Agency Worker Contract for Services

AGENCY WORKER 

Harchar Ltd t/a St Johns Staff Hire (Agency employment business) 

Contract for Services 

This Statement, together with the attached Policies and Procedures, set out particulars of the main terms between:

Harchar Limited t/a St John’s Staff Hire (hereinafter referred to as the “company” or the “agency employment business”) 

And

      (hereinafter referred to as the “agency worker” or “you”).

JOB TITLE

We will endeavour to find assignments for you as Client Services Executive. We will endeavour to find operational work for you.

NATURE OF ENGAGEMENT

The company will act as an agency employment business in respect of this agreement and will endeavour to find assignments for you.

The Employment Agencies Act 1973 prohibits the agency employment business from charging you a fee in respect of this work finding service.

For the avoidance of doubt, you are engaged as temporary Agency Worker. This Statement and any attachments or particular assignment schedules do not constitute a contract of employment between you and the agency employment business. You are not an employee of the agency employment business.

Your engagement begins on .   No other period of engagement preceding this one is taken into account.  

No contract shall exist between the agency employment business and yourself in periods between agreed work assignments.

PROBATIONARY PERIOD 

There is no probationary period as part of your engagement as an agency worker.

PLACE OF WORK – various client sites

Any work that you accept from the agency employment business will be carried out at sites of our client. The exact location of the assignment will be notified to you at the relevant time. You will not be required to work outside the United Kingdom.

HOURS OF WORK – work offers may involve any 24 hour per MONDAY TO SUNDAY

Work assignments will be offered to you on an "ad hoc" basis as and when the agency employment business matches you with suitable clients. You are free to accept or decline such assignments.  You are not guaranteed continuous work and we are under no obligation to offer you further assignments. 

Although you are free to engage in other work, if you already have or are considering any additional work, you should notify the agency employment business so that any implications arising from the current working time legislation can be discussed.

Assignments may be offered to you on an hourly, daily, weekly, or other basis.  

Your normal hours of work are over any 24 hour period over Monday to Sunday and these hours and days are not variable. Your lunch break will be determined at the start of each assignment; however, we guarantee it will comply with the provisions of the Working Time Regulations 1998 (as amended).

The agency employment business will notify you of the days and hours that you will be offered to work in advance of each assignment.

Attendance at work assignments will be in accordance with the assignment schedule for that particular assignment. When you have agreed to attend a work assignment and are unable to do so, you are required to notify Richard Downes, Managing Director immediately.

PAYMENT

The agency employment business reasonably expects to achieve a minimum of £10.20 per hour for you. However, your actual payment in respect of any particular assignment may be more or less than the above amount and you will be notified of the applicable rate when you are offered any particular assignment.

You will be paid in respect of work done regardless of whether or not the agency employment business receives payment from the client to whom you are assigned.

You will become entitled to equal treatment under the Agency Workers Regulations 2010 statutory instrument with regard to pay after you have accrued twelve weeks in a prescribed role with a client organisation. Where this is the case, you will be advised separately of the relevant rate at the appropriate time. Please note that equal treatment does not relate to all aspects of pay, terms and conditions.

Payment will be made weekly in arrears by bank credit transfer subject to and following the submission of a correctly completed time sheet.  Statutory deductions such as income tax and NI contributions will be made from the payments.

Non-submission or incorrectly completed documentation may result in delayed payment. Any queries regarding payment should be raised with Richard Downes, Managing Director.

COLLECTIVE AGREEMENTS

No collective agreements directly affect the terms upon which you are engaged.

BENEFITS – 

In addition to any which may be mentioned elsewhere in this statement, your position has the benefit of:

1. 40% discount off stays at St John’s Lodge Guest House Windermere subject to approval from Richard Downes, Managing Director.

The details included at above do not form part of your contract for services and may be amended or withdrawn at any time. 

SICKNESS ABSENCE 

You will not receive payment in relation to any periods in relation to sickness absence.

Any absence, for whatever reason, whilst on an agreed assignment must be reported at the earliest opportunity on the day in question to enable alternative arrangements to be made. Notification should be made to your main client contact and Richard Downes, Managing Director in advance of the start of your planned shift.

STATUTORY ANNUAL LEAVE

Your holiday will be paid as rolled up holiday at 12.07% based on hours worked.   In order to demonstrate the clear payment of holiday pay a separate entry will be made on the employee’s payslip with a clear record kept of holiday paid.  

You should give at least ten days written notice of your intention to take holidays and seven days written notice is required for odd single days. Such notice should be given to Richard Downes, Managing Director. 

You will become entitled to equal treatment in relation to annual leave entitlement under the Agency Workers Regulations 2010 after you have accrued twelve weeks in a particular role with a client organisation. Where this is the case, you will be advised separately of the relevant entitlement at the appropriate time.

OTHER PAID LEAVE

You are not entitled to any further paid leave other than that which is covered elsewhere in this document.

TRAINING 

You have no contractual right although the agency employment business may offer you ad hoc training opportunities relevant to your role.

INFORMATION ABOUT PREVIOUS ASSIGNMENTS

You shall inform us at the earliest possible opportunity prior to an assignment, or during each assignment, of any instances where you have worked in the past two years, in the same or similar role with the client or any member of the client’s group with whom we have placed you for assignment, via a third party. You shall provide us with details of such work and the periods during which it was carried out. You will comply with any reasonable requests we make for the provision of such information. 

HEALTH & SAFETY AT WORK

Under Health and Safety legislation each individual has a legal responsibility for their own welfare and for the health and safety of others.  You must take all reasonable steps to safeguard your own safety and the safety of any other person who may be present and comply with the health and safety policies of any client to whom you are assigned. 

EQUALITY, INCLUSION AND DIVERSITY POLICY

The agency employment business is committed to the principle of equality regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.  Policies will be applied that are fair, equitable and consistent with skills and abilities.  You have a duty to support the agency employment business in implementing these policies to ensure equality of opportunity.

GENERAL STANDARDS

You are under no obligation to accept an offer of an assignment, but if you do so, you agree, during every assignment and afterwards as appropriate, to observe the following conditions: 

1. On attending a client’s establishment, you will observe any specific instructions given regarding standards of dress. Where no specific instructions have been given, you should present a professional image and wear clothes appropriate to the responsibilities of your assignment.

1. You will familiarise yourself with and observe any rules and regulations of the client’s establishment, particularly with regard to use of any computer equipment, client telephones and personal mobile phones.

1. You will not engage in any conduct detrimental to the interests of the client or the agency employment business.

1. You will co-operate with the client’s staff and accept the direction, instruction and supervision of any responsible person in the client’s establishment.

1. You will 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 agency employment business’ transactions, finances, customers, employees or business affairs.

STANDARDS OF BEHAVIOUR/PERFORMANCE

We expect certain standards from you in respect of your behaviour and performance. If we have concerns over your behaviour or performance, we may address this with a view to enabling improvement, or, in certain circumstances, we will terminate the engagement with or without notice. You can find more information on these later on under “Standards of Behaviour” and “Standards of Performance”.

If you have any concerns about any decisions taken in respect of your behaviour or performance, you should speak to Richard Downes, Managing Director within 5 days of the decision being conveyed to you.

COMPLAINTS PROCEDURE

If you have any complaints about your engagement, you should raise these with Richard Downes, Managing Director. You can find more information on this later on under “Complaints”.

COMPLAINING ABOUT DISCRIMINATION OR HARASSMENT

If you believe you are the victim of minor discrimination or harassment you should first make it clear to the discriminator/harasser that their behaviour is unwelcome and politely ask them to stop.  If you feel unable to do this, or if this approach fails, or if the discrimination/harassment is more serious, you should discuss the matter with a senior employee of the agency employment business, who will endeavour to resolve the situation on your behalf.

PENSION SCHEME

We operate a contributory pension scheme which you will be auto-enrolled into (subject to the conditions of the scheme). The scheme enables you to save for your retirement using your own money, together with tax relief and contributions from the agency employment business. Further details are available separately.

NOTIFICATION REQUIREMENTS TO END AN ASSIGNMENT

The agency employment business (or the client to whom you are assigned) may end an assignment at any time without prior notice or liability. You may terminate an assignment at any time by informing the agency employment business.

PREVIOUS RELATIONSHIP

This Contract for Service represents a new agreement between you and the employment agency business.    You agree to forego all previous rights or claims between the agency employment business and you.

If you agree to accept the above conditions, please sign and date both copies of this contract for services (retaining one for your own reference) and return one copy to Richard Downes, Managing Director. 

Yours sincerely

For and on behalf of the agency employment business.

Richard Downes

I have read and understand the conditions relating to this work engagement and agree to my personal details being retained by the agency employment business for the purpose of matching me with suitable clients and contacting me with offers of ad hoc work assignments.  I understand that this engagement and any future work assignments will not indicate an employment relationship between the agency employment business and me.

Equality, Inclusion and Diversity Policy

• STATEMENT OF POLICY 

1. The terms equality, inclusion and diversity are at the heart of this policy. ‘Equality’ means ensuring everyone has the same opportunities to fulfil their potential free from discrimination. ‘Inclusion’ means ensuring everyone feels comfortable to be themselves at work and feels the worth of their contribution. ‘Diversity’ means the celebration of individual differences amongst the workforce. We will actively support diversity and inclusion and ensure that all our employees are valued and treated with dignity and respect.  We want to encourage everyone in our business to reach their potential. 

1. We recognise that discrimination is unacceptable. Equality of opportunity is a feature of our practices and procedures and we operate a formal policy.  Breaches of the policy will lead to investigation and, if appropriate, further action.

1. The aim of the policy is to ensure that agency workers are not discriminated against either directly or indirectly on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.  

1. The agency employment business will ensure that the policy will be made available for all agency workers and made known to all applicants for work.

1. The policy will be communicated to all clients reminding them of their responsibilities towards equality of opportunity.

1. Whilst the agency employment business has no direct control over your place of work, we will endeavour to ensure that a neutral working environment is maintained, in which no agency worker feels under threat or intimidated.

• RECRUITMENT AND SELECTION

1. The agency employment business will endeavour, through appropriate training, to ensure that employees making recruitment and assignment decisions will not discriminate, whether consciously or unconsciously, in making these decisions.

1. A consistent and non-discriminatory approach will be taken to any advertising of vacancies.

1. Recruitment will not be confined to areas or media sources that provide only, or mainly, applicants of a particular group.

1. All applicants who apply for work will receive fair treatment and will be considered solely on their ability to do the work.

1. All employees involved in the recruitment, selection and assignment process will periodically review their selection criteria to ensure that they are related work requirements and do not unlawfully discriminate.

1. Interview questions will be related to the requirements of the work and will not be of a discriminatory nature.

1. The agency employment business will not disqualify any agency worker because he/she is unable to complete an application form unassisted unless personal completion of the form is a valid test of the standard of English required for the safe and effective performance of the type of work assignments being sought.

1. Selection decisions will not be influenced by any perceived prejudices of other staff.

Standards of Behaviour

1) It is necessary to have a minimum number of rules in the interests of the whole organisation.

2) It is not practicable to specify all rules on behaviour or offences that may result in Richard Downes, Managing Director addressing such behaviour with you, as they may vary depending on the nature of the work. 

3) Richard Downes, Managing Director will address behaviour with you if you are found to have acted in any of the following ways. Please note that these are examples only and do not represent an exhaustive list:

1. persistent failure to turn up for an assignment which you have accepted from the agency employment business and/or lateness;

1. b) unsatisfactory standards or output of work;

1. c) rudeness towards our clients, our members of staff, the clients/customers of our clients, their members of staff, members of the public or other workers or employees, objectionable or insulting behaviour, harassment, bullying or bad language;

1. d) failure to devote the whole of your time, attention and abilities to our clients’ business and its affairs during any assignment that you have accepted from the agency employment business.

4) Where one of the misconduct rules has been breached Richard Downes, Managing Director will discuss this with you and inform you of the improvement required. 

5) Further instances of misconduct may result in the termination of the assignment and no further work being offered to you.

6) In some circumstances, your assignment may be terminated, and no further work offered to you, upon the first occasion of misconduct. This may occur if the misconduct is considered to be so severe that the agency employment business finds continued assignments untenable, for example, if you are found to have acted in the following ways. Please note that these are examples only and do not represent an exhaustive list:

1. a) theft or fraud;

1. b) physical violence or bullying; 

1. c) deliberate damage to property;

1. d) deliberate acts of unlawful discrimination or harassment.

7) We reserve the right to terminate your assignment upon the first occasion of misconduct without prior notification of required improvement in circumstances not falling into those described in 6) above.

8) If you feel that any decision to terminate your engagement for reasons related to your behaviour breaches equality legislation, you should speak to Richard Downes, Managing Director.   

Standards of Performance

1) We recognise that your ability to carry out your duties may be affected by a number of things, the most common being either changes to the way that tasks are done since previous engagements and you fail to keep pace with the changes, or you change (most commonly because of health reasons) and you can no longer cope with the work.

2) If the nature of work you have been assigned to perform changes during an assignment or if we are made aware by our client of general concerns about your ability to perform your tasks we will try to ensure that you understand the level of performance expected of you.

3) Personal circumstances may arise which do not prevent you from attending for work but which prevent you from carrying out your normal duties (e.g. a lack of dexterity or general ill health). If such a situation arises, we will normally need to have details of your medical diagnosis and prognosis so that we have the benefit of expert advice. When we have obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about the continuation of your agreed period of work.

4) We reserve the right to terminate your engagement, at any time, due to your inability to perform the work you have been engaged to undertake without prior notification of required improvement.

5) The agency employment business will, at all times, ensure its compliance with the Equality Act 2010 in relation to its obligations towards individuals with a disability.

6) If you feel that any decision to terminate your engagement for reasons related to your performance breaches equality legislation, you should speak to Richard Downes, Managing Director. 

Complaints

1. It is important that if you feel dissatisfied with any matter relating to your engagement you are able to raise it.

1. If you wish to raise a complaint, you should speak to the person specified in your Contract for Services above, explaining fully the nature and the extent of your complaint. Although it is not required, it may be of assistance if you set out the complaint in writing. If you raise your complaint verbally, written notes may be taken by the person specified in your Contract for Services who will ensure that they are a true representation of your complaint.

1. Once your complaint has been looked into, you will be notified of the outcome which will normally be within 10 days of receipt of your complaint.

1. If you feel that the outcome is in breach of any equality legislation, you should speak to Richard Downes, Managing Director.