TERMS AND CONDITIONS
OF ENGAGEMENT OF TEMPORARY WORKERS
  1. DEFINITIONS
    1. In these Terms of Engagement the following definitions apply:
      “Assignment”
      Means the period during which the Temporary Worker is supplied to render services to the Client;
      “Client”
      Means the person, firm or corporate body requiring the services of Temporary Worker;
      “The Company”
      First Class Agency Ltd registered in England at 37 Tylers Crescent, Hornchurch, Essex RM12 6SY.
    2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
    3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
  2. THE CONTRACT
    1. These terms set out the entire agreement between the Company as an Employment Business and the Temporary Worker for the supply of services to the Client and shall govern all Assignments undertaken by the Temporary Worker (including, for the avoidance of doubt, where the Temporary Worker undertakes an Assignment without having signed these terms). No contract shall exist between the Company and the Temporary Worker between Assignments.
    2. For the avoidance of doubt, this agreement constitutes a contract for services and not a contract of employment between the Company and the Temporary Worker or the Temporary Worker and the Client.
    3. No variation or alteration of these Terms shall be valid unless approved by the Company in writing.
    4. For the purpose of the Conduct Regulations 2003, the Company acts as a Company in relation to the introduction and supply of the Temporary Worker to the Client.
  3. ASSIGMENT
    1. The Company will endeavour to obtain Assignments for the Temporary Worker to work as a Catering Temp
    2. The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that suitability shall be determined solely by the Company; and that the Company shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category.
    3. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on Assignment, the start date for the relevant averaging period under the Working Time Regulations the date on which the Temporary Worker commences the first Assignment, if later.
  4. REMUNERATION
    1. Subject to the Temporary Worker submitting properly authorised time sheets in accordance with clause 7 the Employment Business shall pay the Rate of Pay to the Temporary Worker until the Temporary Worker completes the Qualifying Period. The Rate of Pay will be set out in the relevant Booking Placement Form for a particular Assignment.
    2. Subject to any applicable statutory entitlement and to clause 5 and 6, the Temporary Worker is not entitled to receive payment from the Company or Clients for time not spent on Assignment,  whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
  5. STATUTORY LEAVE
    1. Subject to clause 5.2, the Temporary Staff is entitled to the equivalent of 5.6 weeks’ paid holiday during each holiday year (including all bank holiday entitlements), calculated in accordance with and paid in proportion to the number of hours that the Temporary Staff has worked on an Assignment during the holiday year. The Company’s holiday year runs between 1 January and 31 December. If an Assignment starts or finishes part way through the holiday year, the Temporary Staff’s holiday entitlement during that year shall be calculated on a pro-rata basis rounded up to the nearest half day.
    2. On completion of the Qualifying Period, the Temporary Staff may be entitled to paid and/or unpaid annual leave in addition to the Temporary Staff’s entitlement under clause 5.1. In those circumstances, the Company will inform the Temporary Staff in the relevant Booking Placement Form of any such entitlement, the date from which such entitlement will commence and how payment for such entitlement accrues.
    3. All entitlement to annual leave must be taken during the course of the holiday year in which it accrues and no untaken holiday can be carried forward to the next holiday year.
    4. The Temporary Staff should give at least 2 weeks’ written notice of any proposed holiday dates and these must be agreed by the Company in writing in advance. The Company may require the Temporary Staff to take holiday on specific days, as notified to the Temporary Staff.
    5. Subject to clause 5.2 in the course of any Assignment during the first holiday year, the Temporary Staff is entitled to request leave at the rate of one-twelfth of the Temporary Staff’s total holiday entitlement in each month of the holiday year.
    6. At the end of the Assignment the Temporary Staff shall be entitled to be paid in lieu of accrued but untaken holiday for the holiday year in which termination takes place.
    7. If the Temporary Staff has taken more holiday than their accrued entitlement at the end of the Assignment, the Company shall be entitled to deduct the appropriate amount from any payments due to the Temporary Staff.
  6. SICKNESS ABSENCE
    1. The Temporary Worker may be eligible for Statutory Sick Pay provided that he meets the relevant statutory criteria. The Temporary Worker is not entitled to secure payment from Company for absence due to sickness.
  7. TIME SHEET
    1. At the end of each week of Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Company his/her time sheet duly completed to indicate the number of hours worked by him/her during the preceding week (or such less period) and signed by an authorised representative of the Client. The Company shall pay the Temporary Worker for all hours worked on a weekly basis regardless of whether the Company has received payment from the Client for those hours.
    2. For the avoidance of doubt and for the purpose of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which the employee is carrying out his/her activities or duties for the Company as part of the Assignment. Time spent travelling to Company’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary’s working time for these purposes.
  8. ENGAGEMENT WITH THE CLIENT
    1. The Temporary Worker shall notify the Company and refuse any work immediately if approached by the Client and subsidiary or any associated Company of the Client or a member of the Client’s staff introduced by the Company to work “independently” for them as this would be in contravention of our Terms and Conditions of Business.
    2. The Client shall notify the Company immediately any Temporary introduced by the Company is engaged
    3. Where a Temporary Worker supplied by the Company is engaged on a direct or indirect temporary or permanent basis with the Client or any subsidiary or associated Company of the Client and the Client or a member of the Client’s staff refers a Temporary Worker to some other person or body, and that person or body engages the Temporary Worker on a direct or indirect temporary or permanent basis within 3 months` cessation of a Temporary assignment with that Client, then an introduction fee in accordance with the Company’s current scale of fee (see below) relative to the Temporary Worker’s annual salary (based on a 40 hour week for hourly paid workers) with the Client will become payable by the Client to the Company. An invoice will be rendered by the Company which is subjected to the terms set out in the clause 3 of the general terms herein and no refunds will be payable for such placements as the ability of the Worker is deemed proven. In the event that total remuneration including all taxable emoluments cannot be accurately established, then the introductory fee shall be an amount equal to 80 times the hourly charge rate made by the Company for Temporary Workers of the category in which the Temporary Worker was last engaged with the Company.
  9. CONDUCT OF ASSIGNMENTS
    1. The Temporary Worker is not obliged to accept any Assignment offered by the Company but if he/she does so, during every Assignment and afterwards where appropriate, he will:
      1. co-operate with the Client’s staff and accept the direction, supervision and control of any responsible person in the Client’s organisation;
      2. observe any relevant rules and regulations of the Client’s establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain.
      3. unless arrangements have been made to the contrary, confirm to the normal hours of work in force at the Client’s establishment;
      4. take all reasonable steps to safeguard his own safety and the safety of any other person who may be present or affected by his actions on the Assignment and comply with health and safety policies of the Client;
      5. not engage in any conduct detrimental to the interests of the Clients;
      6. not at any time divulge to any person, not use his own or any other person’s benefit, any confidential information relating to the Client’s or the Company employees, business affairs, transactions or finances. If the Temporary Worker is unable for any reason to attend working during an Assignment he should inform the Client or the Company by no later than 72 hours prior to the start time of the Assignment.
  10. TERMINATION
    1. The Company or the Client may, without prior notice or liability, instruct the Temporary Worker to end on Assignment at any time. The Company may amend these Terms by giving the Temporary Worker one week’s prior notice.
    2. The Temporary Worker may terminate employment at any time by informing the Company.
    3. If the Temporary Worker does not inform the Client or the Company should they be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Temporary Worker in accordance with the clause 10.2 unless the Temporary Worker can show that exceptional circumstances prevented him from complying.
    4. If the Temporary Worker is absent during the course of an Assignment and the contract has not been otherwise terminated the Company will be entitled to terminate the contract in accordance with clause 10.1 if the work to which the absent worker was assigned is no longer available for the Temporary Worker
    5. If the Temporary Worker does not report to the Company to notify his availability for work for a period of three weeks, the Company will forward his P45 to his last known address.
    6. The Temporary Worker may terminate an Assignment by giving the Company two weeks’ written notice.
  11. EQUAL OPPORTUNITY
    1. We are an equal opportunity employment business and do not tolerate discrimination in any shape or form. If you have any complaint about the nature of an Assignment, payment for hours you have worked or the conduct of any member of staff or other worker either of ours or a Client, you shall have the right to present a grievance to one of our Directors or Senior Managers. This should be done, in the first instance, by writing to the Director at the Company’s address.
  12. PERSONAL INFORMATION
    1. By signing the application form the Temporary Worker will acknowledge and agree that in order to be engaged on Assignments with our Clients it is necessary for us to hold and process personal data including all the data supplied on your application form, identification documents such as passport, ID card, birth certificate relating to you for legal, personnel, administrative and management purposes and that we may transfer such information to our Client’s as is reasonably necessary to facilitate each Assignment. Your data will be kept securely, for as long as the law requires and for up to 6 years for audit purposes.
    2. You shall have the right to request access to any information we hold about you, update and correct if necessary; request the data is deleted or not used for certain purposes. Upon request the Company will give the Temporary Worker a copy of the information held, free of cost, as soon as possible and within a month from the request.
  13. LAW
    1. These Terms are governed by the law of England & Wales and are subject to the exclusion jurisdiction of the Courts of England & Wales
  14. DECLARATION
    I understand and agree with the terms above. I hereby request First Class Agency Ltd to find employment on my behalf.