Terms of Engagement

Terms of Engagement  for PAYE Agency Workers

(contract for services) 

 

SEEK STAFFING LTD ONLINE TERMS OF ENGAGEMENT FOR OUR AGENCY WORKERS


 

Welcome to Seek Staffing Ltd! We are excited to have you join our agency and become a part of our team. As you embark on your journey with us, we want to ensure that you have a clear understanding of your rights, responsibilities, and the terms of engagement. Therefore, it is imperative that you carefully read and comprehend the entirety of the online Terms of Engagement document provided to you.

This document outlines important information regarding your employment relationship with Seek Staffing Ltd, including but not limited to, policies, procedures, and expectations. By signing and dating the form, you acknowledge that you have thoroughly reviewed and understood its contents. Your compliance with these terms is crucial in maintaining a harmonious and productive working environment.

We appreciate your attention to this matter and look forward to a successful partnership together.

 

Terms of Engagement  for PAYE Agency Workers

(contract for services) 

 

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;

“Agency Worker”

means supplied [Agency Worker] the Employment Business to provide services to the Hirer;

“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;

“Assignment Details Form”

means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;

“Calendar Week” 

means any period of 7 days starting with the same day as the first day of the First Assignment

“Conduct Regulations”

means the Conduct of Employment Agencies and Employment Businesses Regulations

“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;

“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

“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;

“Employment Business” 

Seek staffing Limited (registered company no. 12669819) of 124 City Road, Old Street, Capital House, EC1V 2NX

“Engagement” 

means the engagement (including the Agency Worker’s 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, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“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;

“Hirer's Group”

means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006

“Hourly Rate”

means £3 per/hour being the minimum gross rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;

“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;

“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  as permitted by Regulation 10 of the Conduct Regulations;

“Type of Work”  

means Support work/Health Care worker.

“WTR”   

means the Working Time Regulations

 

        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, re-enacted, 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.


2.   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 Worker’s 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 [or in the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981]) (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.

 

        3.2.   The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available, and whilst on an assignment the Agency Worker’s hours of work under this contract will at all times be wholly or mostly variable in accordance with the definition of an Irregular Hours worker under the WTR and agrees that:

 

                   3.2.1.   the suitability of the work to be offered shall be determined solely by the Employment Business; and

                   3.2.2.   Seek Staffing shall incur no liability to the Agency Worker should it fail to offer Assignments  to the Agency Worker.

         3.3.   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 Form setting out the following: 

 

For the purposes of the Conduct Regulations:

 

                   3.3.1.   the identity of the Hirer, and if applicable the nature of their business;

                   3.3.2.   the date the Assignment is to commence and the duration or likely duration of Assignment;

                   3.3.3.   the Type of Work, location and details of hours during which the Agency Worker would be required to work;

                   3.3.4.   the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker;

                   3.3.5.   steps Hirer has taken to prevent any risks to health and safety known to the Hirer in relation to the Assignment;

                   3.3.6.   candidate's required experience, training, qualifications, and  legal  authorizations for the assignment.

 

For the purposes of Section 1 of the Employment Rights Act:

 

                    3.3.7.   any other paid leave such as maternity, paternity or adoption leave;

                    3.3.8.   the details of pension entitlements and pensions schemes; and

                    3.3.9.   any other benefits

 

         3.4.  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:

 

                    3.4.1.  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  

                    3.4.2.  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. 

 

         3.5.  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.        


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:

 

                  4.1.1.   co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;

                  4.1.2.   observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to 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, 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.

 


5.   TIMESHEETS


        5.1.  At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.

 

        5.2.    Subject to clause 5.3, the 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. 

 

        5.3.    Where the Agency Worker does not submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business will not pay the Agency Worker for hours not worked.


6.   PAY AND DEDUCTIONS


        6.1.    For 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.

 

        6.2.    The Hourly Rate, Actual Pay of Rate as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed


7.   ANNUAL LEAVE


        7.1.    The 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.

 

        7.2.    The Agency Worker’s 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.


8.   TERMINATION


        8.1.   Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

 

        8.2.    The 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 (except for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

 

        8.3.    If 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 this will be treated as termination of the Assignment by the Agency Worker  unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with 

 

        8.3.    If the Agency Worker is absent during an Assignment and the Assignment has not been otherwise terminated the Employment Business will be entitled to terminate the Assignment in accordance if the work to which the Agency Worker was assigned is no longer available.

 


9.   INTELECTUAL 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 to give effect to its rights pursuant to this clause.


10.   CONFIDENTIALITY


        10.1.   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:

 

                    10.1.1    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;

                    10.1.2.   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

                    10.1.3.   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.


11.   DATA PROTECTION


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.   NOTICES


All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.


13.   GOVERNING LAW AND JURISDICTION


These Terms are governed by the law of England & Wales/Scotland/ Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland.


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