Agreement—terms of engagement for temporary agency workers Ignite Recruitment Services Ltd
Contents
1.Definitions and interpretation.
4. Temporary to permanent arrangements—our charges to Clients
11. Data protection and monitoring.
12. Warranties and indemnities.
17. Applicable law and jurisdiction.
Agreement date of submission.
Parties;
Ignite Recruitment Services Ltd a company incorporated in England and Wales under number 11388868 whose registered office is at Wenta Business Centre, Electric Avenue, Enfield, EN3 7XU ('we' or ‘us’); and
Ignite Temporary Worker ('you')
1. Definitions and interpretation
1.1 In this Agreement the following expressions will, unless the context otherwise requires, have the meanings set opposite them:
Assignment | services carried out by the Temporary Worker for a Client. Type of work specified in the communications from Ignite Agent to the Temporary Worker; |
Assignment Information | the meaning set out in Clause 3.4; |
Business Day | a day, other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 in that part of Great Britain; |
Client | any person, firm, partnership, or company to whom you are Introduced or supplied; |
Confidential Information | the meaning given to it in Clause 9.1; |
Engage | the employment of you or the engagement, directly or indirectly, of you through any employment business other than us as a direct result of any Introduction or Assignment to a Client and the term Engaged will be construed accordingly; |
Intellectual Property | copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, utility models, domain names and all similar rights and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing; |
Introduce | the provision of information to the Client by us in any format, which identifies you, and Introduced and Introduction will be construed accordingly; |
Introduction Fee | a fee payable by the Client to us as set out in Clause 4; |
Key Information Document | a key information document provided in accordance with regulation 13A of the Conduct Regulations 2003; |
Rate of Pay | the rate of pay that will be paid to you; |
Vulnerable Person | the meaning set out in regulation 2 of the Conduct Regulations 2003; |
1.2 In this Agreement:
1.2.1 words and expressions defined in the Companies Act 2006, unless the context otherwise requires, have the same meanings when used in this Agreement;
1.2.2 any reference to this Agreement or to any other document include any permitted variation or amendment to this Agreement or such other document;
1.2.3 the use of the singular includes the plural and vice versa and words denoting any gender will include a reference to each other gender;
1.2.4 any reference to a Clause or Schedule is, except where expressly stated to the contrary, reference to the relevant Clause of or Schedule to this Agreement;
1.2.5 Clauses and Schedule headings and the use of bold type are included for ease of reference only and will not affect the construction or interpretation of any provision of this Agreement;
1.2.6 any reference to any statute, statutory instrument, order, regulation or other similar instrument (including any EU order, regulation or instrument) will be construed as including references to any statutory modification, consideration or re-enactment of that provision (whether before or after the date of this Agreement) for the time being in force including all instruments, orders or regulations then in force and made under or deriving validity from it;
1.2.7 any phrase introduced by the terms ‘include’, ‘including’, ‘in particular’ or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms;
1.2.8 A reference to writing or written includes fax and email
2. Agreement
2.1 These terms set out the entire agreement between us and you for the supply of services to any Client and will govern all Assignments undertaken by you. These terms will also apply where you undertake an Assignment without having signed these terms.
2.2 Each offer of an Assignment will constitute a separate engagement. These terms apply in relation to each Assignment only and there will be no contract between us and you after the end of any Assignment and before the start of any subsequent Assignment.
2.3 For the avoidance of doubt, this Agreement constitutes a contract for services and not a contract of employment or a contract of service between us and you or between you and any Client.
2.4 You acknowledge receipt of the Key Information Document.
3. Assignments
3.1 We will seek to obtain suitable Assignments with a Client for you.
3.2 We are not obliged to offer any Assignment to you and you are not obliged to accept any Assignment offered by us.
3.3 You acknowledge that the nature of temporary work means that there are likely to be periods when no suitable work is available. The suitability of any potential work for an Assignment will be determined solely by us and we will not be liable to you in the event that we fail to offer you any Assignment for the type of work specified
3.4 Except as provided in Clauses 3.5 to 3.7, we will, at the same time as an Assignment is offered to you, provide you with the following information (the ‘Assignment Information’):
3.4.1 the identity of the Client and, if applicable, the nature of its business;
3.4.2 the date the Assignment is to start and its duration, or likely duration;
3.4.3 the position which the Client seeks to fill, including:
the type of work you would be required to do in that position;
the location at which you would be required to work;
the hours during which you would be required to work; and
any risks to health and safety known to the Client and what steps the Client has taken to prevent or control such risks
3.4.4 the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for you to possess in order to work in the Assignment;
3.4.5 any expenses payable by, or to you; and
3.4.6 the Rate of Pay for the Assignment.
3.5 We may offer you any Assignment orally over the telephone and/or via email. Where we do so, and the Assignment Information is not given to you in paper or electronic form at the time the Assignment is offered, we will confirm the Assignment Information to you in writing or electronically as soon as possible and in any event no later than the end of the Business Day following the day on which the Assignment was offered to you.
3.6 Unless you request otherwise, the requirements of Clause 3.5 will not apply where you are being Introduced or supplied to the Client to work in the same position as one in which you have previously been supplied within the previous five Business Days and in relation to which the Assignment Information (with the exception of the date the Assignment is to start and its duration, or likely duration) is the same as that already given to you.
3.7 Where we have complied with the requirements of Clause 3.5 but the duration of the Assignment extends beyond five Business Days, we will provide the remaining Assignment Information to you in paper or electronic form within eight Business Days of the start of the Assignment or, if it is sooner, by the end of the Assignment.
4. Temporary to permanent arrangements—our charges to Clients
4.1 You acknowledge that we will be entitled to charge a Client an Introduction Fee where:
4.1.1 that Client Engages you; or
4.1.2 that Client introduces you to a third party (other than another employment business) who subsequently Engages you.
4.2 The Introduction Fee will not be payable in the circumstances described in Clause 4.1 if the Client agrees to extend the period of the relevant Assignment for a specified period at the end of which you may be Engaged by the Client without further charge.
5. Your obligations
5.1 We cannot offer you any Assignment until you have provided us with:
5.1.1 confirmation of your identity;
5.1.2 such information as we may reasonably require to enable us to confirm that you have the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body, to work in the position which the Client seeks to fill.
5.2 You are not obliged to accept any Assignment we offer to you. If you do accept an Assignment, you must:
5.2.1 co-operate with the Client’s reasonable instructions and accept the control, direction and supervision of any responsible person in the Client’s organisation;
5.2.2 observe all relevant rules and regulations of the Client’s organisation, including those relating to normal hours of work and equal opportunities and/or non-harassment, of which you are informed or of which you should be reasonably aware;
5.2.3 co-operate with us in the completion and renewal of all mandatory checks, including those in relation to your rights to work in the United Kingdom;
5.2.4 where the Assignment involves working with any Vulnerable Person, provide us with copies of any relevant qualifications or authorisations, including an up-to-date certificate from the Disclosure and Barring Service and two references provided by persons who are not related to you;
5.2.5 where the Assignment involves work for which any qualification or authorisation is required by law, or any professional body, provide us with copies of each such relevant qualification or authorisation;
5.2.6 take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or affected by your acts and omissions on the Assignment and comply with the health and safety policies of the Client;
5.2.7 not engage in any conduct detrimental to the interests of us or the Client; and
5.2.8 comply with all relevant legislation and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client’s business.
5.3 You undertake that, if you accept any Assignment offered by us, you will, as soon as possible before each such Assignment starts, during each Assignment (as appropriate) and at any time at our request:
5.3.1 inform us of any Calendar Weeks before the start of, or during, the relevant Assignment in which you have worked, via any third party, in the same, or a similar, role with the Client;
5.3.2 provide us with full details of such work, including details of when, where and the period(s) during which such work was undertaken, the role performed and any other details as we may reasonably require;
5.3.3 inform us if, before the start of the relevant Assignment, you have:
(a) completed two or more Assignments with the Client;
(b) completed at least one Assignment with the Client and one or more Assignments with any hirer connected to the Client (a hirer will be ‘connected to’ the Client if either the Client or the hirer (directly or indirectly) has control of the other or a third person (directly or indirectly) has control of both the Client and the hirer); and/or
(c) worked in more than two roles during an Assignment with the Client and on at least two occasions have worked in a role that was not the same role as the previous role.
5.4 If you are unable for any reason to attend work during the course of an Assignment, you, or someone on your behalf, must inform their Ignite Agent/Relationship Manger by telephone, text message or emailno less than 1 hour before your normal start time. If it is not possible for you, or someone on your behalf, to inform us by that time, then you must inform the Client and then us as soon as it is possible for you to do so.
5.5 If, either before or during any Assignment, you become aware of any reason why you may not be suitable for an Assignment, you must notify us without delay.
6. Remuneration
6.1 Subject to you providing properly authorised time sheets in accordance with Clause 7, we will pay you the Rate of Pay. The Rate of Pay will be set out for each particular Assignment and will be paid for each hour worked during an Assignment, weekly, in arrears, subject to any deductions that we are required to make by law and any deductions that you have specifically agreed can be made.
6.2 Subject to any applicable statutory entitlement, you are not entitled to receive payment from us or the Client for time spent not working on an Assignment, whether in respect of holidays, illness or absence for any other reason, unless otherwise agreed.
7. Time sheets
7.1 You must deliver to us, at the end of each week (or, where the Assignment is for one week or less, or is completed before the end of a week, at the end of the Assignment), a completed time sheet (in the form that we may prescribe from time to time) indicating the number of hours worked during the preceding week (or such shorter period) signed by an authorised representative of the Client.
7.2 Subject to Clause 7.3, we will pay you for all hours worked on an Assignment on a weekly basis, on the last Business Day of each week, regardless of whether we have received payment for those hours from the Client.
7.3 If you fail to submit a properly authorised time sheet, any payment to you may be delayed while we investigate (in a timely manner) what hours, if any, you worked. We will not make any payment to you for hours not worked.
7.4 For the avoidance of doubt, your working time will consist only of those periods during which you are carrying out duties or activities for the Client as part of the Assignment. Time spent travelling to the Client’s premises (with the exception of time spent travelling between two or more premises of the Client), will not count as part of your working time for these purposes.
7.5 You acknowledge and accept that it could be a criminal offence under the Fraud Act 2006 to dishonestly make a false representation concerning the hours that you have worked.
8. Termination
8.1 We or you may end this Agreement, and we, the Client or you may end an Assignment at any time, without prior notice or liability.
8.2 You acknowledge that the continuation of any Assignment is subject to and dependent on the continuation of the relevant agreement between us and the Client and that, if that agreement is ended for any reason, the Assignment will also cease with immediate effect, without any further liability from us to you, except for payment for work done to the date the Assignment ends.
8.3 If you fail to inform us and/or the Client of your inability to attend work as required by Clause 5.4 and there are no exceptional circumstances, you will be treated as having ended the Assignment under Clause 8.1.
8.4 If you are absent during an Assignment and the Assignment has not otherwise been ended, we will be entitled to end the Assignment without prior notice or liability if the work to which you were assigned is no longer available.
9. Confidentiality
9.1 In this Agreement, 'Confidential Information' means:
9.1.1 information relating to the business, management systems, finances, transactions and affairs of us or of any Client including price and cost information and statistics, discount structures, sales statistics, business plans and programmes, potential business opportunities, expansion plans, marketing surveys and strategies, research and development projects, business forms, contractual negotiations, lists and details of customers and prospective customers or clients and prospective clients and of suppliers and prospective suppliers and details regarding the remuneration of employees and/or temporary workers, their experience and other information relating to those employed or engaged by us or the Client;
9.1.2 trade secrets (including formulae, computer programmes, processes, methods, inventions, technical data, databases, know-how, training techniques, marketing data, operating procedures, policies and practices and designs) relating to the business of us or any Client and/or any of our or their customers or clients, suppliers, agents or distributors;
9.1.3 any information which is identified to you by us or a Client as being confidential or secret in nature or which ought reasonably to be regarded as confidential.
9.2 Except in the proper performance of your work on an Assignment (or as required by law), you will not, either during an Assignment or at any time after it ends, without the prior written approval of us or the relevant Client, use Confidential Information for your own benefit or for the benefit of any other person, firm, company or organisation (other than us or the Client as the case may be), or directly or indirectly disclose Confidential Information to any person (other than any person employed by us or the Client whose province it is to have access to that Confidential Information).
9.3 You must not make (otherwise than for the benefit of us or the Client as appropriate) any notes, memoranda, records, tape recordings, computer programmes, photographs, plans, drawings or any other form of record (whether electronic or paper) relating to any matter within the scope of the business of us or the Client or concerning any of the dealings or affairs of us or the Client.
9.4 At the end of each Assignment or at any time and from time to time when requested by us, you must deliver up to the Client or us (as directed) all property, equipment, records, correspondence, documents, files, Confidential Information and other information (whether originals, copies or extracts) belonging to, or in any way relating to the business and affairs of, the Client which is in your possession or custody or under your control including passes, ID cards, swipe cards, keys, documents, correspondence, files, equipment, computer equipment, computer disks, memory sticks and other digital storage or memory devices, passwords, passcodes and all copies, extracts or summaries of such items, whether in a physical or electronic form. You must also delete, irretrievably, any information relating to the business of the Client that you have stored on any computer and communication systems, electronic or digital storage or memory device that does not belong to the Client, including (to the extent technically practicable) from such systems and data storage services provided by third parties. You must, if required, confirm to us in writing that you have complied with your obligations under this Clause 9.4. Failure to return equipment, PPE, ID cards and all other equipment belonging to the Client could result in loss of money and or deductions from your pay.
10. Intellectual Property
You acknowledge and agree that all Intellectual Property in any information, data, drawings, software or other materials or work created or provided by you (either alone or jointly with others) arising from work by you for the Client during an Assignment will belong to the Client. You agree that you will execute all such documents and do all such acts as we and/or the Client may from time to time require in order to give effect the Client’s rights under this Clause 10.
11 Data protection and monitoring
11.1 We will process personal data and special category data (formerly known as ‘sensitive personal data’) and criminal records data relating to you in accordance with our Data protection policy and our data protection privacy notice and our criminal records information policy.
11.2 We may monitor staff in accordance with our policies relating to email, internet and communications systems and monitoring at work.
11.3 You will comply with your obligations under our data protection policy and other relevant policies, including in relation to criminal records information, internet, email and communications, information security, bringing your own device (BYOD).
11.4 We may transfer personal data and special category data (sensitive personal data) outside the UK and to international organisations in accordance with our data protection privacy notice.
12. Warranties and indemnities
12.1 You warrant that:
12.1.1 the information supplied to us in any application document(s) is comprehensive and correct;
12.1.2 you have the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or any professional body for you to possess in order to perform work of the type specified in you Assignment;
12.1.3 you are not prevented by the terms of any other agreement, arrangement or restriction (such as a restriction in favour of another employment agency, employment business or a client) from performing your obligations under this Agreement; and
12.1.4 you have the right to live and work in the United Kingdom and are not subject to any conditions regarding the right to live and work in the United Kingdom that may have an adverse effect on your ability to perform your obligations under this Agreement or to perform any Assignment.
12.2 In consideration of the terms of this Agreement, you will indemnify us and any Client and will keep us and any Client indemnified against any action, award, claim, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding, including legal and other professional fees and expenses, which we or any Client may suffer, sustain, incur, pay or be put to arising from or in connection with:
12.2.1 any failure by you to comply with your obligations under this Agreement;
12.2.2 any negligent or fraudulent act or omission by you;
12.2.3 the disclosure by you of Confidential Information;
12.2.4 the infringement by you of any Client’s rights in relation to Intellectual Property; and/or
12.2.5 any claim brought by you in connection with this Agreement or any Assignment;
13. No partnership or agency
Nothing in this Agreement constitutes, or will be deemed to constitute, a partnership between the parties nor make any party the agent of another party. Each party confirms that it is acting on its own behalf and not for the benefit of any other person.
14. Entire Agreement
This Agreement constitutes the entire and only legally binding agreement between the parties and supersedes any previous understandings, arrangements, representations, negotiations or agreements between the parties and neither party has made any statement, representation or warranty concerning the subject matter of this Agreement and neither party has any liability arising from reliance on any information supplied by one party to the other except where it is contained in this Agreement, provided that nothing in this Clause 14 will have effect to exclude the liability of either party for fraud or fraudulent misrepresentation. No variation to or waiver of a term of this Agreement will be effective unless made in writing signed by or on behalf of the parties and expressed to be such a variation.
15. Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and no person other than you and us will have any rights under it.
16. Notices
16.1 Subject to the requirements of Clause 5.4 (your obligations to inform us and a Client of your absence) any notice or other communication (collectively ‘Notices’) to be given under this Agreement will be deemed to be duly given by either party if:
16.1.1 sent by first class post addressed to the other party at (in the case of a Notice to us) our registered office for the time being or (in the case of a Notice to you) your last known address; or
16.1.2 given personally to (in the case of a Notice to us) Ignite Agent or (in the case of a Notice to you) to you; or
16.1.3 sent by electronic mail to the company email address in the case of a Notice to us and your email address as notified in writing to us from time to time.
16.2 Any such Notice or communication will be deemed to have been received:
16.2.1 if sent by first class post, 48 hours (or, if sent to or from a place outside the United Kingdom, seven days) after the time of posting and, in proving service, it will be sufficient to prove that the envelope containing such Notice was properly addressed, stamped and put in the post;
16.2.2 if sent by email, 24 hours after sending.
17. Applicable law and jurisdiction
The validity, construction and performance of this Agreement, and any claim, dispute or matter arising under or in connection with it or its enforceability, will be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability or the legal relationships established by this Agreement.
AGREED by the parties on the date form submitted.