(“the Employee”), referred to throughout this Agreement as "you" and "your" shall be construed accordingly.
The Staffing Network Limited, 1 Church Street, Stourbridge, West Midlands, DY8 1LY - Company Registration 09445892 ("the Company")
DEFINITIONS AND INTERPRETATION
In this Agreement the following definitions apply:
“Agreed Deductions” means any deductions the Employee has agreed can be made from their pay;
“Assignment” means assignment services to be performed by the Employee for the Client for a period of time during which the Employee is assigned by the Company to work temporarily for and under the supervision and direction of the Client;
“Assignment Details Form” means written confirmation of the assignment details to be given to the Employee upon acceptance of an Assignment;
“AWR” means the Agency Workers Regulations
"Basic Pay" means basic pay whether by way of annual salary, payments for actual time worked or by reference to output and shall not include any bonuses or commission or overtime;
"Between Assignments Week" means any period of seven days starting with the same day as the first day of the first Assignment under this Agreement;
"Calendar Week" means any period of seven days starting with the same day as the first day of the First Assignment;
“Client” 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 Employee is assigned or introduced by the Company;
“Client's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Client, 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 Client, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
“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;
“Engagement” means the engagement (including the Employee’s acceptance of the Client’s offer), employment or use of the Employee by the Client or by any third party to whom the Employee has been introduced by the Client on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; or through any other employment business; or through a limited company of which the Employee is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“First Assignment” means:
the relevant Assignment; or
if, prior to the relevant Assignment:
the Employee has worked in any assignment in the same role with the relevant Client as the role in which the Employee works in the relevant Assignment; and
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 Employee is supplied by one or more Temporary Work Agencies to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client);
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Employee is supplied by one or more Temporary Work Agencies to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client in the same role, and as further defined in the Schedule to this Agreement;
“Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Employee worked for the Client having been supplied by the Company; or (b) the period of 14 weeks commencing on the first day on which the Employee worked for the Client having been supplied by Company 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 this Agreement;
“WTR” means the Working Time Regulations 1998
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
The headings contained in this Agreement are for convenience only and do not affect their interpretation.
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 commencement date of this Agreement) and all subordinate legislation made (before or after this Agreement) under it from time to time.
This Agreement is issued in accordance with section 1 of the Employment Rights Act 1996 and is to be supplemented by the Assignment Details Form and which together form your contract of employment between you and the Company. If there is any conflict between the terms of this Agreement and the terms of any relevant Assignment Details Form, the terms of the relevant Assignment Details Form shall take precedence.
This Agreement and all relevant Assignment Details Forms constitute a permanent contract of employment. During the currency of this Agreement and any such Assignment Details Form, you shall have no entitlement to the rights conferred by Regulation 5 of the AWR insofar as those rights relate to "pay". This Agreement and any Assignment Details Forms do not affect any other rights and entitlements you may benefit from under the AWR.
Any prior agreements or arrangements (written or oral, express or implied) between you and the Company relating to or arising out of your employment other than any Assignment Details Forms are hereby cancelled and superseded by this Agreement.
Any reference, express or implied, to an enactment within this Agreement 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 this Agreement) and all subordinate legislation made (before or after this Agreement) under it from time to time
No variation or alteration to this Agreement shall be valid unless the details of such variation are agreed between you and the Company and set out in writing and a copy of the varied terms is given to you stating the date on or after which such varied terms shall apply.
The Company shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying you for Assignments with Clients.
COMMENCEMENT AND DURATION OF EMPLOYMENT
You will be engaged under a contract of employment and your employment under this Agreement will begin on the commencement date of your first Assignment as specified in the first relevant Assignment Details Form and will continue unless and until terminated in accordance with the notice provisions at clause 13 below. The first 6 months of your employment will be a probationary period.
Your period of continuous employment with the Company will begin on the date your employment begins as set out in sub-clause 3.1 above and no other previous period of work with the Company or any third party counts towards your continuous employment.
JOB TITLE AND DUTIES
Your job title will be confirmed in each Assignment Details Form.
Your normal duties will entail you being assigned to various Clients of the Company who have requested the Company to provide them with temporary assistance carrying out industrial, production, cleaning and warehouse duties. There are no specific qualifications or experience required for this role unless specified in the assignment details. Further details of each Assignment will be confirmed to you in relevant Assignment Details Forms.
As soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at the Company’s request you undertake to:
4.3.1.inform the Company of any Calendar Weeks in which you have worked in the same or a similar role with the relevant Client via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which you believe count or may count toward the Qualifying Period and to provide the Company 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 Company; and
4.3.2.inform the Company if you have prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because you have:
completed two or more assignments with the relevant Client;
completed at least one assignment with the Client and one or more earlier assignments with any member of the Client’s Group; and/or
worked in more than two roles during an assignment with the Client and on at least two occasions worked in a role that was not the same role as the previous role.
The Company will take reasonable steps to find you suitable work with its Clients and you agree to accept all such Assignments offered to you by the Company. You agree that any Assignments that fall within the scope of clause 4.2 will be suitable for these purposes. In the event that you refuse to accept Assignments deemed to be suitable and offered to you, you will be deemed not to be “available” for work and therefore not entitled to pay between Assignments under clause 7.2 below. The Company may also be entitled to terminate your employment in accordance with clause 13 below. Your refusal of a suitable Assignment may constitute gross misconduct under the Company’s disciplinary procedure entitling the Company to terminate your employment with immediate effect pursuant to clause 13.4 below.
In the event that the Company is unable to assign you to any of its Clients for any period of time, you must call the office on the number at the end of this contract each day between Assignments [excluding weekends] to report your availability. If you do not report in as required, the Company shall be under no obligation to pay you for such days and you shall be deemed not to be “available” for work. You must notify the Company immediately if you are not available to undertake Assignments at any time during the period of this Agreement and shall comply fully with any notification requirements specified by the Company in this regard. Failure to notify the Company of your unavailability shall constitute a disciplinary offence because you may receive payment to which you are not entitled and any such failure may result in the termination of your employment with immediate effect pursuant to clause 13.4 below.
While you are on Assignment with any of the Company’s Clients you shall:
4.6.1.co-operate with the Client’s staff and accept the direction, supervision and instruction of any responsible person in the Client’s organisation;
4.6.2.follow any of the Client’s rules and regulations, including without limitation those regarding health and safety, to which your attention has been drawn;
4.6.3.not engage in any conduct detrimental to the interests of the Company and/or the Client which includes any conduct which could bring the Company and/or the Client into disrepute and/or which results in the loss of custom or business by either the Company or the Client;
4.6.4.not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Company's or the Client's staff;
4.6.5.not at any time divulge to any person, nor use for your own or any other person’s benefit, any Confidential Information relating to the Client’s or the Company's employees, business affairs, transactions or finances; or
on completion of the Assignment or at any time when requested by the Client or the Company, return to the Client or where appropriate, to the Company, any Client property or items provided to you 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.
During the period of each and every Assignment, you must devote the whole of your time, attention and abilities during your normal hours of work to your duties for the Company. You may not, under any circumstances, undertake any other duties of whatever kind for any third party during your normal hours of work on any Assignment for the Company without the prior written consent of the Company. Such consent will not normally be withheld provided that the other work is not, in the opinion of the Company, likely to cause you to breach the terms of this Agreement and/or any relevant Assignment Details Form.
If, before or during an Assignment or during the Relevant Period, the Client wishes to Engage you directly or through another employment business, you acknowledge that the Company will be entitled either to charge the Client a fee or to agree an extension of the Assignment with the Client at the end of which you may be engaged directly by the Client or through another employment business without further charge to the Client. In addition, the Company will be entitled to charge a fee to the Client if the Client introduces you to a third party who subsequently engages you within the aforementioned periods.
LOCATION OF WORK
You will be required to work for Clients of the Company at various locations within the Bristol and South West area. The exact address of each Assignment will be confirmed to you in the relevant Assignment Details Form. Assignments outside of this area may be offered to you by the Company. For the avoidance of doubt, the Company regards total daily commuting time of under 3 hours to be reasonable.
PAY AND DEDUCTIONS
During periods when you are carrying out Assignments for Clients of the Company you will be paid remuneration calculated at the minimum hourly rate as listed on page 1 of this application pack for your age which is the minimum rate of remuneration that the Company reasonably expects to achieve for the type of work you are doing. The exact amount of your pay for any particular Assignment will be set out in the relevant Assignment Details Form.
Subject to the Company’s right to terminate this Agreement on notice under clause 13, when you are not carrying out an Assignment but are available to do so you will be entitled to Minimum Pay (as defined in clause 7.3) for each complete Between Assignments Week so spent. Subject always to you being available for work on Assignment during any such period, Minimum Pay will accrue with effect from the commencement of the Between Assignments Week immediately following the end of an Assignment and shall be payable in accordance with clause 7.4 for an aggregate period of not less than four Between Assignments Weeks during your employment under this Agreement, unless you give notice to terminate your employment under this Agreement before payment for such aggregate period has been satisfied. You are not entitled to receive Minimum Pay for periods of less than one Between Assignments Week spent out of Assignment and as such Minimum Pay will not be pro-rated.
“Minimum Pay” for the purpose of this clause 7 shall be not less than 50% of the highest weekly Basic Pay paid to you at any point in the 12 weeks immediately preceding the end of your most recent Assignment via the Company or during your most recent Assignment via the Company if it lasted for 12 or fewer weeks and in any event shall be not less than the sum total of the number of hours you worked on Assignment during the week for which you received the highest weekly Basic Pay at the prevailing national minimum wage rate under the National Minimum Wage Regulations 1999.
Your pay and any Minimum Pay will be paid weekly in arrears by credit transfer on Friday. Late presentation of timesheets may delay the Company in making payment to you.
7.5.Your pay and any Minimum Pay is subject to any Agreed Deductions and any deductions which the Company 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.
Subject to compliance with Regulation 12 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 the Company reserves the right in its absolute discretion to deduct from your pay any sums which you may owe the Company including, without limitation, any overpayments or loans made to you by the Company or losses suffered by the Company as a result of your negligence or breach of Company rules.
If the Company provides you with equipment or clothing to be used in the course of an Assignment with the Client, you must take reasonable care of the equipment or clothing. Furthermore, you must return any equipment or clothing to the Company upon termination of the Terms or within 3 days of a request from the Company. In the event that you do not comply with the obligations set out in this clause, the Company reserves the right to deduct the cost of replacement equipment or clothing from any sums owed to you. The question of whether you have taken reasonable care of the equipment or clothing will be solely assessed by the Company’s reasonable judgement.
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) You shall deliver to the Company 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 Client.
Subject to the provisions of clause 8.3, the Company shall pay you for all hours worked (or payment otherwise payable pursuant to clause 7.2) regardless of whether the Company has received payment from the Client.
Where you fail to submit a properly authenticated timesheet the Company shall, in a timely fashion, conduct further investigations into the hours claimed by you and the reasons that the Client has refused to sign a timesheet in respect of those hours. This may delay any payment due to you. The Company shall make no payment to you for hours claimed but not worked and you may be subject to the Company’s disciplinary procedure if you seek payment for hours you have not worked.
HOURS OF WORK
Whilst on Assignment, you will be required to work such hours as are set out in the relevant Assignment Details Form and in any event the normal hours of work required by the Client. The minimum number of hours you will be offered per week by the Company during any Assignment will be 8. The maximum number of hours you will be expected to work per week during any Assignment will be 48 hours, unless you agree to opt out of the maximum weekly working time limit under the WTR in which case the maximum number of hours you will be expected to work per week during any Assignment will be 60 although you are free to choose to work hours in excess of the maximum expectation if you so wish.
You may be offered overtime in addition to your normal hours of work by the Company or the Client. If this is the case, you may receive additional payment for such overtime hours worked.
Subject to any amendments made to your basic working and employment conditions during the term of this Agreement in compliance with Regulation 5 of the AWR, time spent travelling to and from the premises of the Company or its Clients (apart from time spent travelling between two or more premises of the Client), lunch breaks and other rest breaks shall not count as part of your working time for the purpose of the WTR.
If you are 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 preferential to rights and entitlements relating to the same under the WTR 1998, any such terms and conditions and the date from which they commence will be as set out in the Assignment Details Form or any amendments thereto.
For the purposes of calculating entitlement to paid annual leave pursuant to the WTR 1998 under this clause, the leave year commences on the date that you start your first Assignment under this Agreement.
You are entitled to paid annual leave of the statutory minimum entitlement under the WTR. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks (pro-rated for part-time workers).
Under the AWR, you may be entitled to unpaid annual leave in addition to your entitlement to paid annual leave under the WTR. If this is the case, any such entitlement(s) and the date from which any such entitlement(s) will commence will be as set out in the relevant Assignment Details Form or any amendment thereto.
Unless stated otherwise in the Assignment Details Form, all entitlement to annual leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. You are responsible for ensuring that all paid annual leave is requested and taken within the relevant leave year.
Unless stated otherwise in the Assignment Details Form, if you wish to take paid annual leave you should request such annual leave in writing from the Company, setting out the dates of your intended absence providing notice of at least twice the length of the period of leave that you wish to take. The Company may accept or decline your request depending on the operational requirements of the Client for whom you are carrying out an Assignment. Following any booking of annual leave, the Company may give a counter-notice to you to postpone or reduce the amount of leave that you wish to take and unless stated otherwise in the Assignment Details Form, in such circumstances the Company will inform you in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
Subject to clause 10.3 and unless otherwise stated in the Assignment Details Form, during the first 12 months of employment your entitlement to paid annual leave shall accrue in proportion to the length of your employment. The amount of payment which you will receive in respect of periods of annual leave will be calculated in accordance with and paid in proportion to the number of hours which you have worked on Assignment. You may not take more than 2 weeks’ holiday in any one-month period, nor may you during your first 12 months of employment take holiday, which has not accrued.
10.7.Save where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls on a working day and you do not work on that day, then subject to you having accrued entitlement to payment for leave in accordance with clause 10.6 (or clause 10.3, if applicable) you may, upon giving one week’s notice, take a bank holiday or other public holiday as part of your paid annual leave entitlement.
Upon termination of your employment, your holiday entitlement for that leave year shall be in direct proportion to the period employed in that leave year and you shall be paid in lieu of any holiday entitlement that was accrued but not taken at the date of termination of employment, or, as the case may be, you shall repay to the Company an amount in respect of any holiday periods taken in excess of your holiday entitlement for that year and you hereby authorise the Company to take repayment of such monies by way of deduction from any final payment owed to you.
11. NOTIFICATION OF ABSENCES AND SICK PAY
If you are unable to attend work for any reason and your absence has not previously been authorised by the Company, you must inform the Company of the fact of your absence and the full reasons for it by 09.00 on each working day of absence. Once you have been absent for a total of 7 days including weekends you must provide the Company with a medical certificate or statement of fitness for work on the eighth day of sickness or injury if your absence is medically related. Thereafter, medical certificates or statements of fitness for work must be provided to the Company to cover any continued medical related absence. If, on a medical certificate or statement of fitness for work, your doctor recommends any adjustments to your duties, hours or working conditions to facilitate a return to work, you are required to co-operate with the Company regarding the possible implementation of such changes, notwithstanding the fact that the advice on a statement of fitness for work is not binding on the Company.
Immediately following your return to work after a period of absence which has not previously been authorised by the Company you are required to complete a self-certification form (irrespective of whether you have a medical certificate or statement of fitness for work to cover part or all of the period of absence) stating the dates of and the reason for your absence, including details of sickness on non-working days as this information is required by the Company for calculating Statutory Sick Pay entitlement. Self-certification forms will be retained in the Company’s records.
If you are absent from work due to sickness or injury and comply with the requirements of this clause, you will be paid statutory sick pay (SSP) in accordance with the provisions of the Social Security Contributions & Benefits Act 1992. For SSP purposes your qualifying days are your contracted working days.
The Company may at its sole discretion make payments in addition to SSP.
12.1.As at the date of this Agreement, there is no pension scheme in force in relation to your employment but the Company will comply with any statutory obligation in relation pension provision. A contracting-out certificate (issued in accordance with Chapter 1 of Part III of the Pension Schemes Act 1993) is not in force in respect of your employment.
The Company may vary this clause in order to comply with any statutory obligations it may have in the future.
NOTICE TO TERMINATE EMPLOYMENT
13.1.The period of notice to be given in writing by the Company to you to terminate your employment under this Agreement is as follows:
13.1.1.one week’s notice if you have been continuously employed for one month or more but less than two years; followed by
13.1.2.one week’s notice for each completed year of continuous service up to a maximum of 12 weeks’ notice after 12 years’ continuous service.
13.2.Subject to clause 13.3, the period of notice to be given in writing by you to the Company to terminate your employment under this Agreement is one week.
13.3.If you have been employed for less than one month no notice is required from either party to terminate your employment under this Agreement.
13.4.The Company can terminate your employment under this Agreement subject to compliance with any of its outstanding obligations under clause 7.2 above, if applicable.
13.5.In the event that you are found to have committed an act of gross misconduct the Company will be entitled to terminate your employment without notice or pay in lieu of notice and will not need to comply with any outstanding obligations under clause 7.2.
DISCIPLINARY AND GRIEVANCE PROCEDURES
Details regarding the Company’s grievance, disciplinary and dismissal procedures are annexed to this Agreement (Appendix 1). However, such procedures are non-contractual.
The Company expressly reserves the right to suspend you from employment pending investigation and any further action in relation to any disciplinary or related matters, for such period as it considers appropriate or until any disciplinary process has been completed.
If, either before or during the course of an Assignment, you become aware of any reason why you may not be suitable for an Assignment, you shall notify the Company without delay. A failure to notify the Company under this clause shall constitute a disciplinary offence.
The Company will reimburse to you all expenses properly incurred by you in the proper performance of your duties, provided that you seek prior authorisation to incur those expenses and provide the Company with such receipts or other evidence of actual payment of such expenses as the Company may reasonably require.
The Company will not usually reimburse you for travelling expenses incurred to and from your place of employment.
You must not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its Clients or any of their business associates or in respect of which the Company or any of its Clients owes an obligation of confidence to any third party either during or after your employment except in the proper course of your employment or as required by law.
You must not remove any documents or tangible items which belong to the Company or its Clients which contain any confidential information from either the Company’s or the Client’s premises at any time without proper advance authorisation.
You must return to the Company upon request and, in any event, upon the termination of your employment, all property belonging to the Company or any of its Clients or any of their business associates including without limitation all documents and tangible items including those which contain or refer to any confidential information and which are in your possession or under your control.
HEALTH AND SAFETY AT WORK
The Company will take all reasonably practicable steps to ensure your health, safety and welfare while at work.
During every Assignment you will take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions on the Assignment and comply with the health and safety policies and procedures of the Client.
You agree that by signing this Agreement you have consented to the Company processing personal data about you in order to properly fulfil its obligations under this Agreement and as otherwise required by law in relation to your employment in accordance with the Data Protection Act 1998. Such processing will principally be for personnel, administrative and payroll purposes.
If any of the provisions of this Agreement shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Agreement, which shall continue to be valid to the fullest extent permitted by applicable laws.
All notices which are required to be given in accordance with this Agreement 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 or facsimile transmission. 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 or facsimile transmission, when that email or facsimile is sent.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed and construed in all respects by English law and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales.