Terms of business.
Terms of Business for Temporary staffing.
Contents:
Clause
Definitions and interpretation
The agreement
The hirer’s obligations
Information to be provided by the employment business to the hirer
Timesheets
Charges including mileage
Payment
Termination of the assignment
Confidentiality and data protection
Intellectual property rights
Liability
Notices
Severability
Rights of third parties
Governing law and jurisdiction
Schedule 1 - “comparable employee” “qualifying period” and Temporary Work Agency
Schedule 2 - Transfer Fees
Schedule 3 - Charge Rates
The Parties
Calverts Events Kitchens of 6 Warsop Enterprise Centre, Warsop, Mansfield, NG20 0AF (“the Employment Business”)
________________________________________________________ (“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.
RECITALS
The Employment Business carries on the business of sourcing and supplying contractors to provide services to clients of the Employment Business. The Hirer has instructed the Employment Business to supply an Agency Worker to provide certain services (“the assignment”).
The Employment Business will introduce an Agency Worker to the Hirer to provide the work as required in the assignment on the terms and subject to the conditions of this agreement.
IT IS AGREED as follows:
DEFINITIONS AND INTERPRETATION
“Agency Worker” means the person, firm or corporate body who is introduced by the Employment Business to provide services to the Hirer, an employee of the Agency Worker if the Agency Worker is a limited company and members of the Employment Businesses own staff;
“Agency Workers Regulations” means the Agency Workers Regulations 2010
“Agreement” means this agreement as defined in Clause 2:1
“Assignment” means the 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 the Hirer
“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 day” means any day including weekends, bank holidays and named days
“Calendar Week” means any period of seven days starting with the same day as the first day of the first assignment
“Charges” means the charges as notified to the Hirer at or prior to the commencement of the Assignment and which may be varied by the Employment Business from time to time during the assignment and which are subject to the provisions of Clause 6. The charges may include (without limitation), the Agency Workers fees, the Employment Business’ commission, mileage and any travel, hotel or other disbursements as may have been agreed with the Hirer
“Comparable Employee” means as defined in Schedule 1 to this Agreement;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003
“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 (EU2016/679) 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 Workers acceptance of the Hirer’s offer), employment or use of the services of the Agency Worker, by the Hirer or by any third party to whom they have been introduced by the Hirer, directly or indirectly, on a
permanent or temporary basis whether under a contract of service or for services, or an agency, licence, franchise or partnership arrangement, or any other engagement or through any other employment business 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);
“Introduction” means:
(a) the passing to the Hirer of a curriculum vitæ or information which identifies the
Agency Worker
(b) the Hirer’s interview of an Agency Worker (in person, by
telephone or by any other means), following the Hirer’s instruction to the Employment Business to supply a temporary worker; or
(c) the supply of an agency worker; and, in any case, which leads to an Engagement of that Worker;
and “Introduces” shall be construed accordingly;
“ITEPA” means the Income Tax (Earnings and Pensions) Act 2003;
“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 and “Loss” shall be construed accordingly;
“NICs Legislation” means the Social Security (Categorisation of Earners) Regulations 1978
“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 this Agreement;
“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) any 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 taxable (and, where applicable, non-taxable) payable to or receivable by the Intermediary for services rendered to or on behalf of the Hirer.
“Temporary Work Agency” means as defined in Schedule 1 to this Agreement;
“Timesheet” has the meaning given to it in clause 5.1;
“Transfer Fee” means the fee payable in accordance with clause 8 below and Regulation 10 of the Conduct Regulations;
“VAT” means value added tax or any equivalent tax chargeable in the UK or elsewhere;
1.2. 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 this Agreement are for convenience only and do not affect their interpretation.
1.4. A reference to writing or written includes email.
1.5. 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 this Agreement) and all subordinate legislation made (before or after this Agreement) under it from time to time.
2. THE AGREEMENT
2.1 This agreement together with the attached Schedules constitutes the agreement (the “Agreement”) between the Employment Business and the Hirer for the supply of the Agency Worker by the Employment Business to the Hirer, and is deemed to be accepted by the Hirer by virtue of its request for, interview with, or Engagement of an Agency Worker or the passing of any information about the Agency Worker to any third party following an Introduction.
2.2. Unless otherwise agreed in writing by a director of the Employment Business this Agreement shall prevail over any terms of business or purchase conditions (or similar) put forward by the Hirer.
2.3. Without prejudice to the ability of the Employment Business to vary the Charges, no variation or alteration to this Agreement shall be valid unless the details of such variation are agreed between a Director of 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 Hirer acknowledges that the Agency Worker carrying out the Assignment has not opted out of the Conduct Regulations and that all of the Conduct Regulations apply to this Agreement.
3. THE HIRER’S OBLIGATIONS
Obligations regarding the Conduct Regulations
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;
3.1.6. the duration or likely duration of the Assignment.
3.2. 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.
Obligations regarding AWR
3.3. The Hirer will comply with its obligations under Regulations 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 the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment in which the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party and which count or may count towards the Qualifying Period;
3.4.2. if, in the 24 months immediately preceding the start of the Assignment and/or during the relevant Assignment , the relevant Agency Worker has worked in the same or a similar role with the Hirer via any third party to provide the Employment Business with all the details of such work, 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, in the 24 months immediately preceding the start of the relevant Assignment and/or during the relevant Assignment the Agency Worker 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.
3.4.3.4. 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;
3.4.3.5. 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;
3.4.3.6. 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
3.4.3.7. 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
3.4.4. 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 confirms that:
3.7.1. 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 3.2 to 3.6 inclusive.
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 3.2 to 3.6 inclusive.
3.8. Without prejudice to clauses 13.6 and 13.7, 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 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, 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.
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 identified to carry out the Assignment;
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. 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 they had previously been supplied and such information has already been given to the Hirer, unless the Hirer specifically requests that the information be resubmitted.
5. TIMESHEETS
5.1. At or following the end of each week of the Assignment (or at the end of the Assignment where the Assignment is for a period of less than 1 week) the Hirer shall be provided with a timesheet (which may be in electronic or hard copy written form) by the Employment Business and/or the Agency Worker setting out the number of hours worked by an Agency Worker during that week (“Timesheet”).
5.2. The Hirer shall confirm to the Employment Business whether or not it approves a Timesheet. If the Hirer approves a Timesheet as correctly indicating the number of hours worked by an Agency Worker during the period to which the Timesheet relates the Hirer shall confirm such approval by:
5.2.1 by signing the Timesheet (which may be by electronic signature); or
5.2.2 where the Employment Business reasonably requires, using such alternative method of approval as may be specified by the Employment Business from time to time.
5.3 If the Hirer disputes that a Timesheet incorrectly indicates the number of hours worked by an Agency Worker during the period to which the Timesheet relates, the Hirer shall confirm such dispute in writing to the Employment Business as soon as reasonably practicable and in any event within seven (7) calendar days of the date that the Business issues the relevant Timesheet to the Hirer.
5.4 The Hirer acknowledges and agrees that it may only dispute a Timesheet on the basis of the accuracy of the number of hours detailed in a Timesheet and for no other reason (including without limitation due to any dissatisfaction with the work carried out by the Agency Worker under the Assignment, which shall instead be subject to the provisions of clauses 9.1 and 10 below).
5.5 Where a dispute has been raised pursuant to and in accordance with clause 5.3, the Hirer shall co-operate promptly and fully with the Employment Business to:
5.5.1 verify the number of hours worked by an Agency Worker for the period to which the Timesheet relates; and 5.5.2 resolve the dispute as soon as reasonably practicable and in any event within fourteen (14) days of receipt of the dispute by the Employment Business, and in doing so the Hirer shall promptly provide any information reasonably required by the Employment Business in connection with the dispute.
5.6 Where the Hirer has not confirmed that a Timesheet is either approved or disputed in accordance with this clause 5, that Timesheet shall be deemed to have been approved by the Hirer on the expiry of seven (7) calendar days from the date that the relevant Timesheet is provided to the Hirer, either by the Agency Worker or Employment Business.
5.7 For the avoidance of doubt, disputing a Timesheet shall not relieve the Hirer of its obligation to pay any Charges and this clause 5 is without prejudice to any rights or remedies available to the Employment Business in respect of payment of the Charges.
6. CHARGES INCLUDING MILEAGE
6.1. In consideration of the provision of the Agency Worker, the Hirer shall pay the charges.
6.2. Where any of the Charges are calculated on a time basis, this shall be with regards to:
6.2.1. the charge rates set out in Schedule 3; and
6.2.2. where applicable, any Timesheet relating to the Charges; and subject to any increased rates and any daily minimum charge as detailed in Schedule 3.
6.3. The Employment Business shall be entitled to charge a cancellation fee subject to and as detailed in the provisions of Schedule 3.
6.4. Subject to clause 6.6:
6.4.1 the Employment Business will invoice the Hirer for the Charges to the Hirer on a weekly basis; and
6.4.2 the Hirer will pay each invoice issued to it by the Employment Business
6.4.2.1 in respect of the first two invoices, on or before the date that is 14 calendar days from the date of the invoice;
6.4.2.2. In respect of any further invoices, within 30 calendar days from the date of the invoice to a bank account and by any payment method specified by theEmployment Business from time to time.
6.5. The Employment Business and the Hirer may agree in writing to adopt any other frequency and/or method of invoicing and/or payment in which case the provisions of this clause 6 shall be read and construed accordingly.
6.6. In addition and without prejudice to the Charges, the Hirer will pay:
6.6.1 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 onward payment to the Agency Worker; and 6.7. Without prejudice to any other right or remedy that the Employment Business may have, if the Hirer fails to pay the Employment Business any sum due under this Agreement on the due date:
6.7.1 the Hirer shall pay:
6.7.1.1 interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause 6.7.1.1 will accrue each week at a rate of 8.25% per year; and
6.7.1.2 the costs, expenses and charges (including without limitation any legal and debt collection fees, costs and expenses and the fees, costs, commissions and expenses of any insurer, claims handler and/or agent) of
The Employment Business incurred in relation to collection of any late payment; and
6.7.2 the Employment Business may suspend performance of this Agreement until payment has been made in full.
6.8 All sums payable to the Employment Business under this Agreement:
6.8.1 are exclusive of VAT, and the Hirer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
6.8.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.9 Mileage is paid by the Hirer to the Employment Business who will then pass this payment to the Agency Worker. Mileage is charged as per the rate in schedule 3 and is calculated from the Agency Workers home address or the address from which the agency worker is travelling (whichever is shorter) to site and applies to both the journey to and from the assignment on each day.No payment shall be considered paid until the Employment Business has received it in cleared funds in full.
6.10 Any Charges paid are non-refundable.
7. PAYMENT
The Employment Business is responsible for paying the Agency Worker.
8. TRANSFER FEES
8.1. The Hirer shall be liable to pay a Transfer Fee if the Hirer Engages any Agency
Worker Introduced by the Employment Business other than via the Employment Business, or Introduces any Agency Worker to a third party and such Introduction results in an Engagement of any 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 6 months from the end date of that Agency Worker’s last assignment with the Hirer; 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.
8.1.3 where the Agency Worker has been supplied by the Employment Business and subsequently is hired through another Employment Business within 3 months of being supplied by the Employment Business.
The Transfer Fee will be calculated in accordance with Schedule 2.
8.5. The Employment Business will not refund the Transfer Fee if 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 any Agency Worker, subsequently terminates at any time.
8.6. VAT is payable at the applicable rate in addition to any Transfer Fee due.
9. UNSUITABILITY OF THE AGENCY WORKER
9.1. The Hirer undertakes to supervise the Agency Worker sufficiently to ensure the Hirer’s satisfaction with the Agency Workers standards of work. If the Hirer reasonably considers that the Agency Workers Services 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 instruct the Agency Worker to leave. The
Employment Business may, in its absolute discretion, in such circumstances, reduce or cancel the minimum daily Charge provided that the Hirer has notified the Employment Business that they have asked the Agency Worker to leave the Assignment or the Assignment terminates:
9.1.1. within 4 hours of the Agency Worker commencing the Assignment where the Assignment is for more than 6 hours; or
9.1.2. within 2 hours for Assignments of 6 hours or less;
and provided that notification of the unsuitability of the Agency Worker is confirmed in writing to the Employment Business within two calendar days of the termination of the Assignment.
9.2. 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 an 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 such Charges incurred prior to the termination of the Assignment.
9.3. The Hirer shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Agency Worker fails to complete the assignment as agreed or has notified the Hirer that they are unable to do so for any reason.
10. TERMINATION OF THE ASSIGNMENT
10.1. Either party may terminate the Assignment, in writing at any time without prior notice or liability.
10.2. Notwithstanding the provisions of clause 11.1 the Hirer may terminate the Assignment with immediate effect by notice in writing to the Employment Business where:
10.2.1. the Agency Worker has acted in breach of any statutory or other reasonable rules and regulations applicable to them while providing the Services; or
10.2.2. the Agency is in wilful or persistent breach of its obligations; or
10.2.3. the Hirer reasonably believes that the Agency Worker has not observed any condition of confidentiality applicable to the role; or
10.2.4. the Hirer reasonably considers that the service provided by the Agency Worker is unsatisfactory.
10.3. The Employment Business may terminate an Assignment with immediate effect by notice in writing if:
10.3.1. the Hirer is in wilful or persistent breach of its obligations under this Agreement and where the breach is capable of being remedied, fails to remedy the breach within 7 days of receiving written notice from the Employment Business to do so; or
10.3.2. the Hirer fails to pay any amount which is due to the Employment Business in full and on the date that the payment falls due; or
10.3.3. the Hirer is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or
10.3.4. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Hirer; or
10.3.5. an order is made for the winding up of the Hirer, or where the Hirer passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or
10.3.6. (where the Hirer is an individual) the Hirer dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order;
10.3.7. the Employment Business knows or suspects that the Hirer has breached the Data Protection Laws.
11. CONFIDENTIALITY AND DATA PROTECTION
11.1. All information relating to an Agency Worker is confidential and where that
information relates to an individual is also subject to the Data Protection Laws and is provided solely for the purpose of providing 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 abide by the provisions of the Data Protection Laws in receiving and processing the information at all times.
11.2. 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).
11.3. 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.
12. INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, patents and other intellectual property rights deriving from the provision of Services by the Agency Worker for the Hirer during 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.
13. LIABILITY
13.1. Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Hirer by ensuring reasonable standards of skills, 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 Losses arising from the failure to provide an Intermediary for all or part of the period 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.
13.2. The Agency Worker is deemed to work under (or subject to the right of) the supervision, direction or control of the Hirer as to the manner in which s/he provides his/her services for the duration of the Assignment.
13.3. 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. The Hirer will comply in all respects with all relevant statutes, by-laws, codes of practice and legal requirements including the provision of adequate public liability insurance in respect of the Agency Worker.
13.4. 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.
13.5. If the Agency Worker brings, or threatens to bring, any AWR Claim, the Hirer undertakes to take such action and to 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 judgement given in respect Thereof.
13.6. The Hirer shall inform the Employment Business in writing of any AWR Claim which comes to the notice of the Hirer as soon as possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Hirer.
13.7. The Hirer shall indemnify and keep indemnified the Employment Business against any Losses incurred by the Employment Business by reason of any proceedings, claims or demands by any third party (including specifically, but without limitation, HMRC and any successor, equivalent or related body pursuant to any of the provisions of ITEPA or the NICs legislation (and/or any supporting or consequential secondary legislation relating thereto)) arising out of any Assignment or arising out of any non-compliance with, and/or as a result of any breach of this Agreement by the Hirer.
13.8. The Hirer shall indemnify and keep indemnified the Employment Business against any Losses incurred by the Employment Business by reason of any proceedings, claims or demands by the Agency Worker or any third party arising out of any non-compliance with, and/or as a result of, any breach of the Data Protection Laws by the Hirer.
14. NOTICES
All notices which are required to be given in accordance with this Agreement 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 or by email. 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 transmission, when that email is sent.
15. SEVERABILITY
If any of the provisions of this Agreement shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.
16. RIGHTS OF THIRD PARTIES
None of the provisions of this Agreement is 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.
17. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the law of England & Wales/Scotland/Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland.
Signatory Name ____________________________________________________________
Registered Company Name___________________________________________________
Signatory email address______________________________________________________
I hereby acknowledge that Calvert’s Events Kitchen’s terms of business prevails over any other contract that we, the company (Hirer) have issued and requested to be signed as part of our procurement process
Signed _____________________________ Date _____________________________
I hereby acknowledge that I am authorised to enter this agreement on behalf of the Company (Hirer)
Signed _____________________________ Date _____________________________
SCHEDULE 1: “COMPARABLE EMPLOYEE” “QUALIFYING PERIOD” AND TEMPORARY WORK AGENCY
“Comparable Employee” means as defined in Regulation 5(4) of the AWR being an employee of the Hirer who:
(a) works for and under the supervision of the Hirer and is engaged in the same or broadly similar work as the Agency Worker having regard, where relevant, to whether the employee and the Agency Worker have a similar level of qualification and skill; and
(b) works or is based at the same establishment as the Agency Worker or, where there is no comparable employee working or based at that establishment who satisfies the requirements of (a) above, works or is based at a different establishment and satisfies those requirements.
For the purpose of the definition of “Qualifying Period” in clause 1.1 of this Agreement, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:
(a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;
(b) the break is:
(i) for any reason and not more than six Calendar Weeks;
(ii) wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by the Employment Business, the Agency Worker has provided such written medical evidence as may reasonably be required;
(iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Agency Worker returns to work;
(iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:
i. ordinary, compulsory or additional maternity leave;
ii. ordinary or additional adoption leave;
iii. ordinary or additional paternity leave;
iv. time off or other leave not listed in paragraphs (iv)I, ii, or iii above; or
v. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;
(v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;
(vi) wholly due to a temporary cessation in the Hirer’s requirement for any worker to be present at the establishment and work in a particular role for a predetermined period of time according to the established custom and practices of the Hirer;
(vii) wholly due to a strike, lock-out or other industrial action at the Hirer’s establishment; or
(viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
(c) the Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer.
For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 or 5 December 2011 does not count for the purposes of the definition of “Qualifying Period”.
“Temporary Work Agency” means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:
(a) supplying individuals to work temporarily for and under the supervision and direction of hirers; or
(b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to
work temporarily for and under the supervision and direction of hirers.
Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers. For the purpose of this definition, a “hirer” means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.
SCHEDULE 2: TRANSFER FEES
The Transfer Fee referred to in clause 8 shall be calculated as follows: 15% of the Remuneration payable to the Agency Worker during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the Hourly Charges multiplied by 500.
Schedule 3: Charge Rates
Chef de partie £21.50 excluding VAT
Sous Chef £24.50 excluding VAT
Head Chef £27.00 excluding VAT
Executive Chef Provided on request
Front of House £15 excluding VAT
Managers £21 excluding VAT
Bar £15 excluding VAT
Night Porter £ to be discussed on request excluding VAT
Bank holidays as acknowledged by UK government inclusive of substitute days and the following named days are charged at double time:-
New Years Eve
Christmas Eve
Easter Sunday
Cristmas Day is charged at 2.5 times the usual rate.
Please note, unplanned or additional bank holidays will also carry double time charges.
Daily minimum charge for Kitchen Staff is 6 hours per day, Daily minimum charge for Front of House Staff is 4 hours per day.
Cancellation Charge is a minimum of one full working days notice required to cancel any future shift. "Working day" is defined as Monday to Friday within office operating
hours 9am-5pm, excluding bank holidays. A cancellation charge of 6 working hours will be
applied if the cancellation notice falls outside of this requirement.
Example, A shift booked for Thursday, that is
cancelled by 5pm Tuesday would not incur any
cancellation charges.
Mileage ______ pence per mile
CEK Representative __________________________ Date _________________________