1. DEFINITIONS

1.1. In these Terms of Engagement the following definitions apply: –

“Assignment” means the period during which the Temporary Worker is supplied to render services to the Client;

“AWR” means the Agency Workers’ Regulations 2010;

“Client” means the person, firm or corporate body requiring the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 2006;

“Employment Business” means Flexi Staffing Solutions Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ;

“Temporary Worker” means - you

“Relevant Period” means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client

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.

2. THE CONTRACT

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

2.2. No variation or alteration of these Terms shall be valid unless agreed in writing.

3. ASSIGNMENTS

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker.

3.2. The Temporary Worker acknowledges that there may be periods when no suitable work is available and agrees that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work as specified by clause 3.1.

3.3. At the same time as an Assignment is offered the Employment Business shall inform the Temporary Worker of:

- identity of the Client

- nature of business

- start date

- duration

- type of work

- location and hours

- rate of remuneration

- expenses

- health and safety risks

3.4. In addition the Employment Business shall inform the Temporary Worker what experience, training and qualifications and any authorization required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.

3.5. If, before the first Assignment during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged direct by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the Relevant Period.

3.6. If the Temporary Worker considers that he/she may not have received equal treatment under the AWR, the Temporary Worker should raise this in writing with the Employment Business setting out the details of any concerns.

3.7. If the Temporary Worker has completed the qualifying period (as provided for in Regulation 7 of the AWR) on the start date of the relevant Assignment or during the relevant Assignment, and if the Temporary Worker is entitled to any of the relevant terms and conditions (as defined in Regulation 6(1) of the AWR) which are different or preferential to any right and entitlement provided for in these Terms of Engagement then this will be notified to the Temporary Worker on a per Assignment basis.

4. REMUNERATION

4.1. The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum hourly rate equivalent to the relevant UK minimum wage this being the minimum rate of remuneration that the Employment Business reasonably expects to achieve for all hours worked and will be in accordance with any entitlement of the Temporary Worker under the AWR. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) and shall be paid weekly in arrears, via our chosen payroll bureau, subject to deductions in respect of PAYE pursuant to Section 44-47 of the Income (Earnings and Pension) Act 2003 and Class 1 National Insurance Contributions and any other deductions which the Employment Business may be required by law to make.

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

4.3. The Temporary Worker agrees to comply with any requirements of the Employment Business and/or the Client relating to the assessment of the Temporary Worker’s performance for the purposes of determining entitlement to any element of pay including bonuses.

5. STATUTORY LEAVE

5.1. Annual leave will be in line with the Working Time Regulations 1998 and must be requested by email at least 5 working days prior to. If holiday is not authorised, you will be informed by email.

5.2. For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences on first day of October.

5.3. All leave must be taken in the holiday year unless expressly authorised by the Employment Business.

5.4. Entitlement to leave accrues in proportion to the amount of time worked. Only accrued leave will be paid.

6. SICKNESS ABSENCE

6.1. The Temporary Worker may be eligible for Statutory Sick Pay if on assignment.

6.2. Absence relating to sickness should be notified by telephoning the designated number each day of absence at least 1 hour before your assignment is due to start

7. PENSIONS

7.1 If you complete more than 12 weeks on assignment you will be auto enrolled into the Employment Business’ designated pension scheme (Nest) as per the Pensions Act 2008.

8. TIME SHEETS

8.1. The Temporary Worker must submit signed time sheets weekly if required to do so.

8.2. Failure to supply a signed timesheet may lead to delays in payment.

9. CONDUCT

9.1. The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards where appropriate, he will:

9.1.1. co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organization;

9.1.2. observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;

9.1.3. take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his actions on the Assignment and comply with the Health and Safety policies and procedures of the Client;

9.1.4. and not engage in any conduct detrimental to the interests of the Client;

9.1.5. Not at any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances.

10. TERMINATION

10.1. Assignments may be terminated by either party at any time without prior notice or liability.

10.2. If the Temporary Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Client and/or the Employment Business at least one hour before the commencement of the Assignment or shift for that day.

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

11. LAW

11.1. The Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.

11.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Terms or its subject matter or formation (including non-contractual disputes or claims)