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 relationship with the company is not that of an employee but of an independent contractor. You will operate under a self-employed status. As such, you are responsible for providing your own uniform and personal equipment required for the job, such as knives or other tools, in case of insufficient supply. Furthermore, it is your responsibility to furnish a timesheet accurately detailing the hours worked, endorsed by an authorised representative of the client’s company present at the worksite. You also have the ability and responsibility to arrange for a substitute worker if necessary. Furthermore, you bear the financial risk associated with the company's client cancelling the booking.
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.
PLACE OF WORK – various client sites
Any work that you accept from the agency employment business will be carried out at various client sites designated by the agency employment business. 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 vary in duration, 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 inform you of the proposed days and hours for each assignment in advance.
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
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.
Payment will be made weekly in arrears by bank credit transfer following the submission of a correctly completed timesheet and invoice, the latter of which must match the former. Statutory deductions such as income tax and NI contributions will be made from the payments. Any payment-related queries should be directed to Richard Downes, Managing Director.
COLLECTIVE AGREEMENTS
No collective agreements directly affect the terms upon which you are engaged.
BENEFITS
Your position does not include any benefits beyond those stated in this contract for services.
SICKNESS ABSENCE
You will not receive payment for periods of sickness absence.
Any absence, for whatever reason, whilst on an agreed assignment must be reported at the earliest opportunity, in accordance with the e agency employment business’ Absence Policy. Notification should be made to your both main client contact and Richard Downes, Managing Director.
STATUTORY ANNUAL LEAVE
As a contractor, you are not entitled to statutory annual leave. Any holiday requests should be submitted with at least ten days' notice for extended periods and seven days' notice for odd single days to Richard Downes, Managing Director and submitted online via the relevant form.
OTHER PAID LEAVE
You are not entitled to any further paid leave beyond what is specified 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, as a self-employed contractor, you have a legal responsibility for your own welfare and for ensuring the health and safety of others. It's essential to take all reasonable steps to safeguard not only your safety but also that of any other individuals present at the worksite. Additionally, you must comply with the health and safety policies and regulations set forth by the 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
As a self-employed contractor, you have the discretion to accept or decline assignment offers. However, upon acceptance, you are obligated to adhere to the following guidelines:
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.
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.
You will not engage in any conduct detrimental to the interests of the client or the agency employment business.
You will cooperate with the client’s staff and accept the direction, instruction and supervision of any responsible person in the client’s establishment.
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 high standards of behaviour and performance from you. In the event of concerns regarding behaviour or performance, we may provide guidance for improvement or, in certain circumstances, terminate the engagement with or without notice. Further details on this can be found 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.
DATA PROTECTION
We are committed to safeguarding the privacy of our contractors. Your submitted information will be handled responsibly and utilised only as outlined in our privacy policy. With the implementation of the General Data Protection Regulation (GDPR) on 25th May 2018, please confirm your consent for us to process and store your personal data by signing the relevant form. Additionally, we require your consent to be renewed annually to ensure ongoing compliance with data protection regulations
CONSENT TO STORE AND PROCESS INFORMATION
By providing your consent, you authorise the following:
The company to store your data and CV in compliance with GDPR regulations, accessible at company office locations.
The company to store and process your data for service provision purposes.
The company to store and process your data for job applications or general inquiries.
The company to store and process your data for communication purposes, including industry updates and events.
You acknowledge that your personal information may be shared with prospective clients for the purpose of arranging assignments. Additionally, you consent to receive communications from the company regarding assignment opportunities and administrative matters related to your engagements. You will have the option to unsubscribe from these communications at any time
NOTIFICATION REQUIREMENTS TO END AN ASSIGNMENT
Either the agency employment business or the client to whom you are assigned may terminate an assignment without prior notice or liability. You retain the right to terminate an assignment by notifying the agency employment business.
PREVIOUS RELATIONSHIP
This Contract for Service constitutes a new agreement between you and the agency employment business. By accepting this agreement, you waive any previous rights or claims between yourself and the agency employment business.
If you agree to the aforementioned conditions, please sign and date this contract for services (keeping one for your records).
Yours sincerely
For and on behalf of the agency employment business.
Richard Downes
I acknowledge that I have reviewed and comprehend the terms governing this contractual engagement. I consent to the agency employment business retaining my personal information solely for the purpose of facilitating assignments and communicating offers for ad hoc work opportunities. I understand that this engagement, along with any subsequent assignments, does not establish an employer-employee relationship between myself and the agency employment business.
SIGNATURE:
Agency Worker
NAME:
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DATE:
Equality, Inclusion and Diversity Policy
STATEMENT OF POLICY
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.
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.
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.
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.
The policy will be communicated to all clients reminding them of their responsibilities towards equality of opportunity.
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
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.
A consistent and non-discriminatory approach will be taken to any advertising of vacancies.
Recruitment will not be confined to areas or media sources that provide only, or mainly, applicants of a particular group.
All applicants who apply for work will receive fair treatment and will be considered solely on their ability to do the work.
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.
Interview questions will be related to the requirements of the work and will not be of a discriminatory nature.
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.
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:
persistent failure to turn up for an assignment which you have accepted from the agency employment business and/or lateness;
b) unsatisfactory standards or output of work;
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;
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:
a) theft or fraud;
b) physical violence or bullying;
c) deliberate damage to property;
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
It is important that if you feel dissatisfied with any matter relating to your engagement you are able to raise it.
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.
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.
If you feel that the outcome is in breach of any equality legislation, you should speak to Richard Downes, Managing Director.