CONTRACT FOR OFFICE AND ADMINISTRATIVE TEMPORARY PERSONNEL
1.1. In these Terms of Engagement the following definitions apply:-
“Assignment” means the period during which the Temporary Worker is supplied to render services to the Client;
“Client” means the person, firm or corporate body requiring services of the Temporary Worker;
“The Employment Business” means Ashley Stewart Limited of 4 Margaret Street,London W1W 8RF
“Temporary Worker” means……………………………………………………
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.
2.0 THE CONTRACT
2.1. These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.
2.2. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from his remuneration in accordance with clause 4.1.
2.3 No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing.
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a ………………………………………………….
3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods where no suitable work is available and agrees: that suitability shall be determined solely by the Employment Business; and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category.
3.3. For the purpose of calculating the average number or weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be 1st October 1998 or the date on which the Temporary Worker commences the first Assignment, if later.
3.4. If during the course of an Assignment or within 6 months after the end of an Assignment the Client wishes to employ the Temporary Worker it is acknowledged that the Employment Business will be entitled either to charge the Client an introduction fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be employed direct by the Client without further charge to the Client.
4.1. The Employment Business shall pay the Temporary Worker remuneration calculated at a minimum hourly rate of £……….. The actual rate will be notified on a per Assignment basis for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deductions in respect of PAYE Class 1 National Insurance Contributions and Income Tax pursuant to Section 134 of the Income and Corporation Taxes Act 1988 and any other deductions which the Employment Business may be required by law to make.
4.2. Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
5.0 STATUTORY LEAVE
5.1. For the purposes of calculating entitlement to leave under this clause, the leave year commences on 1st October or, if later, on the date that the Temporary Worker starts an Assignment or a series of Assignments.
5.2. Under the Working Time Regulations the Temporary Worker is entitled to 4 weeks’ paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to next year.
5.3. The entitlement is not in addition to any annual leave given to a worker under an employment contract. Nor is it in addition to any Bank Holidays.
5.4. The entitlement to paid annual leave, including the right to compensation payments for leave not taken when leaving your job, begins on the first day of employment. The amount of leave which may be taken builds up monthly in advance at the rate of one-twelfth of the annual entitlement each month. Where this calculation does not result in an exact number of days, the amount of leave which maybe taken is rounded up to the next half day.
5.5. The amount of payment to which the Temporary Worker is entitled in respect of such leave is calculated in accordance with and in proportion to the number of hours and the rate per hour which he/she works on Assignments.
5.6. Where the Temporary Worker wishes to take any leave to which he/she is entitled, he/she should notify the Employment Business in writing of the dates of his/her intended absence. The amount of notice which the Temporary Worker is required to give should be at least twice the length of the period of leave he/she wishes to take. Unless the Employment Business informs the Temporary Worker in writing that it is not possible for him/her to take leave on the specified dates, the Temporary Worker shall be entitled to take up his/her notified leave entitlement.
5.7. The Employment Business may, at it’s discretion, require the Temporary Worker by up to one week’s notice to take a Bank holiday or other public holiday as part of his/her paid annual leave entitlement if such days fall during an Assignment.
6.0 SICKNESS ABSENCE
6.1. The Temporary Worker may be eligible for Statutory Sick Pay provided that he/she meets the relevant statutory criteria.
6.2. For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an Assignment and the qualifying day shall be the Wednesday in every week.
7.0 TIME SHEETS
7.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business his/her time sheet duly completed to indicate the number of hours worked by him/her during the preceding week (or such lesser period) and signed by an authorised representative of the Client. Failure to submit a time sheet for hours worked may delay payment for those hours.
7.2 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which he/she is carrying out his/her activities or duties for the Company as part of the Assignment. Time spent travelling to theCompany’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes.
8.0 CONDUCT OF ASSIGNMENTS
8.1. The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he/she does so, during every Assignment and afterwards where appropriate, he/she will:-
a) co-operate with the Client’s staff and accept the direction, supervision and control of any responsible person in the Client’s organisation;
b) observe any relevant rules and regulations of the Client’s establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;
c) unless arrangements have been made to the contrary, conform to the normal hours of work in force at the Client’s establishment;
d) take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be present or affected by his/her actions on the Assignment and comply with the health and safety policies of the Client;
e) not engage in any conduct detrimental to the interests of the Client;
f) not at any time divulge to any person, nor use for his/her own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances
8.2. If the Temporary Worker is unable for any reason to attend work during an Assignment he/she should inform the Client or the Employment Business within one hour of the commencement of the assignment or shift.
9.1 The Employment Business will review your contract after 12 weeks continuous service as defined by section 7 of The Agency Workers Regulation 2010. The Temporary Worker should bring this matter to its attention of the Employment Business if after such a continuous period of 12 weeks no review has been carried out.
10 EQUALITY AND DIVERSITY STATEMENT
10.1 Ashley Stewart Limited is an equal opportunities employer and agency and abides by the spirit and laws of all relevant statutes and in particular The Equality Act 2010.
11.1 Any complaint about these Terms of Business or our services should be in writing and addressed to Ashley Stewart Limited, 4 Margaret Street, London W1W 8RF. We will reply to you within 7 days with information about our complaints handling process. You are also welcome to contact us by telephone on 020 7580 91103.
12.1 The Employment Business or the Client may, without prior notice or liability, instruct the Temporary Worker to end an Assignment at any time.
12.2. The Temporary Worker may terminate an Assignment at any time without prior notice or liability.
12.3 If the Temporary Worker does not inform the Client or the Employment Business (in accordance with clause 8.2 should they be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 9.2 unless the Temporary Worker can show that exceptional circumstances prevented him/her from complying with clause 8.2
12.4 If the Temporary Worker is absent during the course of an Assignment and the contract has not been otherwise terminated, the Employment Business will be entitled to terminate the contract in accordance with clause 9.2 if the work to which the absent worker was assigned is no longer available for the Temporary Worker.
12.5. If the Temporary Worker does not report to the Employment Business or notify his/her availability for work for a period of three weeks, the Employment Business will forward his/her P45 to his/her last known address.
13.1 These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English and Welsh Courts. All disputes are to be resolved by mediation in the first instance.
Signed by the Temporary Worker Date
For Ashley Stewart Ltd (Signature) Date