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TERMS OF ENGAGEMENT, TEMPORARY WORKER

Signed by the worker before the first assignment · Regulation 14, Conduct Regulations 2003; Copyright, Designs and Patents Act 1988 section 11

1. The parties

These terms are between HIRINGUK LTD, company number 17414012, of 270 Slade Road, Birmingham, England, B23 7LX ("we", "us", "the employment business") and the person named in the assignment confirmation ("you", "the temporary worker").

2. What kind of contract this is

2.1 You are engaged under a contract for services. You are a worker. You are not our employee and you are not an employee of any client we supply you to.

2.2 These terms, the key information document and each assignment confirmation are the whole agreement between us. Nothing said in conversation changes them unless we confirm it in writing.

2.3 There is no obligation on us to offer you work and no obligation on you to accept any work we offer. Turning down an assignment does not affect what we offer you next.

3. Assignments

3.1 We will take reasonable steps to find you suitable assignments. We do not guarantee work, or continuous work.

3.2 Before every assignment we give you an assignment confirmation in writing, stating the client, the site, the start date, the expected length, the hours, the rate, who you report to, the notice on both sides, any qualification or ticket the role needs, and any known risk to health and safety and what is being done about it.

3.3 Do not start work until you have that confirmation. If anything on it changes, we reissue it.

4. Pay

4.1 You are paid the rate in the assignment confirmation, and never less than £12.71 per hour.

4.2 We pay you weekly in arrears by bank transfer, under PAYE, with income tax, National Insurance and any pension contribution deducted.

4.3 You are paid for the hours you work whether or not the client has paid us. Whether their invoice is late, disputed, or never paid at all is a matter between us and them. It has nothing to do with your wages and it will never be offered to you as a reason. Chasing a client is our job and carrying the risk of one not paying is what an employment business is for.

4.4 We also will not withhold your pay because we have not received a signed or authenticated timesheet. Where a timesheet is missing or a client disputes part of it, we pay everything not in dispute on the normal payday, investigate the rest promptly, and pay anything found owing in the next payment run.

4.5 Clauses 4.3 and 4.4 are the two halves of regulation 12 of the Conduct Regulations 2003, which forbids an employment business from withholding payment on either ground. They are written out in full rather than cited, because a worker told on a Friday afternoon that the money has not come in from the client should be able to point at a sentence rather than at a regulation number.

4.6 No deduction is made from your pay except one required by law or one you have agreed to in writing, in advance, and which the law permits. You are never charged a fee for finding you work.

4.7 We do not use umbrella companies. You are paid by us, directly.

5. Holiday

5.1 You are entitled to 5.6 weeks of paid annual leave a year under the Working Time Regulations 1998, pro rata for part time work.

5.2 Holiday accrues at 12.07 per cent of the hours you actually work. It is held by us until you take leave and paid at your average weekly pay over the previous 52 paid weeks. Ask us at any time for your balance. If we ever change to paying it with your weekly wage, we will tell you first and it will appear as its own line on your payslip.

5.3 Give us as much notice as you can of leave you want to take, normally twice the length of the leave, so we can tell the client.

6. After twelve weeks in the same role

Under the Agency Workers Regulations 2010, once you have worked in the same role with the same client for 12 calendar weeks, you are entitled to the same basic pay and working conditions as if that client had recruited you directly. We track this and apply it without you having to ask. From day one of any assignment you are also entitled to use the client's collective facilities and to be told about their vacancies.

7. Notice, and ending an assignment

7.1 Either of us may end an assignment by giving the notice in the assignment confirmation. Where none is stated it is 24 hours for an assignment expected to last under 12 weeks, and one week for a longer one.

7.2 We may end an assignment immediately for serious misconduct, for a serious breach of these terms, if you cannot show a satisfactory right to work, or if the client ends the assignment. Ending an assignment does not end these terms.

7.3 If you are unwell or delayed, tell us as early as you can and before the shift starts if possible, so we can tell the client.

8. Right to work

8.1 You confirm you have the right to work in the United Kingdom for the work you are doing.

8.2 You must give us a share code or the original documents we need for a right to work check before your first assignment. We check everybody, the same way, every time.

8.3 Tell us at once if your permission changes or is about to expire. We will ask you again before any time limit runs out.

9. How you work

9.1 Work carefully and follow the client's reasonable instructions and all health and safety rules on their site.

9.2 Keep confidential what you learn about the client and about us.

9.3 Tell us straight away about any accident, damage, near miss or anything unsafe. You will never be penalised by us for reporting something unsafe, and you may refuse work you reasonably believe is dangerous.

10. Your data

We process your personal data as described in our privacy notice at www.hiringuk.co.uk/privacy. In short: we hold what we need to find you work and pay you lawfully, we never sell it, we send your details to a client only for a role you have agreed to, we keep right to work evidence for two years after you stop working through us and payroll records for six years as tax law requires, and you can ask us at any time for a copy of everything we hold or for it to be erased. Questions to dpo@hiringuk.co.uk.

11. If something goes wrong

Tell us: hello@hiringuk.co.uk. We answer in writing. You may also complain to the Fair Work Agency at any time, and take free advice from ACAS. Nothing in these terms limits either.

11a. Anything you create at work

11a.1 If, while you are on an assignment, you create something that carries intellectual property rights, a drawing, a design, a piece of software, a photograph, a written report, those rights pass to us, and we pass them to the client you created it for. You do whatever is reasonably needed to make that effective, including signing a short document if one is required, and we pay any cost of doing so.

11a.2 Why this clause exists, because it is not obvious. Copyright in something made by an employee belongs to their employer automatically. An agency worker is not the client's employee, so without this clause the rights in what you make on their site could stay with you or with us, and the client who paid for the work would not own it. That is a problem for them and eventually for you, because it is the kind of thing that stops a client using agency workers at all.

11a.3 What this clause is not. It covers what you make ON an assignment, for that client, as part of the work. It has nothing to do with anything you make on your own time, with your own tools, for yourself. Your own work is yours and we make no claim on it whatsoever.

11a.4 Your moral right to be identified as the author is not something we ask you to give up, and nothing here prevents you saying you did the work.

12. Law

These terms are governed by the law of England and Wales and subject to the exclusive jurisdiction of its courts.

HIRINGUK LTD, company number 17414012. Terms of engagement, temporary worker, version 2.2. Reviewed at least once a year and whenever the law changes. © HIRINGUK LTD. This document is issued under Regulation 14, Conduct Regulations 2003; Copyright, Designs and Patents Act 1988 section 11.

Print this document Key information document, PAYE Terms of business with the client Assignment confirmation Weekly timesheet, driving Holiday: how it builds up, how it is paid, how to book it Appropriate policy document: health and criminal record data Candidate registration and consent Reference request Mobile worker declaration: work you do for anybody else Sickness self certification Driver infringements, and how we handle them Legitimate interests assessment Worker handbook