Terms & Conditions – GSR Recruitment

Terms of Engagement – GSR Recruitment

1. Definitions

In these Terms of Engagement the following definitions apply:

Actual Rate of Pay means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;

Actual QP Rate of Pay means the rate of pay which will be paid to the Agency Worker if and when s/he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in any variation to the relevant Assignment Details Form;

Agency Workers Regulations means the Agency Workers Regulations 2010;

Agreed Deductions means any deductions the Agency Worker has agreed can be made from their pay;

Assignment means assignment 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 work temporarily for and under the supervision and direction of the Hirer;

Assignment Details Confirmation means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;

Calendar Week means any period of 7 days starting with the same day as the first day of the First Assignment;

Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

Confidential Information means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

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 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;

Deductions means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;

Emoluments means any pay in addition to the Actual QP Rate of pay;

Employment Business means GSR Recruitment Ltd (registered company no. 9124460), Mercury Place, 3rd Floor, St George Street, Leicester, LE1 1QG;

Engagement means the engagement, employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; 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);

Hirer 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 Agency Worker is supplied or introduced;

Hirer’s Group means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

Hourly Rate means £11.44 being the minimum rate of pay (subject to Deductions) that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;

Leave Year means the period during which the Agency Worker accrues and may take statutory leave commencing on 1 April and runs until the anniversary of that date;

Period of Extended Hire means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;

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 the Schedule to these Terms;

Relevant Period means (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business 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;

Temporary Work Agency means as defined in the Schedule to these Terms;

Terms means these terms of engagement (including the attached schedule) together with any applicable Assignment Details Confirmation;

Transfer Fee means the fee payable by the Hirer to the Employment Business in accordance with clause 3.g, as permitted by Regulation 10 of the Conduct Regulations;

Type of Work means Care and Education Personnel at various levels of responsibility and job titles;

Working Time Regulations means the Working Time Regulations 1998.

Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings contained in these Terms are for convenience only and do not affect their interpretation. 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 these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

2. The Contract

These Terms constitute the entire agreement between GSR Recruitment (the Employment Business) and the Agency Worker for the supply of services to the Hirer, and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the parties between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.

During an Assignment, the Agency Worker will be engaged on a contract for services by GSR Recruitment on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of GSR Recruitment, although GSR Recruitment is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between GSR Recruitment and the Agency Worker, or between the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between GSR Recruitment and the Agency Worker and set out in writing, and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made, stating the date on or after which such varied terms shall apply.

GSR Recruitment shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 (as amended)) when introducing or supplying the Agency Worker for Assignments with its Hirers.

3. Assignments and Information to be Provided

GSR Recruitment will endeavor to obtain suitable Assignments for the Agency Worker performing the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the company.

The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available.

At the same time as an Assignment is offered to the Agency Worker, GSR Recruitment shall provide the Agency Worker with an Assignment Details setting out the required information.

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 Assignment is not expected to last for more than 5 consecutive working days and the information has been given to the Agency Worker orally.

Where the Assignment extends beyond the intended 5 consecutive working day period, GSR Recruitment shall provide such information to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.

For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first Assignment.

If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that GSR Recruitment will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, GSR Recruitment will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Confirmation or any variation to the relevant Assignment Details Confirmation (as appropriate).

4. Agency Worker’s Obligations

The Agency Worker is not obliged to accept any Assignment offered by GSR Recruitment but if they do so, during every Assignment and afterwards where appropriate, they will:

Attend punctually at the time and place required and carry out their duties to the best of their ability;
Comply with all reasonable requests, instructions, and regulations of the Hirer and any safety requirements;
Take reasonable care of their own health and safety and that of others;
Report any accidents, incidents, or potential safety hazards immediately;
Not engage in any conduct detrimental to the interests of the Hirer or GSR Recruitment;
Maintain confidentiality regarding all business matters;
Notify the Hirer and GSR Recruitment immediately of any inability to attend work.

We maintain a policy of minimum waste which is essential to the cost-effective and efficient running of our Company.

If the Agency Worker accepts any Assignment offered by GSR Recruitment, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the company’s request, the Agency Worker undertakes to provide all necessary documentation and undergo relevant checks as required.

Complaints

If you wish to raise a complaint about your engagement, you should speak to your Consultant explaining fully the nature and the extent of your complaint. Although it is not required, it may be of assistance if you set out the complaint in writing. If you raise your complaint verbally, written notes may be taken.

Once your complaint has been looked into, you will be notified of the outcome which will normally be within 10 days of receipt of your complaint.

If you feel that the outcome is in breach of any equality legislation, you should speak to Simi Gill, HR Officer.

5. Timesheets

At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to GSR Recruitment a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.

Subject to clause 5.c, GSR Recruitment shall pay the Agency Worker for all hours worked regardless of whether the company has received payment from the Hirer for those hours.

Where the Agency Worker fails to submit a properly authenticated timesheet, GSR Recruitment shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The company shall make no payment to the Agency Worker for hours not worked.

For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.d is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Confirmation which GSR Recruitment may make for the purpose of compliance with the Agency Workers Regulations.

6. Remuneration

GSR Recruitment shall pay to the Agency Worker the Actual Rate of Pay unless and until the Agency Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis and as set out in the relevant Assignment Details Confirmation.

Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from GSR Recruitment or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Agency Worker may be entitled to receive a bonus. The Agency Worker will comply with any requirements of GSR Recruitment and/or the Hirer relating to the assessment of the Agency Worker’s performance for the purpose of determining whether or not the Agency Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Agency Worker is entitled to receive a bonus, GSR Recruitment will pay the bonus to the Agency Worker.

7. Statutory Paid Annual Leave

The holiday year runs from 6th April to 5th April.

Your entitlement to paid holiday in each holiday year will be pro-rata to the statutory annual entitlement of 28 days (inclusive of bank/public holidays) for every 232 days worked. You will therefore accrue annual holidays on the basis of 12.07% of the hours you work. This equates to accruing one hour’s paid holiday for every 8 hours and 17 minutes worked.

Payment for holidays will be calculated on the basis of your average rate per hour over the 52 qualifying weeks immediately prior to the holiday. (For this purpose, a qualifying week is a week in which you carried out work for GSR Recruitment).

If you have taken more holiday than your accrued entitlement at the date an assignment ends, GSR Recruitment will be entitled to deduct from any payment.

Unused holiday entitlement cannot be carried forward into the next holiday year.

You are not entitled to any further paid leave other than that which is covered elsewhere in this document.

Entitlement to payment for leave under clause 7 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year.

Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker’s entitlement to paid annual leave under the Working Time Regulations. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Confirmation.

All entitlement to leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Confirmation or any variation to the relevant Assignment Details Confirmation; none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.

If the Agency Worker wishes to take paid leave during the course of an Assignment s/he should notify GSR Recruitment of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances GSR Recruitment may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the company may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances GSR Recruitment will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.

The amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency Worker has worked on Assignment.

In the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year.

Where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7 the Agency Worker may, upon giving the notice take a bank holiday or other public holiday as part of his/her paid annual leave entitlement.

Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 7 at the date of termination.

8. Sickness Absence

The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.

The Agency Worker is required to provide GSR Recruitment with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.

For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.

In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, GSR Recruitment will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the company may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

Where clause 8.d applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Confirmation to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

9. Termination

Any of GSR Recruitment, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between GSR Recruitment and the Hirer. In the event that the contract between the parties is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

If the Agency Worker does not inform the Hirer or GSR Recruitment that they are unable to attend work during the course of an Assignment (as required in clause 4.c) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.a, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.c.

If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.a or 9.c above GSR Recruitment will be entitled to terminate the Assignment in accordance with clause 9.a if the work to which the Agency Worker was assigned is no longer available.

If the Agency Worker does not report to GSR Recruitment to notify his/her availability for work for a period of 2 weeks, the company will forward his/her P45 to his/her last known address.

10. Intellectual Property Rights

The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all such documents and do all such acts as GSR Recruitment shall from time to time require in order to give effect to its rights pursuant to this clause.

11. Confidentiality

In order to protect the confidentiality and trade secrets of any Hirer and GSR Recruitment and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees to maintain strict confidentiality regarding all Confidential Information and shall not disclose such information to any third party without prior written consent.

12. Restrictions

You covenant with GSR Recruitment that you shall not:

For the period of 6 months following engagement with a client, work directly for the client in any capacity, unless GSR Recruitment has given written permission to both the client and worker.
For the period of 6 months following engagement with a client, work for the client via another employer in any capacity, unless GSR Recruitment has given written permission to both the client and worker.
For the period of 6 months following engagement with a client, solicit or endeavour to entice away goods or services from a restricted customer.
At any time after engagement represent yourself as connected with GSR Recruitment in any capacity, other than as a former employee, or use any registered business names or trading names associated with the company.

If it is shown the Temporary Worker is in breach of any of the above restrictions, the Temporary Worker will be liable to pay GSR Recruitment a sum equal to the amount of lost business over the 6 month period. Failure to pay this amount will result in action via Small Claims Court.

Restrictions on Engagement

The restrictions outlined in this clause apply whether you act directly or indirectly and on your own behalf or on behalf of, or in conjunction with, any firm, company, or person.

If during your engagement or before the expiry of any covenants in this clause, you receive an offer to be involved in any business capacity, you must provide the person making the offer with a copy of this clause and notify the Company of their identity as soon as possible.

If your employment is transferred to any firm, company, person, or entity other than a group company (the “New Employer”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006, you will, if required, enter into an agreement with the New Employer containing equivalent restrictions to protect their confidential information, trade secrets, and business connections.

13. Data Protection

You warrant that you will strictly comply with all applicable Data Protection Laws in relation to these Terms and will not do anything that might cause the Employment Business or the Hirer to breach those laws. You consent to the Employment Business, any intermediary involved in supplying your services, and the Hirer processing your personal data as necessary to fulfil these Terms.

14. Severability

If any provision of these Terms is found to be unenforceable by a competent authority, that provision will be severed, and the remainder of the Terms will continue in full force and effect.

15. Notices

All notices under these Terms must be in writing and delivered by hand, first-class prepaid post, email, or fax to the registered office or any other address notified in writing by the receiving party. Notices are deemed served:

When delivered by hand;
48 hours after posting by first-class mail;
When an email or fax is sent.

Schedule: Qualifying Period and Temporary Work Agency

For the purposes of clause 1.a, when calculating continuous weeks worked toward the Qualifying Period, if there is a break between or during assignments caused solely by:

Jury service attendance (up to 28 calendar weeks);
Temporary cessation of the Hirer’s requirement for a worker in the role due to established custom;
Strike, lock-out, or industrial action at the Hirer’s establishment;
Or a combination of these reasons;

and you return to the same role, all weeks worked before the break will count towards the Qualifying Period together with weeks worked after the break.

Additionally, if unable to continue working due to strike, lock-out, or jury service, you will be deemed working in that role for the original or likely duration of the assignment, whichever is longer.

Time worked before 1 October 2011 does not count towards the Qualifying Period.

Definition of Temporary Work Agency

As defined in Regulation 4 of the Agency Workers Regulations, a Temporary Work Agency is an entity engaged in supplying individuals to work temporarily under the supervision and direction of hirers or involved in payment arrangements for such services.

However, an entity that only processes payments without supplying individuals to work temporarily for hirers is not considered a Temporary Work Agency.

For this purpose, a “hirer” is a person or entity engaged in economic activity to whom individuals are supplied to work temporarily under their supervision.

Declaration

These Terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of its courts. By signing below, you confirm that you understand, accept, and agree to be bound by this Agreement, which supersedes any prior agreements.