HELP Recruitment Ltd - Standard Terms & Conditions for Temporary Workers
Temporary Workers are engaged by HELP Recruitment Ltd (HELP) under a contract for services. The terms outlined below apply to each assignment.
- Assignment: Work performed by the Temporary Worker for the client for a specified period, during which the Temporary Worker is supplied by HELP to work temporarily under the supervision and direction of the Client.
- AWR: The Agency Workers Regulations 2010.
- Calendar Week: A period of seven days starting on a Sunday and ending on the following Saturday, counting towards the Qualifying Period.
- Client: The person, firm, or corporate body to whom the Temporary Worker is supplied or introduced.
- Pay: Sums payable to a worker in connection with the worker’s Assignment, including basic gross salary, bonuses, commission, paid holiday entitlement, vouchers with cash value, overtime, shift premiums, and other emoluments referable to the Assignment, excluding any payments under Regulation 6(3) of the AWR.
- Qualifying Period: 12 continuous Calendar Weeks during which the Temporary Worker is supplied to work for and under the direction of the Client in the same role by HELP or another temporary work agency.
- Temporary Worker: The worker supplied by HELP to provide services to the Client under the direct control and supervision of the Client.
1. General Business Terms:
- All business undertaken by HELP Recruitment Ltd is subject to these terms and conditions. HELP operates as an employment business.
2. Obtaining Assignments:
- HELP will strive to find suitable Assignments for the Temporary Worker with Clients needing such workers. The types of work and expected pay rates are outlined in the candidate registration schedule, provided upon first registration. Final terms and conditions are issued at the start of each Assignment, detailing the actual rate of pay and type of work.
3. Offer of Assignments:
- HELP reserves the right to offer Assignments to any suitable Temporary Worker. The Temporary Worker is not obligated to accept any offer but, if accepted, they owe the normal common law duties of a worker.
4. Pre-Assignment Conditions:
- Before starting any Assignment, the Temporary Worker must provide HELP with:
- Details of any relevant work performed for the Client since 1 October 2011 via a third party.
- Satisfactory evidence of identity (e.g., certified copy of passport or birth certificate and National Insurance documentation).
- Confirmation of the right to work in the UK or other specified location. HELP may terminate any Assignment without liability if the Temporary Worker’s right to work is cancelled or expires.
5. Qualifications and Authorisations:
- For Assignments requiring specific qualifications or authorisations, the Temporary Worker must provide HELP with up-to-date copies and referee details for reference checks. The Temporary Worker consents to HELP disclosing these to the Client.
6. Wages and Timesheets:
- HELP will pay wages at an agreed rate, subject to legal deductions. The standard payment interval is weekly unless agreed otherwise. Temporary Workers must provide Client-authorised timesheets weekly. Non-compliance may delay payment but HELP will not withhold wages due to Client non-payment.
- Pay entitlement under AWR starts after the Qualifying Period. Pay is based on what the worker would have earned if directly engaged by the Client at the start of the Qualifying Period.
- The Temporary Worker is not obliged to work any specific hours but will be paid at the agreed rate for any work performed outside the Client’s normal working hours.
7. Holiday Entitlement:
- The holiday year runs from 1 January to 31 December. Temporary Workers are entitled to 5.6 weeks of paid holiday per year, subject to statutory adjustments. Holiday pay is calculated based on the Temporary Worker’s basic pay rate and additional payments linked to the Assignment tasks.
- Holiday entitlement accrues proportionally to time worked and is paid on an hourly basis in advance. Unused holiday at year-end is forfeited.
- Temporary Workers must give at least twice the length of the intended leave notice for holiday requests. HELP may postpone or reduce the leave with equal notice.
8. Conduct and Compliance:
- Temporary Workers must comply with the Client’s reasonable instructions, safety regulations, and disciplinary rules. They must also safeguard their own and others’ safety and not disclose any confidential information.
9. Intellectual Property:
- Any intellectual property created during an Assignment belongs to the Client. The Temporary Worker agrees to assign any such intellectual property to the Client.
10. Notification of Issues:
- The Temporary Worker must inform HELP of any issues that could adversely affect the Assignment.
11. Work Obligation:
- HELP is not obligated to provide a specific number of work hours.
12. Assignment Termination:
- HELP or the Client may terminate an Assignment at any time without notice or liability. The Temporary Worker can also terminate without prior notice.
13. Detrimental Conduct:
- The Temporary Worker must not engage in conduct detrimental to HELP or its relationship with the Client.
14. Complaints Procedure:
- Complaints must be submitted in writing to HELP’s Quality Care team.
15. Contract Nature:
- This Agreement is a contract for services and does not create an employer-employee relationship between HELP and the Temporary Worker.
16. Liability:
- HELP is not liable for any loss or damage resulting from Assignment termination.
17. PAYE Basis:
- Temporary Workers are generally paid on a PAYE basis unless agreed otherwise.
18. Deductions:
- HELP may deduct any sums owed by the Temporary Worker, including advances, overpayments, and excess holiday pay.
### Standard Conditions and Guidance for Permanent Candidates
1. General Business Terms:
- All business undertaken by HELP Recruitment Ltd is subject to these terms and conditions. HELP acts as an employment agency.
2. Employment Search:
- HELP will search for suitable employment positions for the Candidate upon receiving a full and accurate Curriculum Vitae. The type of employment sought is detailed in the Candidate Registration Schedule.
3. Pre-Service Conditions:
- Before providing work-finding services, the Candidate must provide satisfactory evidence of identity (e.g., passport or birth certificate).
- For roles requiring specific qualifications or authorisations, the Candidate must provide up-to-date copies and referee details.
4. Information Disclosure:
- The Candidate consents to HELP disclosing relevant information, including qualifications and references, to the Client.
5. Notification of Issues:
- The Candidate must inform HELP of any issues that could adversely affect the interests of HELP, the Client, or the Candidate.
6. Employment Obligation:
- HELP is not obligated to find employment for the Candidate.
7. Detrimental Conduct:
- The Candidate must not engage in conduct detrimental to HELP or its relationship with the Client.
8. Complaints Procedure:
- Complaints must be submitted in writing to HELP’s Quality Care team.
9. Employment Offers:
- Employment offers are not final until written details are received from the Client. HELP is not liable for any loss resulting from the Candidate resigning from their current position based on a tentative offer. Additionally, HELP is not liable if the Client withdraws the offer.
10. Client Conditions:
- Employment offers may be subject to the Client obtaining satisfactory references or background checks on the Candidate.