Rating unjustified, along with any supporting documentation relevant to the same which taken together is sufficient, in the sole and absolute discretion of the Employment Business, to carry out such a review. The Agency Worker agrees to co-operate with any such review conducted by the Employment Business, including by providing it with such further information as the Employment Business in its sole and absolute discretion considers relevant to the same. Upon conclusion of any such review the Employment Business will in its sole and absolute discretion determine whether to uphold, adjust or remove the relevant AW Rating. The Agency Worker agrees that:
    • 4.8.1. the decision of the Employment Business in this regard shall be final and that the Agency Worker shall have no right to appeal against the same; and
    • 4.8.2. if, following the review process set out above, the Employment Business upholds a 1-star AW Rating on two or more occasions it may in its sole and absolute discretion and without prior notice or liability cancel current and future Assignments of the Agency Worker and terminate indefinitely the Agency Workers use of the Application (and so the services provided by the Employment Business).
    • 4.8.3. As a fundamental part of the Employment Business and the Application's operation, the Agency Worker agrees to the processes relating to AW Ratings and Hirer Ratings described in this clause, including for the purposes of the Data Protection Laws. Therefore, by accepting these Terms, the Agency Worker acknowledges and agrees that if they revoke their agreement to these processes at any point, they will not be provided with any further services by the Employment Business and will no longer have access to the Application.
    • It is important to note that the AW Ratings and Hirer Ratings are a critical aspect of the Employment Business and Application's functionality, and as such, the Agency Workers agreement to this process is a non-negotiable condition of their use of the platform. This means that the Agency Worker must maintain their agreement to the process throughout the duration of their use of the platform, and failure to do so may result in the termination of their access to the Application and any associated services provided by the Employment Business.

    5. TIMESHEETS & WORKING TIME

    • 5.1To ensure accurate payment and record-keeping, the Agency Worker must record their working hours in the Application's "Hours Worked" page at the end of each week of an Assignment. If the Assignment is for a period of one week or less or is completed before the end of a week, the Agency Worker must input their hours upon completion. The timesheet generated by the hours worked will be available to the Employment Business and the Hirer, and the Hirer will be required to review it. The Agency Worker is expected to input their hours within six hours of the end of the shift.
    • 5.2Where the Agency Worker fails to comply with the obligations in clause 5.1 the employment business shall permit the hirer to input on the appropriate page of the application the number of hours worked by the agency worker during their assignment. (or the assignment, if for only one shift).
    • 5.3The Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
    • 5.4The Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and any disagreement in this regard between the Agency Worker and the Hirer where:
    • 5.4.1. The Hirer does not approve the input of the Agency Worker made in accordance with clause 5.1: or
    • 5.4.2.The Agency Worker disagrees with the input of the Hirer made in accordance with clause 5.2, provided that the Employment Business is notified of the same in writing by the Agency Worker within 72 hours of the Agency worker being sent notification of the Hirer’s input, and the reasons for the same in sufficient detail (in the sole and absolute discretion of the Employment Business to enable the Employment Business to Investigate. In connection with any such further investigations the Agency Worker shall promptly give to the Employment Business a copy of any relevant Timesheet along with any other documentation and/or information required by the Employment Business in its sole and absolute discretion, and shall in all respects cooperate fully and in a timely manner. It is recommended but not required that the Agency Worker requests that an authorised representative of the Hirer signs the Timesheet. The Agency Worker acknowledges and agrees that such further investigation may delay any payment due to the Agency Worker, and the Agency Worker must respond promptly, and in any event within 72 hours, to any request by the Employment Business for information or documentation in this regard. The Employment Business shall make no payment to the Agency Worker for hours not worked.
    • 5.6 For the avoidance of doubt and for the purposes of the WTR, the Agency Workers working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Workers working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the AWR.
    • 5.7 The WTR provides that the Agency Worker shall not work on Assignments in excess of the Working Week Limit unless the Agency Worker agrees in writing that the Working Week Limit should not apply. By accepting these Terms, the Agency Worker agrees that the Working Week Limit should not apply to Assignments worked under these Terms. The Agency Worker may end this agreement by giving the Employment Business 3 months notice in writing of the same. For the avoidance of doubt, any such notice shall not be construed as termination by the Agency Worker of any Assignment. Upon the expiry of such notice the Working Week Limit shall apply with immediate effect.

    6. PAY AND DEDUCTIONS

    • 6.1For each Assignment the Employment Business shall pay to the Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.
    • 6.2If the Agency Worker has completed the Qualifying Period on the start 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 QP Rate of Pay which will be notified on a per Assignment basis and set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
    • 6.3The Hourly Rate, Actual Pay of Rate or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed Emoluments.
    • 6.4Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual leave) and 8 (Sickness absence) below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
    • 6.5Subject to compliance with Regulation 12 of the Conduct Regulations, the Employment Business reserves the right in its absolute discretion to deduct from the Agency Workers pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.
    • 6.6Where the Agency Worker holds a valid A1, E101 or E102 Certificate confirming coverage by a social security scheme in a Member State other than the UK, the Agency Worker must declare this to the Employment Business and produce the Certificate. In such cases the Employment Business shall not deduct Class 1 National Insurance Contributions from the Actual Rate of Pay or the Actual QP Rate of Pay (where applicable) but it shall be the responsibility of the Agency Worker to pay such social fee contributions as may be applicable in the Member State concerned. In the event that the Agency Worker fails to pay such contributions and the Employment Business is required to pay contributions either in the UK or the Member State concerned, the Agency Worker undertakes to indemnify the Employment Business and the Employment Business shall be entitled to deduct the amount paid in contributions from any sums owed to the Agency Worker.

    7. ANNUAL LEAVE

    • 7.1The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks.
    • 7.2The Agency Workers entitlement to payment for annual leave under clause 7.1 accrues in proportion to the amount of time worked by him/ her on Assignment during the Leave Year.
    • 7.3Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Workers entitlement to paid annual leave under the WTR and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
    • 7.4The Agency Worker must take all annual leave during the Leave Year in which it accrues and, except as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, the Agency Worker may not carry any annual leave forward to the next year. The Agency Worker is responsible for ensuring that they request and take all paid annual leave within the Leave Year.
    • 7.5If the Agency Worker wishes to take paid annual leave during an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of annual leave that s/he wishes to take. In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
    • 7.6Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during 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.
    • 7.7Subject to clause 7.3, during any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Workers total holiday entitlement in each month of the leave year.
    • 7.8 If an Agency Worker's request to take paid leave is approved by the Employment Business in accordance with clause 7.5, the Agency Worker acknowledges that payment for the annual leave will have been included in the hourly rate of pay as notified for the Assignment (or in the relevant Assignment Details Form(s)) and is paid as accrued every two weeks in accordance with clause 6.5. No additional payment is due from the Employment Business for the period of leave actually taken and the Agency Worker may not undertake any Assignment or other work during a period of annual leave.
    • 7.9Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker.

    8. SICKNESS ABSENCE

    • 8.1The Agency Worker may be eligible for statutory sick pay (SSP) provided that s/he meets the relevant statutory criteria.
    • 8.2The Agency Worker must give the Employment Business evidence of incapacity to work, which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
    • 8.3The Agency Worker must give the Employment Business 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. /li>
    • 8.4If 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.
    • 8.5Where clause 8.4 applies, the Agency Workers placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

    9. TERMINATION

    • 9.1Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Workers Assignment at any time without prior notice or liability.
    • 9.2The 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. If 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 use of the application (except for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
    • 9.3If the Agency Worker does not tell 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. Assignments and/or parts thereof, any breach or breaches of these Terms and repeated receipt of 1-star AW Ratings.
    • 9.4If the Agency Worker is absent during an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above, the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.
    • 9.5If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 1 week, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.

    10. INTELLECTUAL PROPERTY RIGHTS

    The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute 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.

    11. CONFIDENTIALITY

    • 11.1.1.In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
    • 11.1.2.not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;
    • 11.1.3.to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
    • 11.1.4.not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.

    12. DATA PROTECTION

    • 12.1.The Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.
    • 12.2.The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.
    • 12.3. The Agency Worker acknowledges that the Employment Business will need to hold, access or process personal data relating to him/her in accordance with its Data Privacy Policy (the "Data Privacy Policy') and any data privacy notice as may be provided to the Agency Worker as amended from time to time.
    • 12.4.The Agency Worker is required to read and adhere to the Data Privacy Policy and data privacy notices provided to them, as updated from time to time. Failure to comply with these policies may result in the cancellation of current or future Assignments or the indefinite termination of the Agency Workers access to the Application and the services provided by the Employment Business.
    • 12.5.The Agency Worker acknowledges and accepts the Website, Use, Privacy and Cookies Policy, contained in the employment business (as amended from time to time).

    13. SEVERABILITY

    If any provision of these Terms is found by a competent authority to be invalid or unenforceable, such provision shall be deemed to be severed from these Terms to the extent of such invalidity or unenforceability, and the remaining provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

    14. NOTICES

    Where the Agency Worker is required by these Terms to inform the Employment Business of something in writing and choses to do so by email to the address or number provide for the relevant purpose by the Employment Business, such email shall only be deemed to have been received by the Employment Business on receipt by the Agency worker of a confirmation of receipt by the Employment Business (not to be unreasonably withheld or or delayed). Where no such confirmation of receipt is received by the Agency Worker , he/she should consider that such an email has not been delivered to the Employment Business (and according that she/he has not discharged the relevant obligations under these Terms), and it should resend the relevant email having confirmed the address.
    • 14.1.Where the Agency Worker is required by these Terms to inform the Employment Business of something in writing and choses to do so by email to the address or number provide for the relevant purpose by the Employment Business, such email shall only be deemed to have been received by the Employment Business on receipt by the Agency worker of a confirmation of receipt by the Employment Business (not to be unreasonably withheld or or delayed). Where no such confirmation of receipt is received by the Agency Worker , he/she should consider that such an email has not been delivered to the Employment Business (and according that she/he has not discharged the relevant obligations under these Terms), and it should resend the relevant email having confirmed the address.
    • 14.2. The Agency Worker understands and accepts that any comments entered in the free text fields on the Application and Work assignments description are not subject to systematic review by the Employment Business. These fields are provided as a means of communication between Agency Workers and Hirers. Therefore, the Agency Worker acknowledges that entering data in these fields does not fulfil their obligation under these Terms to provide written notification of any relevant information to the Employment Business. If the Agency Worker is required to notify the Employment Business of anything in writing under these Terms, they should follow the terms outlined in the agreement.

    15. RIGHTS OF THIRD PARTIES

    • 15.1.None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 GOVERNING LAW AND JURISDICTION.
    • 15.2. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

    16. OFFERS OF PERMANENT EMPLOYMENT

    In order to enable the employment business to protect its legitimate interests, the agency worker agrees that they will notify the employment business immensely if they receive a written or verbal offer of permanent employment by a hirer, whether during or following competition of any assignment.

    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:
    • 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 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;
    • (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, or iii above; or
    • 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 predetermined 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 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.
    “Temporary Work Agency” means as defined in Regulation 4 of the AWR 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.
    Not withstanding 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 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.