THE PARTIES
(1) of , , , (“the , referred to throughout this Agreement as "you" and "your" shall be construed accordingly.
(2) Take Quadrant On Ltd , registered company number 1181 0616, of 27 Kingly Street, London, W1B 5QE ("the Company").
1.1. In this Agreement the following definitions apply:
means, unless and until the Employee has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;
means the rate of pay which will be paid to the Employee if and when s/he completes the Qualifying Period. Such rate will be paid for all time worked during an Assignment weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in any variation to the relevant Assignment Details Form;
means any deductions the Employee has agreed can be made from their pay;
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;
means the Agency Workers Regulations
means any period of seven days starting with the same day as the first day of the First Assignment;
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 and the hirer at the place of business where you work;
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;
means the Conduct of Employment Agencies and Employment Businesses Regulations 2003
“Confidential Information”
means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Client or Company or their business or affairs (including but not limited to this Agreement, 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 Employee or any third party in relation to the Assignment by the Client or the Company or by a third party on behalf of the Client whether before or after the date of this Agreement together with any reproductions of such information in any form or medium or any part(s) of such information;
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;
means the Data Protection Act 1998, the General Data Protection Regulation and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
means any deductions which the Company may be required by law to make and in particular in respect of PAYE income tax and National Insurance Contributions;
means any pay in addition to the Actual QP Rate of Pay;
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; under an agency, licence, franchise or partnership agreement; or any other engagement; 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;
means:
(i) 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
(ii) 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);
means £ the minimum gross rate of pay (subject to Deductions and any Agreed Deductions) that the Company reasonably expects to achieve, for all hours worked by the Employee;
means the period during which the Employee accrues and may take statutory leave commencing 1st April each financial year and runs until the anniversary of that date;
“Period of Extended Hire”
means any additional period that the Client wishes the Employee to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
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;
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;
means as defined in the Schedule to this Agreement;
means the fee payable by the Client to the Company in accordance with clause 5.2, as permitted by Regulation 10 of the Conduct Regulations; and
means the Working Time Regulations 1998
1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in this Agreement 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 commencement date of this Agreement) and all subordinate legislation made (before or after this Agreement) under it from time to time.
2. THE CONTRACT
2.1. 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.
2.2. 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.
2.3. 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.
2.4. 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.
2.5. 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.
3. COMMENCEMENT AND DURATION OF EMPLOYMENT
3.1. 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, validated by your first payslip as specified in the first relevant Assignment Details Form and will continue unless and until terminated in accordance with the notice provisions at clause 14 below.
3.2. Your period of continuous employment for the purposes of the Employment Rights Act 1996 began on .
4. JOB TITLE AND DUTIES
4.1. Your job title will be confirmed in each Assignment Details Form.
4.2. Your normal duties will entail you being assigned to various Clients of the Company who have requested the Company to provide them with . Further details of each Assignment will be confirmed to you in relevant Assignment Details Forms.
4.3. 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 prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which you have worked in the same or a similar role with the relevant Client via any third party and which you believe count or may count toward the Qualifying Period; and
4.3.2. 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
4.3.3. 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 towards the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR:
4.3.3.1. completed two or more assignments with the Client;
4.3.3.2. completed at least one assignment with the Client and one or more earlier assignments with any member of the Client's Group; and/or
4.3.3.3. 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.
4.4. 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. The Company may be entitled to terminate your employment on notice in accordance with clause 14 below if you refuse to accept suitable Assignments. Your refusal of a suitable Assignment may, depending on the circumstances, constitute gross misconduct under the Company's disciplinary procedure entitling the Company to terminate your employment with immediate effect pursuant to clause 14.4 below.
4.5. In the event that the Company is unable to assign you to any of its Clients for any period of time, you agree that you will remain contactable by telephone so that the Company can offer you suitable work as soon as it becomes available. For the avoidance of doubt, you are not prohibited from taking up other work under any other contract or arrangement with third parties, nor are you required to seek consent from the Company to do so. However, for operational reasons you must ensure that the Company is kept informed of when you are and are not available to accept an Assignment from the Company. You must notify the Company immediately if you are not available to undertake Assignments at any time during the period of this Agreement and you must 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 14.4 below.
4.6. 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;
4.6.6. comply strictly with the Data Protection Laws and shall not do or permit to be done anything which might cause the Company or the Client to breach any Data Protection Laws; and
4.6.7. 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.
5. OTHER EMPLOYMENT
5.1. 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. If during the course of this Agreement you accept other work under any other contract or arrangement with any other party you must ensure that you continue to comply with the terms of this Agreement, including but not limited to, clause 17.1.
5.2. 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 a Period of Extended Hire 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.
6. INFORMATION TO BE PROVIDED
6.1. At the same time as an Assignment is offered to you the Company shall provide you with an Assignment Details Form setting out the following:
6.1.1. the identity of the Client, and if applicable the nature of their business;
6.1.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
6.1.3. the type of work, location and hours during which you would be required to work;
6.1.4. the Actual Rate of Pay or Actual QP Rate of Pay (as appropriate) that will be paid and any expenses payable by or to you;
6.1.5. any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and
6.1.6. what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.
6.2. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following save where:
6.2.1. you are being offered an Assignment in the same position as one in which you have previously been supplied within the previous 5 business days and such information has already been given to you and remains unchanged; or
6.2.2. subject to clause 6.3, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to you before and remains unchanged, the Company needs only to provide written confirmation of the identity of the Client and the likely duration of the Assignment.
6.3. Where the provisions of clause 6.2.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Company shall provide such information set out in clause 6.1 to you in paper or electronic form within 8 days of the start of the Assignment.
6.4. For the purpose of calculating the average number of weekly hours worked by you on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which you commence the first Assignment.
6.5. If you have completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if 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 different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
7. LOCATION OF WORK
You will be required to work for Clients of the Company at various locations within the Greater London 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.
8. PAY
8.1. During periods when you are carrying out Assignments for Clients of the Company you will be paid the Hourly Rate. The exact amount of your pay (the Actual Rate of Pay) for any particular Assignment will be set out in the Relevant Assignment Details Form.
8.2. If you have completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Company shall pay you:
8.2.1. the Actual QP Rate of Pay; and
8.2.2. the Emoluments (if any),
which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
8.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 11 and 12 below and any other statutory entitlement, you will not be entitled to be paid during rest periods, lunch breaks, time spent travelling to and from work and during periods when you are not working on an Assignment (including periods when the Company has been unable to find you an Assignment or you have chosen not to accept any Assignment offered to you).
8.4. Your pay will be paid weekly in arrears by credit transfer on Fridays. Late presentation of timesheets may delay the Company in making payment to you.
8.5. 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.
8.6. 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 (whether made as a result of the Employment Business’s mistake or as a result of the Agency Worker’s submission of an incorrect (including fraudulent) timesheet) 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 or this Agreement.
8.7. If the Company provides you with any 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 this Agreement 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.
8.8. Subject to your compliance with the terms of this Agreement; completion of work on an Assignment and provided we receive any allocated qualifying tips and service charges from Client’s (the hirer at the place of business where you are working or worked), we will pass on the qualifying tips and service charges received, without any deductions, except for deductions relating to income tax and National Insurance Contributions (“NIC”). The Client shall be responsible for distributing tips and service charges due to you as agency workers in a fair and transparent manner in accordance with their obligations, and we will ensure that any qualifying tips and service charges received are passed on in accordance with our policy on Tips, Gratuities and Service Charges. Any tips and/or service charges received from the Client will be paid to you before the end of the month after the month in which the Company is paid by the Client.
9. TIMESHEETS
9.1. 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) 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.
9.2. Subject to the provisions of clause 9.3, the Company shall pay you for all hours worked regardless of whether the Company has received payment from the Client, providing Take Quadrant On Receives your timesheet from the client.
9.3. 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.
10. HOURS OF WORK
10.1. 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.
10.2. You may be required to work/offered overtime in addition to your normal hours of work if instructed to do so by the Company or the Client. If this is the case it will be stated in the relevant Assignment Details Form and you may/will receive additional payment.
10.3. 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 and periods during which the Company is not able to offer you any Assignments shall not count as part of your working time for the purpose of the WTR.
10.4. 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, 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.
11. ANNUAL LEAVE
11.1. You are entitled to paid annual leave according to the statutory minimum entitlement under the WTR. The current statutory entitlement to paid annual leave under the WTR is 28 days per year including National Bank Holidays (pro-rated for part-time workers).
11.2. Entitlement to payment for leave under clause 11.1 accrues in proportion to the amount of time worked by you on Assignment during the Leave Year.
11.3. Under the AWR, on completion of the Qualifying Period you may be entitled to paid or unpaid annual leave in addition to your entitlement to paid annual leave under the WTR and in accordance with clauses 11.1 and 11.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
11.4. All entitlement to annual leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, 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.
11.5. 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. after 12 years’ continuous service.
14.2. Subject to clause 14.3, the period of notice to be given in writing by you to the Company to terminate your employment under this Agreement is one week.
14.3. If you have been employed for less than one month no notice is required from either party to terminate your employment under this Agreement.
14.4. 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.
15. DISCIPLINARY AND GRIEVANCE PROCEDURES
15.1. Details regarding the Company’s grievance, disciplinary and dismissal procedures are annexed to this Agreement (Appendix 1). However, such procedures are non-contractual.
15.2. 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.
15.3. 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.
16. EXPENSES
16.1. The Company will reimburse to you all expenses properly incurred by you in the proper performance of your duties, provided that you provide the Company with such receipts or other evidence of actual payment of such expenses as the Company may reasonably require.
16.2. The Company will not usually reimburse you for travelling expenses incurred to and from your place of employment.
17. CONFIDENTIALITY
17.1. 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.
17.2. 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.
17.3. 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.
18. HEALTH AND SAFETY AT WORK
18.1. The Company will take all reasonably practicable steps to ensure your health, safety and welfare while at work.
18.2. 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.
19. DATA PROTECTION
You acknowledge that the Company must process 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 Laws. Such processing will principally be for personnel, administrative and payroll purposes.
19. SEVERABILITY
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.
20. NOTICES
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, 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.
21. JURISDICTION AND GOVERNING LAW
This Agreement shall be governed and construed in all respects by English/Scottish/ Northern Irish law and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of England and Wales/Scotland/ Northern Ireland.
The parties to this Agreement have read understood and agree to be bound by its terms.
I confirm that I am not subject to any legal restraints which affect my ability to perform my duties under this Agreement.
, , ,
Signed by the employee
Date:
