Download - Flair Recruitment Ltd.

Terms of Engagement for Agency (Temporary) Workers
This Agreement is dated [
] is between between Flair Recruitment Ltd, 8th Floor, 707 High Road, London N12 0BT (“the Company”) and
[Name and address] [The “Worker”]……………………………………
Flair Recruitment Limited is an Employment Business as defined by the Employment Agencies Act 1973
You are a 'Worker' within UK employment legislation. You are referred to Schedule One of this Agreement which sets out the definition of this status. You are not an employee of the Employment Business These terms
shall not give rise to an employment relationship between you and the Employment Business or you and the Client.
Entire Agreement
These terms constitute the entire agreement between the Employment Business and the Agency Worker (“You”) for the supply of services to the Client and shall govern all work undertaken by the Agency Worker. You
are not an employee and are engaged under a contract for services and no contract shall exist between the Employment Business and the Agency Worker between assignments.
Scope of Assignment
The Company may offer you assignments as a Retail Beauty Consultant from time to time.
Place of Work
You will be advised of your place of work at the start of each assignment.
Time Sheets
It is a requirement of this agreement that at the end of each week you will deliver to us a timesheet duly completed to indicate the number of hours worked during the preceding week. This must be signed by an
authorised representative of the Client.
We will pay you for all hours worked regardless of whether we have received payment from the Client however if you submit time sheets late and they do not reflect the payments made to you we may need to adjust
your subsequent payments upwards or downwards.
Your hours of work are 7.5 per day with a one hour lunch break.
Remuneration for Assignments
The rate of pay will be at a rate not less than the National Minimum Wage in force at the time this agreement is signed.
The Company will make an additional payment equivalent to 12.07% of your hourly fee, for each hour you work, as payment for the annual leave you have accrued and to fully satisfy your holiday entitlement. This
additional payment will be separately detailed on your Pay Notification for clarity.
You will be paid two weeks in arrears from the commencement of the actual week of assignment
E.g. you commence work week commencing 31st March, you submit a time sheet 7 April, payment made into your bank account on 18 April.
Please note there may be some delay if time sheets are not submitted on time.
Termination of Agreement
Either party to this agreement may terminate the Assignment upon giving one weeks’ prior notice.
Notice must be given in writing and either delivered by e-mail, by hand or by post to the Company’s head office address?
Assignments and Hours of work
Your hours of work, including start times and finishing times will be as notified to you at the start of each assignment
You will be advised of any break times to which you may be entitled.
We shall endeavour to find suitable assignments for you but you acknowledge that due to the temporary nature of the work, there may be periods when no suitable work is available.
Equally, you are also under no obligation to accept any assignment offered by the Employment Business
Temporary Workers Obligations
If you accept any offer of work, you will owe the Company the duties expected from a Worker, which include:
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Co-operate with the Client’s reasonable instructions within the scope of the assignment and accept the direction and supervision of any responsible person within the Client’s organisation
Submit weekly time sheets. Payment may be delayed if you do not submit your time sheet promptly at the end of each week.
Perform the assignment to the best of your ability and with reasonable skill and care.
Observe any relevant rules, procedures and policies (including a duty of confidentiality) which occur within the Client’s organisation.
Take all reasonable steps to look after your health and safety and that of others around you.
Not commit any unlawful act of discrimination or harassment, towards anyone in the Clients’ business.
Annual Holidays
You are entitled to be paid the period of time stipulated in the Working Time Regulations of 5.6 weeks paid holidays per year (subject to a maximum of 28 days), inclusive of any public holiday entitlement. Your
entitlement will be calculated on a pro-rata basis.
The Company will make an additional payment for each hour you work as payment for the annual leave you have accrued and to fully satisfy your holiday entitlement. Details of this rolled up holiday pay are shown
above in the Remuneration section of this Agreement.
You are required to give 14 days’ notice in writing of holiday periods
Working Time
You are only obliged only to work up to a maximum of 48 hours per week subject to the restrictions of the Working Time Regulations. You can also opt out subject to the conditions within that policy. A copy of the optout agreement is enclosed with this Agreement.
Health and Safety
The Company is under a duty to look after your health and safety. However you are also under a duty to take all reasonable steps to safeguard your own safety and the safety of any person or persons who may be
affected by your actions at work.
Any site specific Health and Safety Regulations will be set out or notified to you in the assignment note at the start of each assignment.
Statutory Sick Pay
You are entitled to be paid Statutory Sick Pay provided you meet the relevant statutory criteria.
You are required to provide us with evidence of incapacity to work which may be by way of self -certificate for the first 7 days and a doctor’s certificate thereafter.
You are required to notify us and the Client on your first day of sickness by 9.00a.m. Or 30 minutes before you are due to start work, whichever is the sooner.
Deductions, Income Tax and National Insurance
The Employment Business is required to make lawful deductions from your pay in respect of PAYE (pursuant to the Income Tax Acts) and National Insurance.
Equality
You have the right not to be discriminated against on grounds of sex, race, age disability, sexual orientation religion and disability under the terms of the Equality Act 2010
Whistleblowing
You have access to the rights under the Public Interest Disclosure Act to disclose qualifying matters. This is fully set out within the Whistleblowing policy.
Statutory Maternity and Statutory Paternity Pay
You have the right to claim statutory maternity pay and statutory paternity pay
Tax and National Insurance
Your pay will be paid under PAYE and is subject to deduction of tax and national insurance.
Equal Pay
After 12 weeks with one Client you will become entitled to the same basic working and employment conditions as you would be entitled to if you had been recruited directly by the Client and at a comparable rate as
comparable workers of the Client.
Data Protection
In relation to the Data Protection Act 1998, you agree to the processing of personal data by the Company for the purposes of calculating fee payments due and maintaining any records that are necessary for the
performance of the contract.
Any information held concerning you which is personal data and which is processed by the Company for these purposes shall be processed only in accordance with the Data Protection Act 1998.
Confidentiality
You agree that during the course of your assignment you will have access to Confidential Information belonging to the Company and the Client. You shall not at any time during (except in the proper course of carrying
out your duties) or after your assignment, whether directly or indirectly, disclose to a third party or make use of any Confidential Information.
For the purposes of this section, "Confidential Information" is defined as information, regardless of the format or manner in which it is recorded or stored, which is not within the public domain and which relates to the
business, products, finances, affairs, trade secrets, intellectual property, technical data, and know-how of the Company, its clients, customers, or any business contacts whatsoever.
Governing Law and Jurisdiction
The terms set out in this Agreement are governed by the law of England and Wales.
Acknowledgement
You acknowledge and agree that you have read, understood and accept the terms contained within this Agreement.
Signed by (Worker):
………………………………………………………………..
Print name:
………………………………………………………………..
Address:
Date:
………………………………………………………………..
…………………………………………………………………
For and on behalf of Flair Recruitment Ltd:
Signed by :
…………………………………………………………………
Print name and position: …………………………………………………………..
Date:
…………………………………………………………………..