| 1. |
Interpretation |
| 1.1 |
The definitions and rules of interpretation in this clause apply
to this agreement. |
| 1 |
AWR 2010: the Agency Workers Regulations 2010 (SI
2010/93). |
| 2 |
Business Day: a day other than a Saturday, Sunday or
public holiday when banks in London are open for business. |
| 3 |
Calendar Week: shall have the meaning in regulation 7(4)
of the AWR 2010. |
| 4 |
Client: a person, employment business, firm, partnership,
company or Group company (as the case may be) to whom the
Employee is Introduced or supplied.
|
| 5 |
Conduct Regulations 2003: the Conduct of Employment
Agencies and Employment Business Regulations 2003 (SI
2003/3319).
|
| 6 |
Confidential Information: information in whatever form
(including without limitation, in written, oral, visual or
electronic form or on any magnetic or optical disk or memory and
wherever located) relating to the business, customers, products,
affairs and finances of the Client, the Employment Business or
any Group company for the time being confidential to the Client,
the Employment Business or any Group company or any of its or
their suppliers, customers, agents, distributors, shareholders,
management or business contacts, including in particular (by way
of illustration only and without limitation) including (but not
limited to) information that the Employee creates, develops,
receives or obtains in connection with the Flexible Hours
Assignment, whether or not such information (if in anything
other than oral form) is marked confidential.
|
| 7 |
Engage: the employment of an Employee or the engagement
directly or indirectly through any employment business other
than through the Employment Business (whether for a definite or
indefinite period) of an Employee as a direct result of any
Introduction or Flexible Hours Assignment to the Client and the
term Engaged shall be construed accordingly.
|
| 8 |
Group: in relation to a company, that company, each and
any subsidiary or holding company at the date of this agreement
of that company.
|
| 9 |
Holding company: has the meaning given in 1.5.
|
| 10 |
Hirer: means the end hirer of the Client.
|
| 11 |
Introduce: the provision to the Client of information by
the Employment Business which identifies the Employee and
Introduction and Introduced shall be construed
accordingly.
|
| 12 |
Key Flexible Hours Assignment Form: written confirmation
of the detail of a particular Flexible Hours Assignment to be
given to the Employee on acceptance of that Flexible Hours
Assignment, attached at Schedule 1.
|
| 13 |
Key Flexible Hours Assignment Information: shall have the
meaning set out at clause 3.6
|
| 14 |
Other Qualifying Period Payment: any remuneration payable
to the Employee (other than the Qualifying Period Rate of Pay),
which is not excluded by virtue of regulation 6 of the AWR 2010,
such as any overtime, shift premium, commission or any bonus,
incentive or rewards which are directly attributable to the
amount or quality of work done by an Employee and are not linked
to a financial participation scheme (as defined by the AWR
2010).
|
| 15 |
Qualifying Period: 12 continuous Calendar Weeks, as
defined in regulation 7 of the AWR 2010, subject always to
regulations 8 and 9 of the AWR 2010.
|
| 16 |
Qualifying Period Rate of Pay: the rate of pay that will
be paid to the Employee on completion of the Qualifying Period
if this rate is higher than the Rate of Pay. Such rate will be
paid for each hour worked during an Flexible Hours Assignment
(to the nearest quarter hour) weekly in arrears, subject to any
deductions that the Employment Business is required to make by
law and to any deductions that the Employee has specifically
agreed can be made.
|
| 17 |
Rate of Pay: the rate of pay that will be paid to the
Employee prior to completion of the Qualifying Period. Such rate
will be paid for each hour worked during an Flexible Hours
Assignment (to the nearest quarter hour) weekly in arrears,
subject to any deductions that the Employment Business is
required to make by law and to any deductions which the Employee
has specifically agreed can be made.
|
| 18 |
Relevant Period: shall have the meaning set out in
regulation 10(5) and (6) of the Conduct Regulations 2003.
|
| 19 |
Relevant Terms and Conditions: the relevant terms and
conditions as defined in regulation 6 of the AWR 2010 that apply
once the Employee has completed the Qualifying Period.
|
| 20 |
Subsidiary: has the meaning given in clause 1.5.
|
| 21 |
Flexible Hours: means additional hours available to the
Employee under the Employment Business’s flexible hours 2nd tier
agreement with its Client.
|
| 22 |
Flexible Hours Flexible Hours Assignment: the services to
be carried out by the Employee for the hirer, as more
particularly described in 3 and in the Key Flexible Hours
Assignment Form.
|
| 23 |
Employee: an individual Introduced and supplied by the
Employment Business to the Client to provide services to the
Client’s hirer but not as an employee of the hirer, who is
deemed to be an agency worker for the purposes of regulation 3
of the AWR 2010.
|
| 24 |
Temporary Work Agency: shall have the meaning set out in
regulation 4(1) of the AWR 2010.
|
| 25 |
Vulnerable Person: shall have the meaning set out in
regulation 2 of the Conduct Regulations 2003.
|
| 26 |
WTR 1998: the Working Time Regulations 1998 (SI
1988/1833).
|
| 1.2 |
A person includes a natural person, corporate or
unincorporated body (whether or not having separate legal
personality)
|
| 1.3 |
The Schedules form part of this agreement and shall have effect
as if set out in full in the body of this agreement. Any
reference to this agreement includes the Schedules.
|
| 1.4 |
A reference to a company shall include any company,
corporation or other body corporate, wherever and however
incorporated or established.
|
| 1.5 |
A reference to a holding company or a subsidiary
means a holding company or a subsidiary (as the case may be) as
defined in section 1159 of the Companies Act 2006 and a company
shall be treated, for the purposes only of the membership
requirement contained in sections 1159(1)(b) and (c), as a
member of another company even if its shares in that other
company are registered in the name of (a) another person (or its
nominee) by way of security or in connection with the taking of
security, or (b) its nominee. In the case of a limited liability
partnership which is a subsidiary of a company or another
limited liability partnership, section 1159 of the Companies Act
2006 shall be amended so that: (a) references in sections
1159(1)(a) and (c) to voting rights are to the members' rights
to vote on all or substantially all matters which are decided by
a vote of the members of the limited liability partnership; and
(b) the reference in section 1159(1)(b) to the right to appoint
or remove a majority of its board of directors is to the right
to appoint or remove members holding a majority of the voting
rights.
|
| 1.6 |
A reference to a statute or statutory provision is a reference
to it as it is in force as at the date of this agreement.
|
| 1.7 |
A reference to a statute or statutory provision shall include
all subordinate legislation made at the date of this agreement
under that statute or statutory provision.
|
| 1.8 |
A reference to writing or written includes email.
|
| 1.9 |
Any obligation on a party not to do something includes an
obligation not to allow that thing to be done.
|
| 1.10 |
A reference to this agreement or to any other agreement
or document referred to in this agreement is a reference to this
agreement or such other agreement or document as varied or
novated (in each case, other than in breach of the provisions of
this agreement) from time to time.
|
| 1.11 |
References to clauses and Schedules are to the clauses and
Schedules of this agreement and references to paragraphs are to
paragraphs of the relevant Schedule.
|
| 1.12 |
Any words following the terms including, include, in
particular, for example or any similar expression shall
be construed as illustrative and shall not limit the sense of
the words, description, definition, phrase or term preceding
those terms.
|
| 2 |
The agreement
|
| 2.1 |
These terms set out the entire agreement between the Employment
Business and the Employee for the supply of services to a Client
and shall govern all Flexible Hours Assignments undertaken by
the Employee (including, for the avoidance of doubt, where the
Employee undertakes a Flexible Hours Assignment without having
signed these terms).
|
| 2.2 |
The first Flexible Hours Assignment will commence on the date
notified to the Employee in accordance with 3.2 below. The
Employment Business will also notify the Employee of the start
date of any subsequent Flexible Hours Assignment.
|
| 2.3 |
For the avoidance of doubt, this agreement constitutes a
contract of employment between the Employment Business and the
Employee.
|
| 2.4 |
For the purposes of the Conduct Regulations 2003, the Employment
Business acts as an Employment Business in relation to the
supply of the Employee to the Client.
|
| 3 |
Flexible Hours Assignments
|
| 3.1 |
The first 3 months of the Employee's engagement by the
Employment Business shall be a probationary period and this
agreement may be terminated during this period at any time on
one week's prior notice by either party. During the probationary
period the Employee's performance and suitability for further
work will be monitored.
|
| 3.2 |
The Employee will have no normal hours of work. The Employee
will be required to work on an “as required” basis. The
Employees hours will vary accordingly to meet the needs of its
Clients, its Clients hirers and the Employees availability to
work. The Employment Business will notify the Employee in
advance of the days and hours the Employee will be required to
work, or to provide the Employee with a minimum number of hours
work each day or week. If in the unfortunate event the
Employment Business cannot offer the Employee work in a
particular week, the Company reserves the right to terminate
this agreement on the grounds of some other substantial reason.
|
| 3.3 |
Except as provided below, at the same time as a Flexible Hours
Assignment is offered to the Employee, the Employment
Business shall provide the Employee with the following
information (the Key Flexible Hours Assignment
Information):
| (a) |
the identity of the Client, and if applicable
the nature of its business; |
| (b) |
the date the Flexible Hours Assignment is to
commence and the duration or likely duration of
the Flexible Hours Assignment; |
| (c) |
the position which the Client seeks to fill,
including the type of work the Employee in that
position would be required to do, the location
at which, and the days and hours during which,
the Employee would be required to work;
|
| (d) |
the Rate of Pay and any expenses payable by or
to the Employee;
|
| (e) |
any risks to health and safety known to the
Client in relation to the Flexible Hours
Assignment and the steps the Client has taken to
prevent or control such risks; and
|
| (f) |
the experience, training, qualifications and any
authorisation which the Client considers are
necessary or which are required by law or a
professional body for the Employee to possess in
order to work in the Flexible Hours Assignment.
|
|
| 3.4 |
Where the Key Flexible Hours Assignment Information is not given
in paper form or by electronic means, the Employment Business
shall confirm it in writing or electronically as soon as
possible and in any event no later than the end of the third
Business Day following the day on which the Flexible Hours
Assignment was offered to the Employee.
|
| 3.5 |
Unless the Employee requests otherwise, 3.2 will not apply where
the Employee is being Introduced or supplied to the Client to
work in the same position as one in which the Employee has
previously been supplied within the previous five Business Days
and the Key Flexible Hours Assignment Information (with the
exception of the date or likely duration of the Flexible Hours
Assignment) is the same as that already given to the Employee.
|
| 3.6 |
Subject to 3.4 and 3.6, where the Flexible Hours Assignment is
intended to last for five consecutive Business Days or less and
the Required Flexible Hours Assignment Information has
previously been given to the Employee and remains unchanged, the
Employment Business shall provide written confirmation of the
identity of the Client and the likely duration of the Flexible
Hours Assignment.
|
| 3.7 |
Where the provisions of 3.5 have been met but the Flexible Hours
Assignment extends beyond the intended five consecutive Business
Day period, the Employment Business shall provide the remaining
Key Flexible Hours Assignment Information to the Employee in
paper or electronic form within eight Business Days of the start
of the Flexible Hours Assignment or by the end of the Flexible
Hours Assignment, if sooner.
|
| 3.8 |
If the Employee has completed the Qualifying Period on the start
date of the relevant Flexible Hours Assignment or completes the
Qualifying Period during the relevant Flexible Hours Assignment,
the Employee will be informed of the Qualifying Period Rate of
Pay if different from the Rate of Pay, together with the Other
Qualifying Period Payments and the other Relevant Terms and
Conditions to which the Employee is now entitled under the AWR
2010.
|
| 3.9 |
If the Employee considers that they have not received the
Relevant Terms and Conditions on completion of the Qualifying
Period, the Employee may raise this in writing with the
Employment Business setting out as fully as possible the basis
of their concerns. The Employment Business shall, within 28 days
of receiving such request, provide the Employee with a written
statement setting out:
| (a) |
relevant information relating to the basic work
and employment conditions of the workers of the
Client; |
| (b) |
the factors that the Employment Business
considered when determining such basic work and
employment conditions; and |
| (c) |
where the Employment Business seeks to rely on
the defence in regulation 5(3) of the AWR 2010,
relevant information which:
| (i) |
explains the basis on which it
is considered that an individual
is a comparable employee; and
|
| (ii) |
describes the basic work and
employment conditions which
apply to that employee. |
|
|
| 4 |
Employee's obligations |
| 4.1 |
The Employee is obliged to accept any Flexible Hours Assignment
offered by the Employment Business. The Employee shall:
| (a) |
co-operate with the Hirers reasonable
instructions and accept the direction,
supervision and control of any responsible
person in the Hirer's organisation; |
| (b) |
observe any relevant rules and regulations of
the Hirer’s organisation (including normal hours
of work) of which the Employee has been informed
or of which the Employee should be reasonably
aware;
|
| (c) |
co-operate with the Employment Business in the
completion and renewal of all mandatory checks,
including in relation to the Employee's right to
work in the UK;
|
| (d) |
where the Flexible Hours Assignment involves
working with any Vulnerable Persons, provide the
Employment Business with copies of any relevant
qualifications or authorisations including an
up-to-date Disclosure and Barring Service
certificate and two references which are from
persons who are not related to the Employee;
|
| (e) |
take all reasonable steps to safeguard their own
health and safety and that of any other person
who may be present or be affected by their
actions on the Flexible Hours Assignment and
comply with the health and safety policies of
the Hirer;
|
| (f) |
not engage in any conduct detrimental to the
interests of the Employment Business or the
Client or the Hirer;
|
| (g) |
comply with all relevant statutes, laws,
regulations and codes of practice from time to
time in force in the performance of the Flexible
Hours Assignment and applicable to the Hirer's
business.
|
|
| 4.2 |
If the Flexible Hours Assignment changes, as soon as possible
before the commencement of each new Flexible Hours Assignment
and during each Flexible Hours Assignment (as appropriate) and
at any time at the Employment Business' request, the Employee
undertakes to:
| (a) |
inform the Employment Business of any Calendar
Weeks whether before the date of commencement of
the relevant Flexible Hours Assignment or during
the relevant Flexible Hours Assignment in which
the Employee has worked in the same or a similar
role with the Client via any third party;
|
| (b) |
provide the Employment Business with all the
details of such work, including (without
limitation) details of when, where and the
period(s) during which such work was undertaken,
the role performed and any other details
requested by the Employment Business; and
|
| (c) |
inform the Employment Business if before the
date of the commencement of the relevant
Flexible Hours Assignment the Employee has:
| (i) |
completed two or more Flexible
Hours Assignments with the
Client; |
| (ii) |
completed at least one Flexible
Hours Assignment with the Client
and one or more Flexible Hours
Assignments with a member of the
Client's Group; or |
| (iii) |
worked in more than two roles
during an Flexible Hours
Assignment with the Client and
on at least two occasions has
worked in a role that was not
the same role as the previous
role. |
|
|
| 4.3 |
If the Employee is unable for any reason to attend work during
the course of an Flexible Hours Assignment, they should first
inform the Employment Business at least one hour before their
normal start time to enable alternative arrangements to be made.
|
| 4.4 |
If, either before or during the course of a Flexible Hours
Assignment, the Employee becomes aware of any reason why they
may not be suitable for a Flexible Hours Assignment, they shall
notify the Employment Business without delay.
|
| 4.5 |
In the event the Employee does not accept a Flexible Hours
Assignment, the Employment Business reserves the right to
terminate this agreement without notice.
|
| 5 |
Remuneration |
| 5.1 |
Subject to the Employee submitting properly authorised time
sheets in accordance with clause 8, the Employment
Business shall pay the Rate of Pay to the Employee until the
Employee completes the Qualifying Period. The Rate of Pay will
be set out in
the relevant Key Flexible Hours Assignment Form for a particular
Flexible Hours Assignment. The Rate of Pay meets the national
minimum wage
requirements.
|
| 5.2 |
Subject to the Employee submitting properly authorised time
sheets in accordance with 7, if the Employee has completed the
Qualifying Period on the start date of the relevant Flexible
Hours Assignment or following completion of the Qualifying
Period during the relevant Flexible Hours Assignment, the
Employment Business shall pay to the Employee:
| (a) |
the Qualifying Period Rate of Pay; and |
| (b) |
the Other Qualifying Period Payments, |
which will be set out in the relevant Key Flexible Hours
Assignment Form. The Qualifying Period Rate of Pay meets the
national minimum wage requirements.
|
| 5.3 |
Subject to any applicable statutory entitlement and to 8 and 9,
the Employee is not entitled to receive payment from the
Employment Business or the Client for time not spent working on
the Flexible Hours Assignment, whether in respect of holidays,
illness or absence for any other reason, unless otherwise
agreed.
|
| 6 |
Benefits |
| 6.1 |
The Employee is not entitled to any You may be provided with the
following benefits during your engagement, subject to any rules
applicable to the relevant benefit:
| (a) |
Access to the SPS App |
| (b) |
Access to free online training courses |
|
| 6.2 |
We may replace or withdraw such benefits, or amend the terms of
such benefits, at any time on reasonable notice to you.
|
| 7 |
Time sheets |
| 7.1 |
The Employee has no normal hours of work and will be required to
work the hours and days as required by the Client during the
Flexible Hours Assignment. The Employee's hours and days of work
will vary according to the needs of the Client. The Employee
will be notified of the hours and days they will be required to
work in advance of accepting the Flexible Hours Assignment (as
specified in 3.2(c)).
|
| 7.2 |
At the end of each week of a Flexible Hours Assignment (or at
the end of an Flexible Hours Assignment if it is for a period of
one week or less or is completed before the end of a week) the
Employee shall deliver to the Employment Business a completed
time sheet indicating the number of hours worked during the
preceding week (or such lesser period) and signed by an
authorised representative of the Client.
|
| 7.3 |
Subject to 7.4, the Employment Business shall pay the Employee
for all hours worked on a weekly basis regardless of whether the
Employment Business has received payment from the Client for
those hours.
|
| 7.4 |
Where the Employee fails to submit a properly authorised time
sheet, any payment due to the Employee may be delayed while the
Employment Business investigates (in a timely fashion) what
hours, if any, were worked by the Employee. The Employment
Business shall make no payment to the Employee for hours not
worked.
|
| 7.5 |
The Employee acknowledges and accepts that it could be a
criminal offence under the Fraud Act 2006 to falsify any time
sheet, for example by claiming payment for hours that were not
actually worked.
|
| 8 |
Holidays |
| 8.1 |
Subject to 8.2, the Employee is entitled to the equivalent of
5.6 weeks' paid holiday during each holiday year (including all
normal bank holiday entitlements). The Employment Business'
holiday year runs between 1st April to 31st March. If a Flexible
Hours Assignment starts or finishes part way through the holiday
year, the Employee's holiday entitlement during that year shall
be calculated on a pro-rata basis.
|
| 8.2 |
On completion of the Qualifying Period, the Employee may be
entitled to annual leave in addition to the Employee's
entitlement under 8.1. In those circumstances, the Employment
Business will inform the Employee in the relevant Key Flexible
Hours Assignment Form of any such entitlement and the date from
which such entitlement will commence.
|
| 8.3 |
All entitlement to annual leave must be taken during the holiday
year in which it accrues. No untaken holiday can be carried
forward to the next holiday year unless the Employee has been
prevented from taking it in the relevant holiday year by a
period of sickness absence, in which case carry-over is limited
to four weeks' holiday per year less any leave taken during the
holiday year that has just ended. Any such carried over holiday
which is not taken within eighteen months of the end of the
relevant holiday year will be lost.
|
| 8.4 |
[No more than 10 days' holiday may be taken at any one time
unless prior consent. The Employment Business may require the
Employee to take holiday on specific days, as notified to the
Employee.
|
| 8.5 |
Subject to 8.2, in the course of any Flexible Hours Assignment
during the first holiday year, the Employee is entitled to
request leave at the rate of one-twelfth of the Employee's total
holiday entitlement in each month of the holiday year.
|
| 8.6 |
Where a bank holiday or other public holiday falls during a
Flexible Hours Assignment and the Employee ordinarily would work
on that day, then subject to the Employee having accrued
entitlement for payment for leave, that day shall count as part
of the Employee's paid annual leave entitlement.
|
| 8.7 |
At the end of the Flexible Hours Assignment the Employee shall
be entitled to be paid in lieu of accrued but untaken holiday
for the holiday year in which termination takes place. The
amount of such payment in lieu shall be one hour's pay for each
accrued but untaken hour of the holiday entitlement.
|
| 8.8 |
If the Employee has taken more holiday than their accrued
entitlement at the end of the Flexible Hours Assignment, the
Employment Business shall be entitled to deduct the appropriate
amount from any payments due to the Employee. The amount of such
deduction shall be one hour's pay for each hour of holiday taken
in excess of the accrued entitlement.
|
| 9 |
Sickness absence |
| 9.1 |
If the Employee is absent from work for any reason, they must
notify the Employment Business of the reason for their absence
as soon as possible but no later than one hour before the start
of the shift. |
| 9.2 |
If the Employee 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 Flexible Hours Assignment. The
Employee will not be entitled to any other payments during such
period.
|
| 9.3 |
In all cases of absence, a self-certification form, must be
completed on the Employee's return to work and supplied to the
Employment Business. 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
Employee's own cost and supplied to the Employment Business
Further certificates must be obtained if the absence continues
for longer than the period of the original certificate.
|
| 9.4 |
The Employee's qualifying days for SSP purposes are Monday to
Friday.
|
| 10 |
Termination |
| 10.1 |
After successful completion of the Employee’s probationary
period the prior written notice required from the Employee or
the to terminate your employment shall be as follows:
| (a) |
one week's notice if the Employee has been
continuously employed for more than one month;
and then |
| (b) |
one week's notice for each year of continuous
employment with the Employment Business up to a
maximum of 12 weeks’ notice.
|
|
| 10.2 |
The Employment Business shall be entitled to dismiss the
Employee at any time without notice if it considers that the
Employee has committed any serious breach of their obligations
as an Employee or committed any act of gross misconduct, or if
the Employee ceased to be entitled to work in the UK.
|
| 10.3 |
The Employment Business, the Client, the Hirer or the Employee
may terminate the Flexible Hours Assignment at any time without
prior notice or liability.
|
| 10.4 |
The Employee acknowledges that the continuation of a Flexible
Hours Assignment is subject to and dependent on the continuation
of the agreement entered between the Employment Business and the
Client. If that agreement is terminated for any reason, the
Flexible Hours Assignment shall cease with immediate effect
without liability to the Employee, except for payment for work
done up to the date of termination of the Flexible Hours
Assignment.
|
| 10.5 |
Unless exceptional circumstances apply, the Employee's failure
to inform the Client or the Employment Business of their
inability to attend work as required by 4.3 will be treated as
termination of this contract by the Employee.
|
| 10.6 |
If the Employee is absent during the course of an Flexible Hours
Assignment and the Flexible Hours Assignment has not otherwise
been terminated, the Employment Business will be entitled to
terminate the Flexible Hours Assignment in accordance with 10.1
if the work to which the Employee was assigned is no longer
available.
|
| 11 |
Intellectual property rights |
| 11.1 |
The Employee acknowledges that all Intellectual Property Rights
deriving from services carried out by the Employee for the
Client during the Flexible Hours Assignment shall belong to the
Client.
|
| 12 |
Confidentiality |
| 12.1 |
In order to protect the confidentiality and trade secrets of the
Employment Business and the Client, the Employee agrees not at
any time:
| (a) |
whether during or after an Flexible Hours
Assignment (unless expressly so authorised by
the Client or the Employment Business as a
necessary part of the performance of their
duties), to disclose to any person or to make
use of any of the trade secrets or the
Confidential Information of the Client or the
Employment Business; or
|
| (b) |
to make any copy, abstract or summary of the
whole or any part of any document or other
material belonging to the Client or the
Employment Business except when required to do
so in the course of the Employee's duties under
a Flexible Hours Assignment, in which
circumstances such copy abstract or summary
would belong to the Client or the Employment
Business, as appropriate.
|
|
| 12.2 |
The restriction in 12.1 does not apply to:
| (a) |
any use or disclosure authorised by the Client
or the Employment Business or as required by law
a court of competent jurisdiction or any
governmental or regulatory authority;
|
| (b) |
any information which is already in, or comes
into, the public domain otherwise than through
the Employee's unauthorised disclosure; or
|
| (c) |
the making of a protected disclosure within the
meaning of section 43A of the Employment Rights
Act 1996.
|
|
| 12.3 |
At the end of each Flexible Hours Assignment or on request the
Employee agrees to deliver up to the Client or the Employment
Business (as directed) all documents (including copies), ID
cards, swipe cards, equipment, passwords, pass codes and other
materials belonging to the Client which are in its possession,
including any data produced, maintained or stored on the
Client's computer systems or other electronic equipment.
|
| 13 |
Data protection |
| 13.1 |
The Employment Business and the Client collect and process
information relating to the Employee in accordance with the
privacy notice which is available on the Employee’s portal.
|
| 13.2 |
The Employee shall comply with data protection policy of both
the Employment Business and the Client when handling personal
data including personal data relating to any employee, worker,
contractor, customer, client, supplier or agent of the
Employment Business or Client.
|
| 13.3 |
Failure to comply with the data protection policy and/or any of
the policies listed in this clause may be dealt with under the
Employment Business' or the Client's disciplinary procedure and,
in serious cases, may be treated as gross misconduct leading to
summary dismissal.
|
| 14 |
Pensions |
| 14.1 |
The Employee may be eligible to be enrolled into the Employment
Business’s pension scheme. |
| 15 |
Disciplinary and grievance procedures |
| 15.1 |
The Employee's attention is drawn to the disciplinary rules and
procedure, and grievance procedure, applicable to their
engagement, copies of which are available from the Employment
Business These rules and procedures do not form part of this
agreement.
|
| 15.2 |
If the Employee wishes to appeal against a disciplinary
decision, they may apply in writing in accordance with the
Employment Business' disciplinary procedure.
|
| 15.3 |
If the Employee wishes to raise a grievance, they may apply in
writing in accordance with the Employment Business' grievance
procedure.
|
| 16 |
Warranties and indemnities
|
| 16.1 |
The Employee warrants that:
| (a) |
the information supplied to the Employment
Business in any application documents is
correct;
|
| (b) |
the Employee has the experience, training,
qualifications and any authorisation which the
Client considers are necessary or which are
required by law or by any professional body for
the Employee to possess in order to perform the
Flexible Hours Assignment;
|
| (c) |
the Employee is not prevented by any other
agreement, arrangement, restriction (including,
without limitation, a restriction in favour of
any employment agency, employment business or
client) or any other reason, from fulfilling the
Employee's obligations under this agreement; and
|
| (d) |
the Employee has valid and subsisting leave to
enter and remain in the United Kingdom for the
duration of this agreement and is not (in
relation to such leave) subject to any
conditions which may preclude or have an adverse
effect on the Flexible Hours Assignment.
|
|
| 17 |
Collective agreements |
| 17.1 |
There is no collective agreement which directly affects the
Employee's engagement as a worker. |
| 18 |
Entire agreement |
| 18.1 |
This agreement constitutes the entire agreement between the
parties and supersedes and extinguishes all previous agreements,
promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating
to its subject matter.
|
| 18.2 |
Each party acknowledges that in entering into this agreement it
does not rely on statement, representation, assurance or
warranty (whether made innocently or negligently) that is not
set out in this agreement.
|
| 18.3 |
No variation of this agreement shall be effective unless it is
in writing and signed by each of the parties (or their
authorised representatives). A written copy of the varied terms,
including the date from which they take effect, shall be given
to the Employee no later than the fifth Business Day following
the day on which the variation was agreed.
|
| 18.4 |
Each party agrees that it shall have no claim for innocent or
negligent misrepresentation based on any statement in this
agreement.
|
| 19 |
Third Party rights |
| 19.1 |
No one other than a party to this agreement shall have any right
to enforce any of its terms. |
| 20 |
Severance |
| 20.1 |
If any provision or part-provision of this agreement is or
becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal
and enforceable. If such modification is not possible, the
relevant provision or part-provision shall be deemed deleted.
Any modification to or deletion of a provision or part-provision
under this clause shall not affect the validity and
enforceability of the rest of this agreement.
|
| 20.2 |
If any provision or part-provision of this agreement is invalid,
illegal or unenforceable, the parties shall negotiate in good
faith to amend such provision so that, as amended, it is legal,
valid and enforceable, and, to the greatest extent possible,
achieves the intended commercial result of the original
provision.
|
| 21 |
Governing law |
| 21.1 |
This agreement and any dispute or claim (including
non-contractual disputes or claims) arising out of or in
connection with it or its subject matter or formation shall be
governed by and construed in accordance with the law of England
and Wales.
|
| 22 |
Jurisdiction |
| 22.1 |
Each party irrevocably agrees that the courts of England and
Wales shall have exclusive jurisdiction to settle any dispute or
claim (including non-contractual disputes or claims) arising out
of or in connection with this agreement or its subject matter or
formation.
|
