EMPLOYMENT CONTRACT
1. Definitions and Interpretation
The following definitions should be used to interpret this Agreement.
1.1. The “Agreement” means this employment contract;
1.2. The “Assignment” means the period during which the Employee is engaged to provide Services to the Customer or Client;
1.3. The “Assignment Schedule” means the schedule issued by the Client and/or the Company setting out the details of the Services to the Client of each Assignment and which forms part of this contract of employment;
1.4. “AWR” means the Agency Workers’ Regulations 2010;
1.5. The “Client” means any third party other than a Customer for whom or at whose premises the Services are performed;
1.6. The “Commencement Date” means the date of commencement of the first Customer Agreement in relation to the provision of the Services by the Employee as provided for in the Assignment Schedule;
1.7. The “Company” means Workr Group Limited (subsidiary of The Workr Group Limited)
1.8. “Conduct Regulations” the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
1.9. The “Customer” means a third party, comprising either an employment business or agency or other business, and who is the party with whom the Company enters into a contract for using the Services (“Customer agreement”);
1.10. The “Date of Application” means the date provided for in the Assignment Schedule and the start of the Employee’s period of continuous employment with the Company.
1.11. The “Employee” means the person named in the Assignment Schedule
1.12. “Incapacity” means sickness or injury leaving the Employee incapable of performing the Services;
1.13. “Intellectual Property Rights” means patents, rights to Inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
1.14. “Inventions” means inventions, ideas and improvements, whether or not patentable, and whether or not recorded in any medium
1.15. “National Minimum Wage” means the applicable pay rate under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 (SI1999/584) as amended to include the National Living Wage;
1.16. “Qualifying Period” means 12 continuous Calendar Weeks, as defined in regulation 7 of the AWR 2010, subject always to regulations 8 and 9 of the AWR 2010.
1.17. “Remuneration” is the gross pay due to the Employee for providing the Services based on the pay rate included in the Assignment Schedule;
1.18. “Reportable Breach” means any actual, threatened or suspected unauthorised or unlawful processing, disclosure or, or access to Data and/or ay accidental or unlawful destruction of, loss of, alteration to, or corruption of Data;
1.19. The “Services” mean those consulting services to be undertaken by the Employee through the Customer to the Client, as set out in the Assignment Schedule;
1.20. “Special Categories of Data”, “Process/Processing”, “Data”, “Data Subject” and “Supervisory Body” shall have the same meaning as in the General Data Protection Regulations;
1.21. “Technical and Organisational Security Measures” means those measures aimed at protecting Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of Data over a network, and against all other unlawful forms of processing.
1.22. “Week” means any period of seven days commencing on Sunday and ending with Saturday.
1.23. The masculine gender shall be taken to include the feminine and the singular includes the plural and vice versa;
1.24. References to persons include corporate bodies.
1.25. Unless made in writing and signed by both parties, no modification, variation or amendment to this Agreement shall be considered to have come into effect.
2. Job Title and Duties
2.1. The Employee is employed by the Company with effect from the Commencement Date. The Employee’s period of continuous employment commenced on the Date of Application. No employment with a previous employer counts towards the Employee’s period of continuous employment with the Company unless otherwise provided for in the Assignment Schedule.
2.2. The Company or Customer will assign the Employee from time to time to carry out the Services for Clients. The Employee’s job title will be that of contractor, but the precise description and nature of the Employee’s work may be varied with each Assignment and will be set out in each Assignment Schedule. The Employee may be required to carry out other duties as necessary to meet business needs. The Employee will be informed of the precise details of the role, including any requirements to hold qualifications or experience for each Assignment when it is offered to him. In doing so, the Employee agrees to work under the direction of the Client at the premises where the Employee is assigned to work from time to time and to carry out those duties in a loyal and trustworthy manner. Whilst employed by the Company, the Employee must comply with all the Company’s reasonable instructions, rules, regulations and policies from time to time in force. The Employee is obliged to comply with any rules and instructions which the Client may ask the Employee to observe whilst working in any premises to which the Employee may be assigned by the Customer or the company.
2.3. The Employee’s place of work for each assignment is as provided for by the Customer and set out in the Assignment Schedule. Although the Employee will not have a permanent place of work, the Employee will report when instructed to the Company at 26 Cross Street, Manchester M2 7AQ or as set out in the Assignment Schedule.
2.4. The Employee agrees as necessary to work hours/provide Services which exceed the maximum average weekly working time limit of 48 hours imposed by the Working Time Regulations 1998. For the avoidance of doubt, by signing this Agreement, the Employee agrees to opt out of the Working Time Regulations 1998. The Employee may withdraw his agreement on giving the Company three months’ prior written notice.
2.5. The Employee shall take and comply with such other measures as may be reasonably necessary in respect of precautions for safeguarding all persons and property as may be affected by the performance of the Services.
2.6. This Agreement replaces any previous arrangements (verbal or otherwise) relating to the Employment Contract of the Employee by the Company. This Employment Contract and the period of continuous employment take effect on the Commencement Date.
2.7. In the event the Employee commences the Services after receiving this Agreement but without signing the Agreement then the Employee will be deemed to have accepted the terms of this Agreement.
2.8. The Company will work with the agency which introduced the Employee to help the Employee to source their next contract at the end of an Assignment. The Company makes no charge for any work finding services it provides in conjunction with the introducing agency.
3. Hours of Work
3.1 The Company undertakes at all time during the currency of this contract to use reasonable endeavours to allocate the Employee to suitable Assignments. Without prejudice to the Company's rights under Clause 3 as a minimum guarantee the Employee will be offered at least 336 hours of work on Assignment over the course of any full 12 months’ period commencing on the Commencement Date paid at a rate at least equivalent to the then current National Minimum Wage. For part time employees the guarantee shall be prorated based upon full time work of 35 hours per week. For the avoidance of doubt there is no entitlement to any particular number of hours of work on Assignment in any particular period shorter than 12 months. The provisions of the Apportionment Act 1870 shall not apply to this contract. Save as provided for herein the Company does not guarantee that there will always be a suitable Assignment to which the Employee can be allocated. The Employee acknowledges that there may be periods when no work is available for the Employee. In such circumstances the Company has no obligation to pay the Employee when the Employee is not carrying out work or on an Assignment. The Employee is obliged to work when required by the Company. If the Employee does not work when required to do so by the Company, without good cause, the Company shall be entitled to terminate the Employee's employment with immediate effect.
3.2 The Employee's assigned hours of work will vary according to the requirements of the Client. It is a condition of the Employee's employment that the Employee works flexibly in accordance with these requirements. The Company will give the Employee as much advance notice as is reasonably practicable of the hours the Employee will be required to work.
4. Duration and Notice
4.1. The Employee and the Company must give each other notice of their intention to terminate the contract of employment in accordance with the current statutory minimum period of notice to terminate employment, namely one week’s notice during the first 2 years of employment and then, from 2 years’ service onwards, one additional week’s notice for each completed year of service thereafter, up to a maximum of 12 weeks’ notice.
4.2. When the Employee is not on assignment, he is obliged to contact the Company once each week as provided for in the Assignment Schedule to confirm his availability to undertake further Assignments. If the Employee fails to contact the Company for any continuous period of four weeks following the end of his last Assignment the Employee expressly agrees that the Company may choose to treat this as the employee’s resignation and intention to terminate his employment with immediate effect.
4.3. The Company may, at its discretion, terminate the Employee’s employment without notice and make a payment of basic pay (if applicable or appropriate) in lieu of notice.
4.4. Following service of notice to terminate the employment by either party, the Company may place the Employee on garden leave for the whole or part of the remainder of the notice period. During any period of garden leave the Company shall be under no obligation to provide any work to the Employee.
5. Warranty
The Employee warrants that he:
5.1. has read and understood this Agreement, and
5.2. has the correct qualifications and experience to provide the Services, and
5.3. has the legal right to work in the countries he is required to provide the Services, and has provided evidence of this to the Company in accordance with the Asylum and Immigration Act 1996, and
5.4. has made the Company aware of any convictions or pending court action that have or might result in a prison sentence; and
5.5. has made the Company aware of any Services undertaken for the Client prior to the Commencement Date, and
5.6. has no relevant unspent criminal convictions, and
5.7. has no alcohol or drug related issues which will interfere with their ability to perform the Services, and
5.8. is willing to undergo a drugs test prior to or after the Commencement Date if reasonably required, and
5.9. will supply the name, address and telephone number of business referees covering the last 5 years if requested to do so by the Company, Client or Customer, and
5.10. shall abide by the Client’s rules and regulations as notified to him from time to time, and
5.11. shall immediately notify the Company of any complaints made by the Client, and
5.12. understands that the Employee shall not in any way represent himself as an agent of the Company or the Client and accepts that he does not have the authority to sign any document whatsoever and will not hold himself out as having such authority on behalf of the Company or the Client; any documents or similar which are signed by the Employee will not legally bind the Company or the Client, and
5.13. has the right to use all software that he may utilise in connection with the Services and that such use does not infringe any third party property rights and that all necessary licences In connection with the use of the software have been purchased, and
5.14. will at all times have adequate motor vehicle insurance that covers business use if the Employee is utilising a motor vehicle in connection with the provision of Services to the Client, and
5.15. will not publicise or comment in the media on this Agreement, or the dealings of the Company or the Client without the express prior written approval of the Company or the Client, and the provisions of this Clause shall survive the expiry or termination of this Agreement, and
5.16. where instructed, the Employee will submit timesheets to the Company within 7 days of the end of the week, if weekly, or month, if monthly, and will abide by the terms and conditions of the Customer Agreement as notified to them from time to time.
6. Remuneration
6.1. The rate of Remuneration will vary according to the rates agreed with Clients for whom the Employee provides Services. The Employee will be notified in writing by the Company of the hourly rates of remuneration applicable to an Assignment as soon as reasonably practicable and the pay rates will be included in the Assignment Schedule. Unless otherwise agreed this will be at a rate at least equivalent to the then current National Minimum Wage. Remuneration will be paid weekly in arrears unless indicated to the contrary in any Assignment Schedule.
6.2. The Employee shall keep a timesheet record of the hours spent performing the Services. The timesheet must show the number of hours the Employee has worked each day and be signed by each of the Employee and the Client as a true record of the hours worked. Where instructed, the Employee must submit a copy of each timesheet to the Company. The Employee can only claim payments for hours worked that are supported by correctly completed timesheets. Original timesheets must be forwarded to the Customer.
6.3. The Company will pay the Employee for undisputed hours worked which are approved by the Client and which are correctly submitted.
6.4. The Company shall be entitled to make the necessary legal deductions from the Remuneration for both the Employee and the Company as required by UK and/or foreign tax and social security authorities and in relation to any other sums due from the Employee to the Company.
6.5. Any over-payment by the Company to the Employee shall be a sum of money recoverable from the Employee.
6.6. The Company will be entitled at any time during the Employment Contract and at its termination to deduct from any payment to the Employee any monies owed to the Company by the Employee.
6.7. Travel and subsistence expenses including mileage may be claimed in respect of an assignment if in relation to the necessary attendance of a temporary workplace, where this is expressly agreed [with the Client] at the start of the assignment. Further, the Client will need to expressly agree to fund any travel and subsistence expenses with the exception of mileage in addition to the normal rate of remuneration agreed for the assignment before the Company will agree to reimburse them. Any mileage agreed will be paid at the HMRC authorised mileage allowance payment rate that is in force at the time of the claim. The workplace the Employee usually attends under an assignment to personally perform their duties for the Client will not normally be a temporary workplace for these purposes unless the manner in which they provide their service is not subject to (or to the right of) supervision, direction or control (SDC) of any person and this is agreed by the Company by the completion of an SDC test.
6.8 The Company will reimburse the Employee for other specific non-travel related expenses (as the Expenses Policy refers), incurred wholly, exclusively and necessarily in the performance of their duties of employment, where the Company explicitly agrees this in advance [with the Client] at the start of an assignment. Further, the Client will need to expressly agree to fund any such expenses in addition to the normal rate of remuneration for the assignment before the Company will agree to reimburse them.
7. Annual Leave
7.1. Subject to any increased entitlement under the AWR the Employee is currently entitled to 5.6 weeks’ paid annual leave per year (inclusive of any public holidays in England and Wales) in accordance with the Working Time Regulations 1998. A sum equal to 12.07% of each weekly/ monthly Remuneration payment that the Company makes to the Employee will be accrued by the Company and paid to the Employee when they take annual leave at the rate of a week’s pay for each week of annual leave. If the Employee wishes to change this arrangement and to receive rolled up holiday pay he is required to notify the Company so that the changes can be made to the way the Employee is paid.
7.2. The Company’s holiday year runs between 1st January and 31st December. If the Employee’s employment starts or finishes part way through the holiday year, the Employee’s holiday entitlement during that year shall be calculated on a pro-rata basis (rounded up to the nearest half day). On termination of employment, the Employee will be entitled to be paid in lieu of any accrued but untaken holiday.
7.3. The Employee shall give notice of their intention to take holiday which is at least twice the period of leave that the Employee is requesting. No more than 14 days’ holiday may be taken at any one time unless prior consent is obtained from the Customer The Company may require you to take holiday on specific days as notified to the Employee.
8. Pension
8.1 The Company will comply with its obligations pursuant to Part 1 of the Pensions Act 2008.
8.2 The Employee may participate in the Company’s salary sacrifice pension scheme (or such other registered pension scheme as may replace that scheme) subject to the rules of the scheme and the tax reliefs and exemptions available from HM Revenue & Customs, in both cases as amended from time to time. Participating in the Company’s salary sacrifice scheme is completely voluntary.
8.3 If the Employee does not wish to participate in the salary sacrifice scheme, the Employee must contact the Company’s customer care department in writing before their next payment is processed. If the Employee does nothing, they will have opted into the scheme from the Commencement Date. If the Employee chooses to make additional voluntary contributions these are also part of the salary sacrifice scheme.
8.4 If the Employee has opted into the salary sacrifice scheme, the Employee agrees to irrevocably renounce their entitlement to 5% (or such other amount which is not less than the minimum contribution for auto-enrolment purposes) of their salary from the Commencement Date, on the basis that the Company will contribute an amount equal to 8% (or such other amount which is not less than the minimum total contribution for auto-enrolment purposes) of the Employee’s salary to the Carey Workplace Pension Trust pension scheme (or such other registered pension scheme as may replace that scheme).
8.5 If, in a pay reference period, the operation of the salary sacrifice scheme will take the Employee’s pay below the appropriate National Minimum Wage or National Living Wage then the Employee will not be included in the salary sacrifice scheme for that pay reference period and the Company will comply with its Pension Act 2008 obligations for auto enrolment purposes during that pay reference period but will not operate a salary sacrifice in that pay period and reduce the Employee’s pay.
9. Incapacity
9.1. The Company will pay the Employee for any absences due to sickness in accordance with his entitlement under the UK Statutory Sick Pay (SSP) Scheme.
9.2. In the event of the Employee’s absence for whatever reason the Employee or someone on their behalf should contact the Company as soon as possible before the normal starting time on the first day of the absence to inform them of the reason for the absence.
9.3. If the absence is due to sickness, and lasts for up to 7 days (Including weekends) a self- certification form must be completed and sent to the Company as soon as possible. Copies of the form will be supplied to the Employee, or can be obtained from the Company.
9.4. In respect of absences lasting 7 days or longer, a medical certificate signed by the Employee’s doctor stating the reason for the absence must be sent to the Company. Further medical certificates should be sent thereafter as required, to ensure that the entire period of absence is duly covered by such certificates.
9.5. Provided that the Employee complies with the requirements of clauses 9.1 to 9.3 above, the Company will pay SSP in accordance with the Government’s SSP Scheme.
9.6. For the purposes of the SSP Scheme the agreed ‘qualifying days’ are those days that the Employee would normally have worked for the Company over the period of 12 weeks prior to the date of sickness.
10. Summary Termination
10.1. The Company may terminate the Employment Contract without notice (but without prejudice to any other remedy or remedies which the Company may have against the Employee) and the Employee will have no claim for Remuneration or damages or otherwise against the Company if:
10.2. The Employee becomes the subject or a bankruptcy order or an Interim order under the insolvency Act 1986;
10.3. The Employee becomes a patient under Part vii of the Mental Health Act 1983;
10.4. The Employee is convicted of any criminal offence (other than a road/traffic offence for which the penalty is other than imprisonment);
10.5. The Employee commits or is reasonably believed by the Company to have committed any act of dishonesty, gross misconduct or another act which may seriously affect his ability to discharge his duties;
10.6. The Employee does not pass a drugs test, if required, to the satisfaction of the Company, Client or Customer;
10.7. The Employee becomes guilty of any serious or persistent neglect in the discharge of his duties, or wilfully or persistently breaches any of the provisions of this Agreement;
10.8. The Employee commits any act or conducts himself in a manner, either inside or outside of work, which brings the reputation of the Company, Customer or the Client into disrepute.
10.9. The Employee’s references are, at any time, deemed unsuitable by the Company, Client or Customer;
10.10. The Client ceases trading or becomes insolvent or commits an act of bankruptcy or is dissolved or goes into liquidation or makes a voluntary arrangement with its creditors or has a receiver or administrator or manager appointed of any of its assets;
10.11. The Client is dissatisfied with the Employee for any reason;
10.12. The Employee refuses to sign a Client’s reasonable confidentiality agreement; or
10.13. The Customer Agreement is terminated for any reason or within 30 days of the invoice date the Customer has not paid the Company.
11. Confidential Information
11.1. The Employee shall at any time during this Agreement or at any time after its termination or expiry, maintain as confidential all information of a confidential or commercially sensitive nature which the Employee receives from the Client and/or the Customer and/or the Company (“Confidential Information”) and shall only use the same exclusively for the purposes of this Agreement.
11.2. The Employee shall not make any unauthorised use of Confidential Information belonging to the Client.
11.3. The Employee shall immediately notify the Company should he becomes aware of the possession, use or knowledge of any of the Confidential Information by any unauthorised person, whether during or after the term of this Agreement and shall provide such assistance as is reasonable to deal with such an event.
11.4. The Employee agrees to sign any confidentiality agreement provided to him by the Client in such form as the Client may reasonably require.
11.5. All property, software and other materials supplied by the Client or that is created in
providing the Service shall be and shall remain the property of the Client.
12. Intellectual Property Rights.
12.1. The Employee shall give the Company full written details of all Inventions and of all works embodying Intellectual Property Rights made wholly or partially by him at any time during the course of the Appointment which relate to, or are reasonably capable of being used in, the business of the Company. The Employee acknowledges that all Intellectual Property Rights subsisting (or which may in the future subsist) in all such Inventions and works shall automatically, on creation, vest in the Company absolutely. To the extent that they do not vest automatically, the Employee holds them on trust for the Company. The Employee agrees promptly to execute all documents and do all acts as may, in the opinion of the Company, be necessary to give effect to this clause
12.2. The Employee hereby irrevocably waives all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which he has or will have in any existing or future works referred to in clause 12.1.
12.3. The Employee hereby irrevocably appoints the Company to be his attorney to execute and do any such instrument or thing and generally to use his name for the purpose of giving the Company or its nominee the benefit of this clause 12. The Employee acknowledges in favour of a third party that a certificate in writing signed by any Director or the Secretary of the Company that any instrument or act falls within the authority conferred by this clause 12 shall be conclusive evidence that such is the case.
13. Grievance and Disciplinary Procedure
The Company’s Grievance and Disciplinary Policy and Procedure is contained in the Employee Handbook and can be obtained from the Company at 26 Cross Street, Manchester, M2 7AQ. Neither form part of the contract of employment with the Employee. Any appeals or grievances should be raised with Gareth Murphy.
14. Notices
Notice will be considered served under this Agreement to the Company if it has been sent by recorded or first class post to the Company’s registered office. Notice will be considered served under this Agreement to the Employee, if it is handed to him or sent by recorded or first class post to the address specified by him, either in this Agreement or another address as may have been notified to the Company. A notice that is sent by recorded or first class post will be considered to have been served on the working day following the day of posting.
15. Data Protection
15.1. The Company will collect and process information relating to you in accordance with the privacy notice which is annexed to this Agreement. You are required to sign and date the privacy notice, and return to the Company.
15.2. You shall comply with the Data Protection Policy contained in the Employee Handbook when handling personal data in the course of employment including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of the Company. You will also comply with the Clients policies which are notified to you with regards to data protection, including confidentiality and social media.
15.3. Failure to comply with the Data Protection Policy or any of the Client’s notified policies may be dealt with under our disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.
16. Entire Agreement and No Variation
16.1. This Agreement and the Assignment Schedule sets out the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes and replaces all prior communications, representations, warranties, stipulations, undertakings and agreements whether oral or written between the parties and may not be varied except in writing as agreed between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
16.2. The terms and conditions contained or referred to in this Agreement relating to the supply of the Services shall be to the exclusion of any terms and conditions submitted at any time whether printed or sent with any order form or otherwise.
17. Jurisdiction
This agreement shall be governed and construed in accordance with the laws of England and Wales. Each party hereby submits to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or in connection with this Agreement and its implementation and effect. The Employee acknowledges that he has received a copy of this Agreement and that they have read and understood the same and agree to be bound by all contractual terms contained in it. The Employee further agrees that he has checked that his address and payment details are accurate.
18. Opt In
You have chosen to Opt-in to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 pursuant to Regulation 32 thereof. You have the right to Opt-out and please give the business one months notice.
19. Collective Agreements
There is no collective agreement in force which directly affects the Employee’s employment by the Company.
20. AWR
20.1. Prior to commencement of any Assignment, the Employee shall inform the Company if he is aware that he has worked for the Client (or for any company which is a parent company of, subsidiary company of, or shares an ultimate parent company with the Client) including via another agency or third party at any time since 1st October 2011 up to commencement of the most recent Assignment and if so, details of when and in what role(s), including details of any breaks between periods of work, and the reasons for such breaks.
20.2. Where the Employee believes that he is entitled to access to collective facilities and amenities or to be informed of any relevant vacant posts with the Client or, having completed the Qualifying Period for an Assignment, he is entitled to but has not received the same basic working and employment conditions (as defined in the AWR) as if he were directly recruited by the client the Employee should discuss this with the Company or otherwise raise this in writing with the Company setting out the premise for the concern.
Signature:
Name: Gareth Murphy
For and on behalf of the Company. Date: as per your particulars of employment
Signature:
As per the date of the submission of your application.
