1. DEFINITIONS

• 1.1 In these Terms of Engagement the following definitions apply:

• 1.2 Unless the context otherwise requires, references to the singular include the plural.
• 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 Clear Links and the Support Worker and they govern all Services undertaken by the Support Worker. However, no contract shall exist between Clear Links and the Support Worker between Assignments.
• 2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between Clear Links and the Support Worker. The Support Worker is engaged as a worker, although Clear Links is required to make statutory deductions from the Support Worker's remuneration in accordance with clause 5.
• 2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Clear Links and the Support Worker and set out in writing and a copy of the varied Terms is given to the Support Worker stating the date on or after which such varied Terms shall apply.
• 2.4 By registering on Clear Links' website, accepting the Assignment Confirmation or commencing the provision of the Services (whichever is the earliest) the Support Worker is deemed to have accepted these Terms in their entirety.

3. INFORMATION TO BE PROVIDED BY THE SUPPORT WORKER

• 3.1 The Support Worker shall not commence the provision of any Services until the Support Worker has provided to Clear Links such information as is reasonably required by Clear Links including:
• • (a) suitable references;
  • (b) evidence of the Support Worker’s entitlement to live and work in the UK;
  • (c) proof of identity, copies of any qualifications, training and experience required by the Client, or required by law or any professional body in order to carry out any Services.

4. ASSIGNMENTS

• 4.1 The Support Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by Clear Links; that Clear Links shall incur no liability to the Support Worker should it fail to offer suitable work; and that no contract shall exist between the Support Worker and Clear Links during periods when the Support Worker is not working on an Assignment.
• 4.2 At the same time as an Assignment is offered to the Support Worker, Clear Links shall inform the Support Worker of the identity of the Client, the requirements of the Client, the date the work is to commence and the duration or likely duration of the Assignment Term; the type of Services, location and hours during which the Support Worker would be required to provide his/her Services; the rate of remuneration that will be paid and any expenses payable by or to the Support Worker; and any risks to health and safety known in relation to the Services and the steps taken to prevent or control such risks. In addition Clear Links shall inform the Support Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to provide the Services

5. REMUNERATION

• Clear Links shall pay to the Support Worker the remuneration at the hourly rate specified in an Assignment Confirmation. The actual rate will be notified on a per Assignment basis for each hour worked during an Assignment (to the nearest quarter hour); the minimum rate being £7.14 per hour.
• 5.2 The Support Worker shall be paid for each hour worked during the Assignment Term (to the nearest quarter hour) in accordance with Clause 7, subject to deductions in respect of Income Tax and Class 1 National Insurance Contributions and any other deductions which Clear Links may be required by law to make.
• 5.3 Subject to any statutory entitlement under the relevant legislation, the Support Worker is not entitled to receive payment from Clear Links or the Client for time not spent providing Services, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
• 5.4 The Support Worker may be eligible for statutory sick pay provided that s/he meets the relevant criteria.

6. STATUTORY LEAVE

• 6.1 For the purposes of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998 under this clause, the leave year commences on the first date of the Assignment Term that the Support Worker starts his/her Services.
• 6.2 Under the Working Time Regulations 1998, full-time workers are entitled to 28 days of paid annual leave. In light of the flexible nature of the Support Worker’s working arrangement it is difficult to predict how many days s/he will work each year and therefore to calculate the number of days of holiday to which s/he will be entitled. In order to meet the Support Worker’s right to be provided with paid holiday, Clear Links will pay 12.07% of the Support Worker’s remuneration in full satisfaction of this right. This 12.07% will be included as a separate amount on the Support Worker’s payslip in addition to the basic pay.
• 6.3 The holiday pay reflects the value to a full-time worker of 28 days of paid holiday each year as a percentage of his/her pay. A full-time worker would work 260 days of a year but gets 28 days of paid holiday and so only works 232 days. The value of his/her holiday is equal to his/her pay for 28 days as a percentage of 232 days, which is 12.07%. The holiday pay is therefore equal to 12.07% of the Support Worker’s hourly rate.
• 6.4 In turn, the Support Worker is under an obligation to ensure that s/he takes sufficient annual leave during each year in accordance with the Working Time Regulations 1998. As holiday pay will be paid as it is accrued, the Support Worker will not be entitled to any further payment in respect of any annual leave taken.
• 6.5 The Support Worker will not be entitled to any additional pay or time off in lieu for working public holidays.

7 TIME SHEETS

• 7.1 At the end of each calendar month during an Assignment Term (or at the end of the Assignment Term where it is for a period of one calendar month or less or is completed before the end of a calendar month) the Support Worker shall send by post to Clear Links to arrive no later than the fifth day of the following calendar month a time sheet duly completed to indicate the number of hours worked during the preceding month (or such lesser period) and signed by the Client.
• 7.2 Clear Links will endeavour to pay the Support Worker for Services carried out in a calendar month by the 20th day of the following calendar month.
• 7.3 Subject to Clause 7.4 Clear Links shall pay the Support Worker for all hours worked regardless of whether Clear Links has received payment for those hours.
• 7.4 Where the Support Worker fails to submit a properly authenticated time sheet Clear Links shall, in a timely fashion, conduct further investigations into the hours claimed by the Support Worker and the reasons that the Client has not signed a timesheet in respect of those hours. This may delay any payment due to the Support Worker. Clear Links shall make no payments to the Support Worker for hours not worked.
• 7.5 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Support Worker's working time shall only consist of those periods during which s/he is carrying out Services for the Client pursuant to an Assignment Confirmation. Time spent travelling to the Client’s premises; lunch breaks and other rest breaks shall not count as part of the Support Worker's working time for these purposes.

8. CONDUCT OF ASSIGNMENTS

• 8.1 Clear Links is not obliged to offer any Assignments to the Support Worker. The Support Worker is not obliged to accept any Assignments offered by Clear Links but if s/he does so, during the provision of the Services and afterwards where appropriate, s/he will:
• (a) Perform the Services at all times to the best of his/her knowledge, power and ability and act in the best interests of the Client;
• (b) Co-operate with all reasonable instructions given by the Client or Clear Links and accept the direction, supervision and control of the Client, within the remit of the Clients Needs Assessment, as noted in the Assignment Confirmation;
• (c) Be present during the times or for the total number of hours during each day and/or week of the Assignment Term as agreed with Clear Links and the Client;
• (d) Furnish Clear Links with any progress reports as may be requested from time to time;
• (e) Take all reasonable steps to safeguard his/her own health and safety and that of the Client and any other person who may be present or be affected by his/her actions in the performance of the Services;
• (f) Not engage in any conduct detrimental to the interests of Clear Links or the Client;
• (g) Not at any time divulge to any person, nor use for his/her own or any other person's benefit, any confidential information relating to the Client or Clear Links' employees, business affairs, transactions or finances; and
• (h) Comply with all statutory obligations and codes of practice including but not limited to the Working Time Regulations.
• 8.2 The Support Worker warrants that s/he is entitled to live and work in the United Kingdom and that all information supplied to Clear Links concerning his/her background, training, qualifications and work experience is complete and accurate.
• 8.3 If the Support Worker is unable for any reason to provide his/her Services during the course of an Assignment session s/he should inform the Client and Clear Links within one hour of the commencement of the Assignment session or shift.
• 8.4 If, either before or during the course of an Assignment session, the Support Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify Clear Links without delay.
• 8.5 The Support Worker shall be responsible for any loss, damage or injury caused to Clear Links or the Client by any default in the provision of the Services or breach of any of these Terms.

9 TERMINATION AND COMMENCEMENT

• 9.1 Clear Links or the Client may terminate the Support Worker's Assignment at any time without prior notice or liability.
• 9.2 The Support Worker may terminate an Assignment at any time by giving more than 24 hours notice to Clear Links.
• 9.3 If the Support Worker does not inform the Client or Clear Links in accordance with clause 8.3 should they be unable to attend work during the course of an Assignment this could be treated as termination of the Assignment by the Support Worker in accordance with clause 9.2 unless the Support Worker can show that exceptional circumstances prevented him/her from complying with clause 8.3.

10 LAW

• 10.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.