TERMS OF BUSINESS WITH A HIRER FOR THE SUPPLY OF AGENCY WORKERS
THE PARTIES
(1) Employment of London Limited (registered company no. 5265174) of Vista Centre, 50 Salisbury
Road, Hounslow, Middlesex, TW4 6JQ.
(2) _________________________________________________________________________________
OF______________________________________________________________________________
_________________________________________________________________________________
(“the Hirer”) to whom the Agency Worker is Introduced. For the avoidance of doubt the Hirer shall
also include any subsidiary or associated person, firm or corporate body (as the case may be) to
whom the Agency Worker is Introduced.
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms the following definitions apply:
“Agency Worker” means the individual who is Introduced by the Employment
Business to provide services to the Hirer;
“Assignment” means assignment services to be performed by the Agency
Worker for the Hirer for a period of time during which the Agency
Worker is supplied by the Employment Business to work
temporarily for and under the supervision and direction of the
Hirer;
“Assignment Details Form” means written confirmation of the assignment details agreed with
the Hirer prior to commencement of the Assignment;
“AWR” means the Agency Workers Regulations 2010;
“AWR Claim” means any complaint or claim to a tribunal or court made by or on
behalf of the Agency Worker against the Hirer and/or the
Employment Business for any breach of the AWR;
“Calendar Week” means any period of seven days starting with the same day as the
first day of the First Assignment;
“Charges” means the Employment Business’s charges calculated in
accordance with clause 6 and as may be varied from time to time
in accordance with these Terms;
“Comparable Employee” means as defined in Schedule 1 to these Terms;
“Commencement Date” means starts from ________ / _________ / __________.
“Conduct Regulations” means the Conduct of Employment Agencies and Employment
Businesses Regulations 2003;
“Confidential Information” means any and all confidential commercial, financial, marketing,
technical or other information or data of whatever nature relating
to the Hirer or Employment Business or their business or affairs
(including but not limited to these Terms, data, records, reports,
agreements, software, programs, specifications, know-how, trade
secrets and other information concerning the Assignment) in any
form or medium whether disclosed or granted access to whether
in writing, orally or by any other means, provided to the Agency
Worker or any third party in relation to the Assignment by the
Hirer or the Employment Business or by a third party on behalf of
the Hirer whether before or after the date of these Terms together
with any reproductions of such information in any form or
medium or any part(s) of such information;
“Control” means (a) the legal or beneficial ownership, directly or indirectly,
of more than 50% of the issued share capital or similar right of
ownership; or (b) the power to direct or cause the direction of the
affairs and/or general management of the company, partnership,
statutory body or other entity in question, whether through the
ownership of voting capital, by contract or otherwise, and
“Controls” and “Controlled” shall be construed accordingly;
“Data Protection Laws” means the Data Protection Act 2018, the General Data Protection
Regulation (EU 2016/679) and any applicable statutory or
regulatory provisions in force from time to time relating to the
protection and transfer of personal data;
“Engagement” means the engagement (including the Agency Worker’s
acceptance of the Hirer’s offer), employment or use of the Agency
Worker by the Hirer or by any third party to whom the Agency
Worker has been introduced by the Hirer, on a permanent or
temporary basis, whether under a contract of service or for
services; under an agency, licence, franchise or partnership
agreement; or any other engagement; or through a limited
company of which the Agency Worker is an officer, employee or
other representative; and “Engage”, “Engages” and “Engaged”
shall be construed accordingly;
“First Assignment” means:
(a) the relevant Assignment; or
(b) if, prior to the relevant Assignment:
(i) the Agency Worker has worked in any
assignment in the same role with the relevant
Hirer as the role in which the Agency Worker
works in the relevant Assignment; and
(ii) the relevant Qualifying Period commenced in
any such assignment,
that assignment (an assignment being (for the purpose of
this defined term) a period of time during which the
Agency Worker is supplied by one or more Temporary
Work Agencies to the relevant Hirer to work temporarily
for and under the supervision and direction of the
relevant Hirer);
“Hirer” means the person, firm or corporate body together with any
subsidiary or associated person, firm or corporate body (as the
case may be) to whom the Agency Worker is Introduced;
“Hirer’s Group” means (a) any individual, company, partnership, statutory body or
other entity which from time to time Controls the Hirer, including
(but not limited to) as a holding company as defined in section
1159 of the Companies Act 2006; and (b) any company,
partnership, statutory body or other entity which from time to
time is Controlled by or is under common Control with the Hirer,
including (but not limited to) as a subsidiary or holding company
as defined in section 1159 of the Companies Act 2006;
“Introduction” means (i) the passing to the Hirer of a curriculum vitae or
information which identifies the Agency Worker; or (ii) the Hirer’s
interview of the Agency Worker (in person or by telephone or by
any other means), following the Hirer’s instruction to the
Employment Business to supply a temporary worker; or (iii) the
supply of the Agency Worker; and, in any case, which leads to an
Engagement of the temporary worker or the Agency Worker; and
“Introduced” and “Introducing” shall be construed accordingly;
“Losses” means all losses, liabilities, damages, costs, expenses, fines,
penalties or interest, whether direct, indirect, special or
consequential (including, without limitation, any economic loss or
other loss of profits, business or goodwill, management time and
reasonable legal fees) and charges, including such items arising
out of or resulting from actions, proceedings, claims and demands;
“Period of Extended Hire” means any additional period that the Hirer wishes the Agency
Worker to be supplied for beyond the duration of the original
Assignment or series of Assignments as an alternative to paying a
Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of
which the Agency Worker is supplied by one or more Temporary
Work Agencies to the relevant Hirer to work temporarily for and
under the supervision and direction of the relevant Hirer in the
same role, and as further defined in Schedule 1 to these Terms;
“Relevant Period” means whichever ends the later of (a) the period of 8 weeks
commencing on the day after the last day on which the Agency
Worker worked for the Hirer having been supplied by the
Employment Business; or (b) the period of 14 weeks commencing
on the first day on which the Agency Worker worked for the Hirer
having been supplied by the Employment Business or 14 weeks
from the first day of the most recent Assignment where there has
been a break of more than 6 weeks (42 days) since any previous
assignment;
“Relevant Terms and Conditions” means terms and conditions relating to:
(a) pay;
(b) the duration of working time;
(c) night work;
(d) rest periods;
(e) rest breaks; and
(f) annual leave
that are ordinarily included in the contracts of employees or
workers (as appropriate) of the Hirer whether by collective
agreement or otherwise and including (for the avoidance of doubt
and without limitation) such terms and conditions that have
become contractual by virtue of custom and practice, including
copies of all relevant documentation;
“Remuneration” includes gross base salary or fees, guaranteed and/or anticipated
bonus and commission earnings, allowances, inducement
payments, the benefit of a company car and all other payments
and taxable (and, where applicable, non-taxable) emoluments
payable to or receivable by the Agency Worker for services
provided to or on behalf of the Hirer or any third party. Where a
company car is provided, a notional amount of ______________
will be added to the salary in order to calculate the Employment
Business’s fee;
“Safeguarding Legislation” means the Safeguarding Vulnerable Persons Act 2006;
“Temporary Work Agency” means as defined in Schedule 1 to these Terms;
“Terms” means these terms of business (including the attached schedules)
together with any applicable Assignment Details Form;
“Transfer Fee” means the fee payable in accordance with clause 8 of these Terms
and Regulation 10 of the Conduct Regulations;
“Vulnerable Person” means any person who by reason of age, infirmity, illness, disability
or any other circumstance is in need of care or attention, and
includes any person under the age of eighteen; and
“WTR” means the Working Time Regulations 1998;
1.2. Unless the context otherwise requires, references to the singular include the plural and
references to the masculine include the feminine and vice versa.
1.3. The headings contained in these Terms are for convenience only and do not affect their
interpretation.
1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as
from time to time amended, modified, extended, re-enacted, replaced or applied by or under
any other enactment (whether before or after the date of these Terms) and all subordinate
legislation made (before or after these Terms) under it from time to time.
2. THE CONTRACT
2.1. These Terms constitute the entire agreement between the Employment Business and the Hirer
for the supply of the Agency Worker’s services by the Employment Business to the Hirer and are
deemed to be accepted by the Hirer by virtue of its request for, interview with or Engagement
of the Agency Worker, or the passing of any information by the Hirer about an Agency Worker
to any third party following an Introduction.
2.2. Unless otherwise agreed in writing by director of the Employment Business, these Terms prevail
over any terms of business or purchase conditions (or similar) put forward by the Hirer.
2.3. Subject to clause 6.2, no variation or alteration to these Terms shall be valid unless the details
of such variation are agreed between the Employment Business and the Hirer and are set out in
writing and a copy of the varied Terms is given to the Hirer stating the date on or after which
such varied Terms shall apply.
2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the
Employment Agencies Act 1973 when Introducing Agency Workers for Assignments with the Hirer.
EXCLUSIVITY TERM
2.5. The Hirer agrees that it will exclusively use the services of the Employment Business for the
supply of temporary workers for the duration of the Exclusivity Term. Accordingly, the Hirer
agrees that during the Exclusivity Term it will not directly or indirectly source temporary workers
other than via the Employment Business save in circumstances where the Employment
Businesses is unable to supply temporary workers and has given its prior written consent to the
Hirer to source temporary workers from a third party.
2.5.1. Nothing in these Terms shall preclude the Hirer from:
2.5.1.1. responding to unsolicited approaches from third party employment
businesses by referring that employment business to the Employment
Business to serve as a sub-contractor or consultant for the Employment
Business; and/or
2.5.1.2. responding to unsolicited approaches from work-seekers directly; and/or
2.5.1.3. directly approaching work-seekers using its own resources.
2.5.2. Notwithstanding that an Assignment may termination in accordance with clause Error!
Reference source not found. below, the Exclusivity Term shall terminate or by either
party giving the other 3 months’ or other such notice as you may require written notice
provided it is reasonable.
2.5.3. For the avoidance of doubt if that the Exclusivity Term is terminated by either party,
the Hirer remains obligated to pay any fees owed to the Employment Business in
accordance with these Terms, irrespective of whether the fees relate to events
occurring before or after the Exclusivity Term.
3. HIRER OBLIGATIONS
3.1. To enable the Employment Business to comply with its obligations under the Conduct
Regulations the Hirer undertakes to provide to the Employment Business details of the position
which the Hirer seeks to fill, including the following:
3.1.1. the type of work that the Agency Worker would be required to do;
3.1.2. the location and hours of work;
3.1.3. the experience, training, qualifications and any authorisation which the Hirer
considers necessary or which are required by law or any professional body for
the Agency Worker to possess in order to work in the position;
3.1.4. any risks to health or safety known to the Hirer and what steps the Hirer has
taken to prevent or control such risks;
3.1.5. the date the Hirer requires the Agency Worker to commence the Assignment;
and
3.1.6. the duration or likely duration of the Assignment.
3.2. The Hirer will assist the Employment Business in complying with the Employment Business’s
duties under the WTR by supplying any relevant information about the Assignment requested
by the Employment Business and the Hirer will not do anything to cause the Employment
Business to be in breach of its obligations under these Regulations. If the Hirer requires the
services of an Agency Worker for more than 48 hours in any week during the course of an
Assignment, the Hirer must notify the Employment Business of this requirement before the
commencement of the Assignment or at the very latest, where this is not reasonably practicable,
before the commencement of the week in which the Hirer requires the Agency Worker to work
in excess of 48 hours.
3.3. The Hirer will comply with its obligations under Regulation 12 (Rights of agency workers in
relation to access to collective facilities and amenities) and 13 (Rights of agency workers in
relation to access to employment) of the AWR.
3.4. To enable the Employment Business to comply with its obligations under the AWR, the Hirer
undertakes as soon as possible prior to the commencement of each Assignment and during each
Assignment (as appropriate) and at any time at the Employment Business’s request:
3.4.1. to inform the Employment Business of any Calendar Weeks in which the Agency Worker
has worked in the same or a similar role with the Hirer via any third party prior to the
date of commencement of the relevant Assignment and/or during the relevant
Assignment which count or may count towards the Qualifying Period;
3.4.2. if, the Agency Worker has worked in the same or a similar role with the Hirer via any
third party prior to the date of commencement of the relevant Assignment and/or
works in the same or a similar role with the Hirer via any third party during the relevant
Assignment, to provide the Employment Business with all the details of such work which
may count towards the Qualifying Period, including (without limitation) details of
where, when and the period(s) during which such work was undertaken and any other
details requested by the Employment Business;
3.4.3. to inform the Employment Business if, the Agency Worker has prior to the date of
commencement of the relevant Assignment and/or during the relevant Assignment
carried out work which could be deemed to count toward the Qualifying Period for the
relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
3.4.3.1. completed two or more assignments with the Hirer;
3.4.3.2. completed at least one assignment with the Hirer and one or more earlier
assignments with any member of the Hirer’s Group; and/or
3.4.3.3. worked in more than two roles during an assignment with the Hirer and on
at least two occasions worked in a role that was not the same role as the
previous role;
3.4.4. save where the Agency Worker will not complete the Qualifying Period during the term
of the Assignment, to:
3.4.4.1. provide the Employment Business with written details of the basic working
and employment conditions the Agency Worker would be entitled to for
doing the same job if the Agency Worker had been recruited directly by the
Hirer as an employee or worker at the time the Qualifying Period
commenced or with those of a Comparable Employee, such basic working
and employment conditions being the Relevant Terms and Conditions;
3.4.4.2. inform the Employment Business in writing whether the Relevant Terms
and Conditions provided are those of a hypothetical directly recruited
employee or worker or those of a Comparable Employee;
3.4.4.3. if the Relevant Terms and Conditions provided are those of a Comparable
Employee, provide the Employment Business with a written explanation of
the basis on which the Hirer considers that the relevant individual is a
Comparable Employee; and
3.4.4.4. inform the Employment Business in writing of any variations in the Relevant
Terms and Conditions made at any time during the relevant Assignment
after the Qualifying Period commenced; and
3.4.5. save where the Agency Worker will not complete the Qualifying Period during the term
of the Assignment, to provide the Employment Business with written details of its pay
and benefits structures and appraisal processes and any variations of the same.
3.5. In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled
under the AWR, the Hirer will:
3.5.1. integrate the Agency Worker into its relevant performance appraisal system;
3.5.2. assess the Agency Worker’s performance;
3.5.3. provide the Employment Business with copies of all documentation relating to any
appraisal of the Agency Worker, including without limitation written details of the
outcome of any appraisal and the amount of any bonus awarded; and
3.5.4. provide the Employment Business with all other assistance the Employment Business
may request in connection with the assessment of the Agency Worker’s performance
for the purpose of awarding any bonus.
3.6. The Hirer will comply with all the Employment Business’s requests for information and any other
requirements to enable the Employment Business to comply with the AWR.
3.7. The Hirer warrants that:
3.7.1. all information and documentation supplied to the Employment Business in accordance
with clauses 3.4, 3.5 and 3.6 is complete, accurate and up-to-date; and
3.7.2. it will, during the term of the relevant Assignment, immediately inform the Employment
Business in writing of any subsequent change in any information or documentation
provided in accordance with clauses 3.4, 3.5 and 3.6.
3.8. Without prejudice to clauses 14.7 and 14.8, the Hirer shall inform the Employment Business in
writing of any:
3.8.1. oral or written complaint the Agency Worker makes to the Hirer which is or may be a
complaint connected with rights under the AWR; and
3.8.2. written request for information relating to the Relevant Terms and Conditions that the
Hirer receives from the Agency Worker
as soon as possible but no later than 7 calendar days from the day on which any such oral
complaint is made to or written complaint or request is received by the Hirer and the Hirer will
take such action and give such information and assistance as the Employment Business may
request, and within any timeframe requested by the Employment Business, in order to resolve
any such complaint or to provide any such information in a written statement to the Agency
Worker within 28 days of the Hirer’s receipt of such a request in accordance with Regulation 16
of the AWR and the Hirer will provide the Employment Business with a copy of any such written
statement.
3.9. The Hirer undertakes that it knows of no reason why it would be detrimental to the interests of
the Agency Worker for the Agency Worker to fill the Assignment.
4. INFORMATION TO BE PROVIDED BY THE EMPLOYMENT BUSINESS TO THE HIRER
4.1. When Introducing an Agency Worker to the Hirer the Employment Business shall inform the
Hirer:
4.1.1. of the identity of the Agency Worker;
4.1.2. that the Agency Worker has the necessary or required experience, training,
qualifications and any authorisation required by law or a professional body to work in
the Assignment;
4.1.3. that the Agency Worker is willing to work in the Assignment; and
4.1.4. of the Charges.
4.2. Where such information is not given in paper form or by electronic means it shall be confirmed
by such means by the end of the third business day (excluding Saturday, Sunday and any Public
or Bank Holiday) following, save where the Agency Worker is Introduced for an Assignment in
the same position as one in which the Agency Worker had previously been supplied within the
previous 5 business days and such information has already been given to the Hirer, unless the
Hirer requests that the information be resubmitted.
5. TIMESHEETS
5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a
period of 1 week or less) the Hirer shall sign the Employment Business’s timesheet verifying the
number of hours worked by the Agency Worker during that week.
5.2. Signature of the timesheet by the Hirer is confirmation of the number of hours worked. If the
Hirer is unable to sign a timesheet produced for authentication by the Agency Worker because
the Hirer disputes the hours claimed, the Hirer shall inform the Employment Business as soon as
is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment
Business to enable the Employment Business to establish what hours, if any, were worked by
the Agency Worker. Failure to sign the timesheet does not absolve the Hirer of its obligation
to pay the Charges in respect of the hours worked.
5.3. The Hirer shall not be entitled to decline to sign a timesheet on the basis that it is dissatisfied
with the work performed by the Agency Worker. In the event that the Hirer is dissatisfied with
the Agency Worker the provisions of clause 10 below shall apply.
6. CHARGES
6.1. The Hirer agrees to pay the Charges as notified to and agreed with the Hirer. The Charges are
calculated according to the number of hours worked by the Agency Worker and comprise the
following:
6.1.1. the Agency Worker’s hourly rate of pay;
6.1.2. an amount equal to any paid holiday leave to which the Agency Worker is entitled in
connection with the WTR and, where applicable, the AWR and which is accrued during
the course of an Assignment;
6.1.3. any other amounts to which the Agency Worker is entitled under the AWR, where
applicable;
6.1.4. employer’s National Insurance contributions;
6.1.5. any travel, hotel or other expenses as may have been agreed with the Hirer or, if there
is no such agreement, such expenses as are reasonable; and
6.1.6. the Employment Business’s commission, which is calculated as a percentage of the
Agency Worker’s hourly rate.
6.2. The Employment Business reserves the right to vary the Charges agreed with the Hirer, by giving
written notice to the Hirer:
6.2.1. in order to comply with any additional liability imposed by statute or other legal
requirement or entitlement, including but not limited to the AWR, the WTR and the
Pensions Act 2008; and/or
6.2.2. if there is any variation in the Relevant Terms and Conditions.
6.3. The Employment Business will invoice the Charges to the Hirer on a basis. The Hirer will pay the
Charges within days of the date of the invoice.
6.4. In addition to the Charges, the Hirer will pay the Employment Business an amount equal to any
bonus that the Hirer awards to the Agency Worker in accordance with clause 3.5 immediately
following any such award and the Employment Business will pay any such bonus to the Agency
Worker. For the avoidance of doubt, the Hirer will also pay any employer’s National Insurance
Contributions and the Employment Business’s commission on the bonus (calculated using the
same percentage rate as that used under clause 6.1.6) in addition to any bonus payable to the
Agency Worker.
6.5. VAT is payable at the applicable rate on the entirety of the Charges and all sums payable under
clause 6.4.
6.6. The Employment Business will not refund any of the Charges.
6.7. The Hirer’s obligations under this clause 6 shall be performed without any right of the Hirer to
invoke set-off, deductions, withholdings or other similar rights.
7. PAYMENT OF THE AGENCY WORKER
The Employment Business is responsible for paying the Agency Worker and where appropriate, for the
deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the
Agency Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
8. TRANSFER FEES
8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer Engages an Agency Worker Introduced
by the Employment Business other than via the Employment Business or introduces the Agency
Worker to a third party and such introduction results in an Engagement of the Agency Worker
by the third party other than via the Employment Business and:
8.1.1. where the Agency Worker has been supplied by the Employment Business, such
Engagement takes place during the Assignment or within the Relevant Period; or
8.1.2. where the Agency Worker has not been supplied, such Engagement takes place within
6 months from the date of the Introduction to the Hirer.
The Transfer Fee will be calculated in accordance with Schedule 2.
8.2. If the Hirer wishes to Engage the Agency Worker other than via the Employment Business
without liability to pay a Transfer Fee, the Hirer may, on giving written notice to the Employment
Business, engage the Agency Worker for the Period of Extended Hire specified in Schedule 2.
8.3. During such Period of Extended Hire the Employment Business shall supply the Agency Worker
on the same terms on which s/he has or would have been supplied during the Assignment and
in any case on terms no less favourable than those terms which applied immediately before the
Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the
Charges set out in clause 6. If the Employment Business is unable to supply the Agency Worker
for any reason outside its control for the whole or any part of the Period of Extended Hire; or
the Hirer does not wish to hire the Agency Worker on the same terms as the Assignment; but
the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced pro[1]rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire
worked by the Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice
of its intention to Engage the Agency Worker other than via the Employment Business before
such Engagement commences, the parties agree that the Transfer Fee shall be due in full.
8.4. Where prior to the commencement of the Hirer’s Engagement other than via the Employment
Business the Employment Business and the Hirer agree that such Engagement will be on the
basis of a fixed term of less than 12 months, the Employment Business may, in its absolute
discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 pro-rata. Such
reduction is subject to the Hirer Engaging the Agency Worker for the agreed fixed term. Should
the Hirer extend the Agency Worker’s Engagement or re-Engage the Agency Worker within 12
months from the commencement of the initial Engagement the Employment Business reserves
the right to recover the balance of the Transfer Fee.
8.5. The Employment Business will not refund the Transfer Fee in the event that the Engagement of
the Agency Worker other than via the Employment Business by the Hirer or by a third party to
which the Hirer introduces the Agency Worker terminates or terminates before the end of the
fixed term referred to in clause 8.4.
8.6. VAT is payable in addition to any Transfer Fee due.
9. SUITABILITY CHECKS AND INFORMATION TO BE PROVIDED IN SPECIAL SITUATIONS
9.1. Where:
9.1.1. the Agency Worker is required by law, or any professional body to have any
qualifications or authorisations to work on the Assignment, the Employment Business
will take all reasonably practicable steps to obtain and offer to provide to the Hirer
copies of any relevant qualifications or authorisations of the Agency Worker; and
9.1.2. in addition, where the Assignment involves working with, caring for or attending one or
more Vulnerable Persons, the Employment Business will take all reasonably practicable
steps to obtain and offer to provide copies to the Hirer of two references from persons
who are not relatives of the Agency Worker and who have agreed that the references
they provide may be disclosed to the Hirer;
and such other reasonably practicable steps as are required to confirm that the Agency Worker
is suitable for the Assignment. If the Employment Business has taken all reasonably practicable
steps to obtain the information above and has been unable to do so fully it shall inform the Hirer
of the steps it has taken to obtain this information in any event.
9.2. The Hirer shall advise the Employment Business at the time of instructing the Employment
Business to supply an Agency Worker whether during the course of the Assignment, the Agency
Worker will be required to work with, care for or attend one or more Vulnerable Persons or
engage in regulated activity as defined in the Safeguarding Legislation.
9.3. The Hirer shall assist the Employment Business by providing any information required to allow
the Employment Business to comply with its statutory obligations under the Safeguarding
Legislation and to allow the Employment Business to select a suitable Agency Worker for the
Assignment.
9.4. In particular in the event that the Hirer removes an Agency Worker from an Assignment in
circumstances which would require the Employment Business to provide information to the
Disclosure and Barring Service (or the equivalent authority) under the Safeguarding Legislation,
the Hirer will provide sufficient information to the Employment Business to allow it to discharge
its statutory obligations.
10. UNSUITABILITY OF THE AGENCY WORKER
10.1. The Hirer undertakes to supervise the Agency Worker sufficiently to ensure the Hirer’s
satisfaction with the Agency Worker’s standards of work. If the Hirer reasonably considers that
the services of the Agency Worker are unsatisfactory, the Hirer may terminate the Assignment
either by instructing the Agency Worker to leave the Assignment immediately, or by directing
the Employment Business to remove the Agency Worker. The Employment Business may, in its
absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by
that Agency Worker, provided that the Hirer has notified the Employment Business immediately
that they have asked the Agency Worker to leave the Assignment or the Assignment terminates:
10.1.1. within 4 hours of the Agency Worker commencing the Assignment where the
Assignment is for more than 7 hours; or
10.1.2. within 2 hours for Assignments of 7 hours or less;
and provided that notification of the unsuitability of the Agency Worker is confirmed in writing
to the Employment Business within 48 hours of the termination of the Assignment.
10.2. The Employment Business shall notify the Hirer immediately if it receives or otherwise obtains
information which gives the Employment Business reasonable grounds to believe that any
Agency Worker supplied to the Hirer is unsuitable for the Assignment and shall be entitled to
terminate the Assignment forthwith without prior notice and without liability. Notwithstanding,
the Hirer shall remain liable for all Charges incurred prior to the termination of the Assignment.
10.3. The Hirer shall notify the Employment Business immediately and without delay and in any event
within hours if the Agency Worker fails to attend work or has notified the Hirer that they are
unable to attend work for any reason.
11. TERMINATION OF THE ASSIGNMENT
Any of the Hirer, the Employment Business or the Agency Worker may terminate an Assignment at any
time without prior notice and without liability (except in the case of termination by the Hirer, who shall
be liable for any Charges due under clause 6 above).
12. CONFIDENTIALITY AND DATA PROTECTION
12.1. All information relating to an Agency Worker is confidential and subject to the Data Protection
Laws and is provided solely for the purpose of providing work-finding services to the Hirer. Such
information must not be used for any other purpose nor divulged to any third party and the Hirer
undertakes to comply with Data Protection Laws at all times.
12.2. The Employment Business undertakes to keep confidential all Relevant Terms and Conditions
that the Hirer discloses to the Employment Business and not to use such information except for
the purposes of compliance with the AWR (including, for the avoidance of doubt and without
limitation, when dealing with any request for information or complaint made by any Agency
Worker or any AWR Claim).
12.3. Information relating to the Employment Business’s business which is capable of being
confidential must be kept confidential and not divulged to any third party, except information
which is in the public domain.
13. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment
shall belong to the Hirer. Accordingly the Employment Business shall use its reasonable endeavours to
ensure that the Agency Worker shall execute all such documents and do all such acts in order to give
effect to the Hirer’s rights pursuant to this clause.
14. LIABILITY
14.1. Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Hirer
by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and
to provide the same in accordance with the Assignment details as provided by the Hirer, no
liability is accepted by the Employment Business for any loss, expense, damage or delay arising
from any failure to provide any Agency Worker for all or part of the Assignment or from the
negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker
terminates the Assignment for any reason. For the avoidance of doubt, the Employment
Business does not exclude liability for death or personal injury arising from its own negligence
or for any other loss which it is not permitted to exclude under law.
14.2. Agency Workers supplied by the Employment Business pursuant to these Terms are engaged
under contracts for services. They are not the employees of the Employment Business but are
deemed to be under the supervision and direction of the Hirer from the time they report to take
up duties and for the duration of the Assignment. The Hirer agrees to be responsible for all acts,
errors or omissions of the Agency Worker, whether wilful, negligent or otherwise as though the
Agency Worker was on the payroll of the Hirer.
14.3. The Hirer shall advise the Employment Business of any special health and safety matters about
which the Employment Business is required to inform the Agency Worker and about any
requirements imposed by law or by any professional body, which must be satisfied if the Agency
Worker is to fill the Assignment.
14.4. The Hirer will also comply in all respects with all statutory provisions as are in force from time to
time including, for the avoidance of doubt, but not limited to the WTR, the Data Protection Laws,
Health and Safety At Work etc. Act 1974, the Management of Health and Safety at Work
Regulations 1999 (as amended), by-laws, codes of practice and legal requirements to which the
Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding the matters specifically
mentioned in clause 7 above), including in particular the provision of adequate Employer’s and
Public Liability Insurance cover for the Agency Worker during all Assignments.
14.5. The Hirer undertakes not to request the supply of an Agency Worker to perform the duties
normally performed by a worker who is taking part in official industrial action or duties normally
performed by a worker who has been transferred by the Hirer to perform the duties of a person
on strike or taking official industrial action.
14.6. The Hirer shall indemnify and keep indemnified the Employment Business against any Losses
incurred by the Employment Business arising out of any Assignment or arising out of any non[1]compliance with, and/or as a result of any breach of, these Terms by the Hirer.
14.7. The Hirer shall inform the Employment Business in writing of any AWR Claim which comes to the
notice of the Hirer as soon possible but no later than 7 calendar days from the day on which any
such AWR Claim comes to the notice of the Hirer.
14.8. If the Agency Worker brings, or threatens to bring, any AWR Claim, the Hirer undertakes to take
such action and give such information and assistance as the Employment Business may request,
and within any timeframe requested by the Employment Business and at the Hirer’s own cost,
to avoid, dispute, resist, mitigate, compromise or defend any such AWR Claim and to appeal
against any judgment given in respect thereof.
15. NOTICES
All notices which are required to be given in accordance with these Terms shall be in writing and may be
delivered personally or by first class prepaid post to the registered office of the party upon whom the
notice is to be served or any other address that the party has notified the other party in writing, including
by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when
delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when
that email or facsimile is sent.
16. SEVERABILITY
If any of the provisions of these Terms shall be determined by any competent authority to be
unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms,
which shall continue to be valid to the fullest extent permitted by applicable laws.
17. RIGHTS OF THIRD PARTIES
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties
and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
18. GOVERNING LAW AND JURISDICTION
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.