TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF

 

1. These Terms and Conditions of Business are between ALLSTAFF EMPLOYMENT hereinafter called the CONTRACTOR and the CLIENT hiring the worker, hereinafter called the HIRER.

2. The hire of a member of the Contractor’s work force (hereinafter called a Temporary Worker) shall be deemed acceptance of and agreement to these Terms of Business.
    
3. 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 Temporary Worker and comprise the following:

i) the Temporary Worker’s hourly rate of pay;
ii) an amount equal to any paid holiday leave to which the Temporary Worker is entitled in connection with the WTR and, where applicable, the AWR which is accrued during the course of an Assignment;
iii) any other amounts to which the Temporary Worker is entitled under the AWR, where applicable;
iv) Employer’s National Insurance contributions;
v)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
vi) the Contractors commission, which is calculated as a percentage of the Temporary Worker’s hourly rate.

3.1 The Contractor reserves the right to vary the Charges agreed with the Hirer, by giving written notice to the Hirer:

i) 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 
ii) if there is any variation in the relevant Terms and Conditions

3.2 The Contractor will invoice the Charges to the Hirer on a weekly basis.  The   Hirer will pay the Charges within seven days of the date of the invoice.


3.3 VAT is payable at the applicable rate on the entirety of the Charges and all sums payable.

3.4 The Contractor reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the Base Rate, at that time, of the Bank of England from the due date until the date of payment.

4. The Contractor acts as, and assumes responsibility of an employer of his Temporary Worker.  The Temporary Worker is offered work by the Contractor under a Contract of Services.  These responsibilities include, inter alia, responsibility for payment of wages, deduction and payment of all statutory contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE).

5. The responsibilities referred to in Paragraph 4 above DO NOT include Employer’s Liabilities which shall be the responsibility of the Hirer and the Hirer shall indemnify the Contractor against any claims by the Temporary Worker arising out of or in the course of his/her working for the Hirer.

6. The Hirer shall be liable to pay a Transfer Fee if the Hirer engages a Temporary Worker introduced by the Employment Business other than via the Contractor or introduces the Temporary Worker to a third party and such introduction results in an engagement of the Temporary Worker by the third party other than by the Contractor and;

i) where the Temporary Worker has been supplied by the Contractor, such Engagement takes place during the Assignment or within the relevant period; “Relevant Period”  means the later of (a) the period of 8 (eight) weeks commencing on the day after the last day on which the Temporary Worker worked for the Hirer having been supplied by the Contractor; or (b) the period of 14 (fourteen) weeks commencing on the first day on which the Temporary Worker worked for the Hirer having been supplied by the Contractor 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; or
ii) where the Temporary Worker has not been supplied, such Engagement takes place within 6 (six) months from the date of the introduction by the Hirer.

6.1 The Transfer Fee will be calculated in accordance with Schedule 1.

6.2 If the Hirer wishes to Engage the Temporary Worker other than via the Contractor without liability to pay a Transfer Fee, the Hirer may, on giving one week’s written notice to the Employment Business, engage the Temporary Worker for the Period of Extended Hire specified in Schedule 1.

6.3 During such Period of Extended Hire the Contractor shall supply the Temporary Worker on the same terms on which he/she 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 Contractor received the notice in Clause 6.2; and the Hirer shall continue to pay the Charges set out in Clause 3. If the Contractor is unable to supply the Temporary 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 Temporary Worker on the same terms as the Assignment but the Temporary Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee reduced pro rata to reflect any Charges paid by the Hirer during any part of the Period of Extended Hire worked by the Temporary Worker before being Engaged by the Hirer.  If the Hirer fails to give notice of its intention to Engage the Temporary Worker other than via the Contractor before such Engagement commences, the parties agree that the Transfer Fee shall be due in full.

Where prior to the commencement of the Hirer’s Engagement other than via the Contractor the Contractor and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Contractor may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 1 pro-rata.  Such reduction is subject to the Hirer Engaging the Temporary Worker for the agreed fixed term.  Should the Hirer extend the Temporary Worker’s Engagement or re-engage the Temporary Worker within 12 months from the commencement of the initial Engagement, the Contractor reserves the right to recover the balance of the Transfer Fee.

6.4 The Contractor will not refund the Transfer Fee in the event of the Engagement of the Temporary Worker other than via the Contractor by the Hirer or by a third party to which the Hirer introduces the Temporary Worker comes to an end or terminates before the end of the fixed term referred to in Clause 6.3.

6.5 VAT is payable in addition to any Transfer Fee due.  


7. When introducing a Temporary Worker to the Hirer, the Contractor shall inform the Hirer:

i) of the identity of the Temporary Worker; 
ii) that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; 
iii) that the Temporary Worker is willing to work in the Assignment, and 
iv) of the Charges

8. 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 Temporary Worker is introduced for an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Hirer, unless the Hirer request that the information be re-submitted.

9. The Hirer undertakes to supervise the Temporary Workers assigned to him sufficiently to ensure the Hirer’s satisfaction with reasonable standards of workmanship, but if the services of a Temporary Worker prove to be unsatisfactory, the Contractor must be informed immediately to withdraw the Temporary Worker.  The Contractor will try to replace the Temporary Worker with another person.

10. Temporary Workers provided by the Contractor are deemed to be under the direction and control of the Hirer from the time the Temporary Worker reports to take up duties and for the duration of the Assignment.  The Hirer agrees to be responsible for all acts, errors or omissions be they wilful, negligent or otherwise as though the Temporary Worker were on the payroll of the Hirer.  The Hirer will in all respects comply with all statutes, bylaws and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff, but excluding the matters specifically mentioned in Clause 4 above.


SCHEDULE 1

a) The Transfer Fee referred to in clause 6 shall be agreed in writing between the Contractor and the Hirer. In the event that the parties do not agree the amount of the Transfer Fee then the Contractor shall be entitled to charge a fee calculated as follows: 12 % of the Remuneration payable to the Agency Worker during the first 12 months of the Engagement.

b) The Period of Extended Hire, referred to in clause 6.3, before the Hirer Engages an Agency Worker, shall be agreed in writing between the Contractor and the Hirer. In the event that the parties do not agree the length of the Period of Extended Hire then the period shall be 16 weeks.

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