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Contractor Terms

Standard Terms & Conditions for “Temporary Workers”

Spear Recruitment Ltd. Registered Company No. 07749908.
Registered Office: 3 Langley Court, Pyle Street, Newport, Isle of Wight, PO30 1LA

Temporary Workers are engaged by Spear Recruitment Ltd under a contract for services, the terms of which are set out below and which apply to each and every assignment.

Assignment means work performed by the Temporary Worker for the client for a period of time during which the Temporary Worker is supplied by Spear to work temporarily for and under the supervision and direction of the Client;

AWR means the Agency Workers Regulations 2010;

Calendar Week means any period of seven days starting on a Sunday and ending on the following Saturday which counts towards the Qualifying Period;

Client 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 Temporary Worker is supplied or introduced;

Pay means any sums payable to a worker in connection with the worker’s Assignment including, basic gross salary, any fee, bonus attributable to individual performance, commission, paid holiday entitlement including statutory paid holiday and any additional contractual paid holiday entitlement, vouchers with a cash value, overtime, dangerous of difficult work or other shift premium and any other emolument referable to the Assignment but excluding any payments within Regulation 6 (3) of the AWR; 

Qualifying Period means 12 continuous (as defined by Regulation 7 of the AWR) Calendar Weeks during the whole or part of which the Temporary Worker is supplied to work for and under the direction and control of the Client in the same role by SPEAR or other temporary work agency (as defined by Regulation 4 of the AWR);

Temporary Worker means the worker supplied by SPEAR to provide services to the Client under the direct control, supervision and direction of the Client;

1. All and any business undertaken by Spear Recruitment Ltd and or its UK trading subsidiaries, (“SPEAR”) is transacted subject to the terms and conditions hereinafter set out each of which shall be incorporated or implied in any agreement between SPEAR and the work-seeker (“Temporary Worker”).

SPEAR is operating in the capacity of an employment business. 

2. SPEAR will endeavour to obtain suitable Assignments for the Temporary Worker with Clients requiring such a Temporary Worker. The types of work and expected rates of pay to be sought on behalf of the Temporary Worker are outlined in the candidate registration schedule, provided to the Candidate on first registering with SPEAR. Final terms and conditions will be issued at the commencement of an assignment, detailing the actual rate of pay and the type of work to be undertaken.

3. SPEAR reserves the right to offer any assignment as it may elect to such Temporary Worker where that assignment is suitable for several Temporary Workers.

The Temporary Worker is under no obligation to accept such an offer but, if accepted, he/she owes the normal common law duties of a worker as far as they are reasonably applicable.

4. It is a condition of this Agreement that the Temporary Worker shall, before the commencement of any assignment, have provided SPEAR with:

(i) details of any work since 1 October 2011 the Temporary Worker has performed for the Client in the same or a similar role to the Assignment via any third party which may count towards the Qualifying Period to enable SPEAR to comply with its obligations under the AWR;

(ii) satisfactory evidence of the Temporary Worker’s identity (which shall include, but not be limited to, a certified copy of the Temporary Worker’s passport or birth certificate and National Insurance documentation);

(iii) confirmation of the Temporary Worker’s right to work in the UK or other location as specified by the Client. For the avoidance of doubt, SPEAR shall be entitled to terminate, cancel or withdraw any assignment, without any liability to the Temporary Worker in the event that the Temporary Worker’s right to work is cancelled or expires for any reason or in the event that the Temporary Worker is not able to satisfy SPEAR’s requirements under this clause 4. 

5. If, in respect of any assignment, the Temporary Worker is required by law, any professional body or by the Client to hold any qualifications and/or authorisations, the Temporary Worker shall provide SPEAR with: (a) up to date copies of such qualifications or authorisations; and (b) the names of two referees (who are not relatives of the Temporary Worker) who the Temporary Worker agrees that SPEAR may approach for the purpose of obtaining references about the Temporary Worker. The Temporary Worker also consents to the disclosure of such qualifications, authorisations and/or references by SPEAR to the Client.

6. (a) SPEAR shall pay to the Temporary Worker wages calculated at an hourly/daily/weekly/monthly rate, to be determined prior to the commencement of the assignment, subject to deductions for the purpose of National Insurance, PAYE, or any other purpose for which SPEAR is required by law to make deductions.  The standard payment interval will be weekly/monthly or as otherwise as agreed prior to the Assignment commencing. The Temporary Worker shall be required to provide time sheets duly authorised by the Client, as directed by SPEAR, agreeing the hours worked by the Temporary Worker on a weekly basis. 

(b) The Temporary Worker shall promptly comply with any other rule or request (either from the Client or SPEAR) to provide information and/or documentation in respect of the hours worked by the Temporary Worker. Failure by the Temporary Worker to provide any evidence of hours worked may delay payment for such hours. SPEAR will not withhold payment of the Temporary Worker’s wages through reason of non-receipt of payments from the Client.

(c) The Temporary Worker becomes entitled under the AWR to Pay after the end of the Qualifying Period. Pay is calculated by SPEAR in consultation with the Client prior to the start of each Assignment. For the avoidance of doubt Pay as defined in these terms will be the remuneration the Temporary Worker would have received had the Temporary Worker been directly engaged by the Client at the start of the Qualifying Period. 

7. (a) The holiday year runs from 1 January to 31 December each year. The Temporary Worker will have a statutory annual entitlement to 5.6 weeks paid holiday per year. If the statutory paid holiday entitlement is subsequently decreased or increased then entitlement to leave under this clause will be decreased or increased accordingly for any period in which work is carried out.

(b) Entitlement to payment for holiday accrues in proportion to the amount of time worked continuously by the Temporary Worker on assignment during the leave year. Payment is calculated on the basis of rates paid during the Client’s normal working hours. The Temporary Worker is paid for holiday entitlement on an hourly basis in advance and SPEAR will set off such payments made in advance against entitlement to paid holiday either during the course of an assignment or on termination of an assignment. Payment for statutory paid holiday entitlement is made on top of and in addition to the Temporary  Worker’s hourly/daily/weekly/monthly pay rate. Any bank or statutory holidays taken as paid holiday will be included within this entitlement; 

(c) In addition to the statutory minimum paid holiday entitlement under the Working Time Regulations 1998, the Temporary Worker is entitled under AWR to any additional contractual paid holiday applicable to the role at the end of the Qualifying Period. Any additional contractual entitlement will be accounted for in the Temporary Worker’s Pay in accordance with the provisions of clause 6(c).

(d) Any holiday not taken by the end of the holiday year in which the entitlement arises is forfeited. It may not be carried forward and SPEAR will not make any payment in lieu;

(e) Where a Temporary Worker wishes to take holiday during the course of an assignment he/she should notify SPEAR of the intended holiday dates giving notice of at least twice the length of the period of leave he/she wishes to take. In certain circumstances SPEAR may give written counter-notice to the Temporary

Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take giving the Temporary Worker at least the same length of notice as the period of leave that it wishes to postpone or reduce it by. 

8. The Temporary Worker shall at all times when services are due to a Client comply with the following conditions:

(a) Not to engage in any conduct detrimental to the interests of the Client; 

(b) To be present during the times or for the total number of hours during each day and/or week as may be agreed with the Client. The Temporary Worker agrees that in accordance with Regulation 5 of the Working Time Regulations 1998, the provisions contained in Regulation 4, stating that working time shall not exceed an average of 48 hours for each seven day period (running Sunday to Saturday) should not apply. The Temporary Worker may withdraw from this option on giving 14 days written notice. If the Temporary Worker provides services through a limited company, these terms constitute consent for the purpose of Regulation 5 unless consent is withdrawn on notice and in writing to both the limited company and to SPEAR.

(c) To take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be affected by his/her actions at work; 

(d) To comply with any rules or obligations relating to discipline and/or health and safety in force from time to time at the premises where services are performed to the extent that they are reasonably applicable;

(e) To comply with all reasonable instructions and requests regarding the scope of the agreed services made by the Client; 

(f) Not to at any time during or after any assignment divulge or make known to any person or any competitor of the Client, nor use for his/her own or any other person’s benefit any confidential information (which shall remain the property of the Client) in relation to the trade secrets, operations and business affairs of the Client. Further to immediately surrender all documents, samples, tools and equipment provided by the Client on the cessation of the assignment.

9. All intellectual property conceived or made by the Temporary Worker (either alone or with others) in the course of any assignment shall belong to the Client and the Temporary Worker agrees to assign all his/her interest in any such intellectual property to the Client or its nominee. If requested to do so, the Temporary Worker shall execute any documentation which the Client shall deem necessary to give effect to this provision. 

10. The Temporary Worker shall immediately inform SPEAR should he/she become aware of any reason or circumstances under which it would be detrimental to the interests of SPEAR, the Client or the Temporary Worker for the assignment to continue.

11. SPEAR shall be under no obligation to provide work for the Temporary Worker and this Agreement creates no obligation on SPEAR to provide the Temporary Worker with a specified number of hours work in any day or any week.

12. Either SPEAR or the Client may terminate an assignment without notice or liability at any time and for any reason and instruct the Temporary Worker to leave the assignment accordingly. Equally the Temporary Worker may terminate an assignment at any time without prior notice or liability.

13. The Temporary Worker should not engage in any conduct, which is detrimental to the interests of SPEAR, would negatively affect SPEAR’s relationship with the Client or is likely to bring SPEAR into disrepute.

14. The Temporary Worker having any complaint in connection with the temporary work, or the conduct or relations with SPEAR or the Client or any employee of

SPEAR or the Client shall have the right to present a complaint in writing to a Director or Senior Manager of SPEAR.

15. The Temporary Worker and SPEAR acknowledge and agree that this Agreement constitutes a contract for services and shall not create an employer/employee relationship between SPEAR and the Temporary Worker.

16. SPEAR does not accept any responsibility and shall not be liable for any loss or damage suffered by the Temporary Worker as a result of this assignment being terminated by either SPEAR or the Client.

17. Unless agreed otherwise in writing the Temporary Worker shall be paid on a PAYE basis. For the avoidance of doubt, the Temporary Worker shall not be treated as an employee of a limited company until all the required documentation has been provided by the Temporary Worker and/or the limited company to the satisfaction of SPEAR.

Spear Recruitment Ltd. Registered Company No. 07749908. Registered Office: Spear Recruitment Ltd.3 Langley Court,Pyle,Street,Newport,,Isle of Wight, PO30 1LA

Company No. 07749908 Spear Recruitment Ltd. Visit our website at www.spearrecruitment.co.uk

 

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