Contract

1.1  In these Terms of Engagement the following definitions apply: -

“Assignment” means the period during which the Worker is supplied to render services to the Client; “Client” means the person, firm or corporate body requiring the services of the Worker (together with any subsidiary or associated company as defined by the companies Act 1985); “Employment Business” means, BardWood Support Services.

1.2  Unless the context otherwise requires, references to the singular include the plural.

1.3  The headings contained in these Terms are for convenience only and do not affect their interpretation.

2.1  These Terms constitute a contract for services between the Employment Business and the Worker and they govern all Assignments undertaken by the Worker. However, no contract shall exist between the Employment Business and the Worker between Assignments.

2.2  For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Worker. The Worker is engaged as an employed worker

2.3  No variation or alteration of these Terms shall be valid unless approved by the Employment Business in writing.

3.1  The Employment Business will endeavour to obtain suitable Assignments for the worker to work as a SECURITY OFFICER.

3.2  The Worker acknowledges that the nature of the work means that there may be periods when no suitable work is available and agrees; that suitability shall be determined solely by the Employment Business; and that the Employment Business shall incur no liability to the Worker should it fail to offer opportunities to work in the above category or in any other category.

3.3  For the purpose of calculating the average number of weekly hours worked by the worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be on the date on which the Worker commences the first Assignment.

3.4  If during the course of an Assignment or within 6 months after the end of an Assignment the client wishes to employ the Worker direct, the Worker acknowledges that the Employment Business will be entitled either to charge the Client an introduction fee or to agree an extension of the hiring period with the Client at the end of which the Worker may be employed direct by the Client without further charge to the Client.

4.1  The Employment shall pay to the Worker remuneration calculated at a minimum hourly rate of the national minimum wage at the prevailing rate. The actual rate will be notified on a per Assignment basis, for each hour worked during as Assignment (to the nearest quarter hour) to be paid monthly in arrears, subject to deductions in respect of PAYE pursuant to Section 134 of the Income and Corporation Taxes Act 1988 and Class 1 National Insurance Contributions and any other deductions which the Employment Business may be required by law to make.

4.2  Subject to the statutory entitlement under the relevant legislation, the Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

4.3  Workers are not to discuss pay with other members of staff. Should this happen and is reported to us, failure to adhere to this instruction could result in disciplinary measures.

5.1  For the purpose of calculating entitlement to paid annual leave pursuant to Working Time regulations 1998 under this clause, the leave year commences on the first day of an assignment or series of assignments.

5.2  Under the Working Time Regulations 1998, workers are entitled to 5.6 weeks' paid leave per leave year. This leave must be taken within the accrual year and cannot be carried forward. All employees are entitled to 5.6 weeks' holiday, accrued in arrears based on average hours worked, paid at the applicable national minimum wage, with a maximum entitlement of 28 days based on the average hours worked . This ensures that employees receive their holiday entitlement in accordance with legal regulations, including the specified duration, accrual process, payment terms, and a capped maximum entitlement based on average annual hours worked.

5.3  Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Worker on Assignment during the leave year. The amount of payment which the Worker will receive in respect of periods of annual leave taken during the course of an assignment will be calculated in accordance with and paid in proportion to the number of hours which s/he has worked on Assignment (not to include overtime).

5.4  Where the worker wishes to take any leave to which he is entitled, s/he should notify the Employment Business in writing of the dates of his intended absence. The amount of notice, which the worker is required to give, should be a minimum of 28 days – significantly more if your request falls within peak holiday periods. Account Managers will approve/reject your holiday request via email only. The worker must not make any travel arrangements until their holiday request has been approved.

5.5  Where a bank holiday or other public holiday falls during an Assignment and the Worker does not work on that day, the public holiday shall count as part of the worker’s paid annual leave entitlement.

5.6  None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Worker’s status as a self-employed worker.

5.7  Payment for holiday is based on your contract rate, not your site rate.

6.1  The Worker may be eligible for Statutory Sick Pay provided that he meets the relevant statutory criteria.

6.2  For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an assignment and that qualifying day shall be the Wednesday in every week.

7.1  At the end of each week of an 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 the week) the Worker shall deliver of the Employment Business a time sheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of Client.

7.2  For the avoidance of doubt and for the purposes of the Working Time Regulations, the Worker’s working time shall only consist of those periods during which s/he is carrying out his activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises, lunch breaks and other rest breaks shall not count as part of the Worker’s working time for these purposes.

8.1  The Worker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will: - a) Co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organisation; b) Observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Worker might reasonably be expected to ascertain; c) Take all reasonable steps to safeguard his/her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the client; d) Not engage in any conduct detrimental to the interests of the client; e) Not at any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances.

8.2  If the Worker is unable for any reason to attend work during the course of an Assignment he should inform the client or the Employment Business a minimum of six hours of the commencement of the Assignment or shift.

9.1  The Employment Business or the Client may, without prior notice or liability, terminate the Worker’s Assignment at any time.

9.2  The Worker may terminate an Assignment giving a minimum of 2 weeks written notice by letter or email.

9.3  If the Worker does not inform the client or the Employment Business (in accordance with clause 8.2) should they be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Worker in accordance with clause 9.2 unless the Worker can show that exceptional circumstances prevented him from complying with clause 9.2.

9.4  If the Worker is absent during the course of an Assignment and the contract has not been otherwise terminated the employment business will be entitled to terminate the contract in accordance with clause 9.1 if the work to which the absent worker was Assigned is no longer available for the Worker.

10.1  These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.