TERMS AND CONDITIONS FOR SERVICES (TEMPORARY WORKERS)
Between PENDLE PERSONNEL LTD (Hereinafter called the “Contractor”)
and the Temporary Worker named above.
This period of engagement by the Contractor originated on the commencement date overleaf. Engagement under this Contract is not continuous with any previous engagement
- The Contractor agrees to offer to the Temporary Worker opportunities to work as detailed overleaf, where there is a suitable assignment with a Client for the supply of such work and rates stated.
The contractor reserves the right to offer any assignment to such Temporary Workers it may elect where that assignment is suitable for several workers.
- The contractor shall pay to the Temporary Worker wages calculated on an hourly rate in accordance with the Supplementary written statement provided to the worker to be paid weekly in arrears and subject to deductions for the purposes of National Insurance P.A.Y.E or any other purpose for which an employer is by law required to make deductions. The Temporary Worker must clock in and out of work each day, or complete an internal timesheet weekly, so that you can be paid accurately.
Two working days notice has to be given by the worker if terminating contract. All hours worked by the worker will be paid at the contracted rate(s)
- The Temporary Worker is under no obligation to accept such an offer but if he/she does so he/she owes to the Contractor the normal common law duties of an employee as far as they are reasonably applicable. The Temporary Worker shall at all times when services are due to a Client comply with the following conditions:
- Not to engage in any conduct detrimental to the interests of the Contractor or Client.
- To be present during the times, or for the total number of hours during each day and/or week as are required by the Contractor or Client.
- To afford to the Client faithful service of a standard such as would sustain a Contract of Employment.
- To take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be affected by his/her actions at work and to abide by the Contractor’s Health and Safety Policy.
- To comply with any disciplinary rules or regulations in force at the premises where services are performed to the extent that they are reasonably applicable.
- To comply with all reasonable instructions and requests within the scope of the agreed services made either by the Contractor or Client.
- There is no obligation by the Contractor to provide or the Temporary Worker to serve any normal number of hours in any day or week. In the event of the Temporary Worker declining to accept any offer of work, for any period, the Contract shall be considered not normally to involve work for such a period and a P45 will be issued.
- The Temporary Worker shall indemnify the Contractor should his/her actual hours worked in any one week exceed, or fall outside of the recommended maximum hours in the appropriate averaging period in line with current legislation of The Working Time Directive, and that he/she does so of his/her own free will. If not then delete this clause before returning.
- (a) The Temporary Worker will be entitled to 28 days paid holiday per year, inclusive of statutory holidays. Accrual starts on day one of employment and will be accrued pro-rata to days worked, based on one day paid holiday for every 9.28 days worked.
(b) It is mutually understood and agreed that bank holidays will be taken as part of the 28 days holiday entitlement unless otherwise instructed.
(c) Any accrued holidays must be requested by the Temporary Worker personally, in writing directly to Pendle Personnel Ltd, in advance subject to the following table of notice and subject to prior approval by the Temporary Worker’s Supervisor:-
1 day accrued holiday - 2 days notice in writing
2 days accrued holiday - 4 days notice in writing
5 days accrued holiday (one week) - 2 weeks’ notice in writing… etc.
Any holidays taken without written notice to Pendle Personnel Ltd will not be paid.
(d) The Pendle Personnel Ltd holiday year is from January 1st to December 31st
(e) The Contractor provides no pension rights.
- The Temporary Worker is entitled to Statuary Sick Pay (SSP) as per current Government legislation, subject to the completion of a 13 week qualifying period. Any sickness leave after the 3 waiting days must be accompanied by a doctor’s certificate to qualify the Temporary Worker for SSP.
- The Temporary Worker is entitled to maternity/paternity benefit in line with current Government legislation, subject to a 26 week qualifying period in the engagement of the Contractor. Any maternity/paternity leave required must be notified in writing to Pendle Personnel 6 weeks before maternity leave is due to start.
- The Contractor shall be responsible for making all statutory deductions relating to Earnings Related Insurance and Income Tax under Schedule E, in accordance with the Finance Act (no 2)1975, and transmitting these to the Inland Revenue at the prevailing rates.
- The nature of Temporary Work is such that there may be periods between assignments when no work is available and a P45 will be issued.
- The Contractor may instruct the Temporary Worker to end an assignment with a Client at any time and a P45 will be issued.
- Following a decision to dismiss the Temporary Worker, he/she shall have the right to request a review of the decision by the Branch Manager.
- A Temporary Worker having any grievance connected with the engagement or the conduct of, or relations with the Client or any employee of the Client shall have the right to present the grievance to the Manager of the branch of the Contractor through which the Temporary Worker is offered work. If no conclusion satisfactory to the Temporary Worker is reached at this stage, the Temporary Worker may present the grievance for ultimate decision to the General Manager.
- All personal details provided to Pendle Personnel Ltd are held on file and are covered by the terms of the Data Protection Act.
- These terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.