This site is developed to the following standards of accessibility
  • Level Triple-A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0, (opens in new window)
    Level AAA of the W3C
  • Valid HTML 4.01 Transitional,(opens in new window)
    Valid HTML 4.01
  • Valid CSS!, (opens in new window)
    Valid CSS
  • This website conforms to lynx inspected text only browser. (opens in new window)
    Lynx text only browser

Disability Symbol, commitments regarding the employment, retention, training and career development of disabled employees.

 

Terms of Engagement

  • 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;
    "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 1985;
    "Employment Business" means Clear Links Support Ltd, G2 Building, 12 Leeds Road, Sheffield S9 3TY; Registered Office: Wake Smith Solicitors, 68 Clarkehouse Road, Sheffield S10 2LJ at Companies House England & Wales Number 05734428.
    "Temporary Worker" means the non-medical helper, support worker or other temporary worker who agrees to and is provided with a copy of these Terms of Engagement.
  • 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.For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from the Temporary Worker's remuneration in accordance with clause 4.1.
  • 2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Temporary Worker and set out in writing and a copy of the varied terms is given to the Temporary Worker stating the date on or after which such varied terms shall apply.

  • 3. ASSIGNMENTS

  • 3.1 The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a Support Worker in the areas specified by the Temporary Worker on his/her application form (and updated as necessary). The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
  • 3.2 The Temporary 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 the Employment Business; that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Temporary Worker and the Employment Business during periods when the Temporary Worker is not working on an Assignment.
  • 3.3 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Temporary Worker commences the first Assignment.
  • 3.4 If during the course of an Assignment, within 6 months after the end of an Assignment or within 3 months of an introduction where no assignment took place the Client wishes to employ the Temporary Worker direct (or assist another body to employ the Temporary Worker direct), the Temporary Worker acknowledges that the Employment Business will be entitled to charge the Client an introduction fee.

  • 4. REMUNERATION

  • 4.1 Unless otherwise agreed the Employment Business shall pay to the Temporary Worker remuneration calculated at the hourly rate as displayed in the Employment Business pay rate schedules. Where such schedules indicate a range of hourly rates the Employment Business will decide on the rate according to a range of factors. The actual rate will be notified on a per Assignment basis, for each hour worked during an Assignment (to the nearest quarter hour) to be paid monthly in arrears, subject to deductions in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) 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.

  • 5 STATUTORY LEAVE

  • 5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences on 1 September each year.
  • 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.
  • 5.3 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year.
  • 5.4 In the course of any Assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary Worker's total holiday entitlement in each month of the leave year. Where the Temporary Worker wishes to take any leave to which s/he is entitled, he should notify the Employment Business in writing of the dates of her/his intended absence. The Employment Business requires four weeks written notice of the intention to take holiday.
  • 5.5 Where a Bank holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the public holiday shall count as part of the Temporary Worker's paid annual leave entitlement.
  • 5.6 Where this contract is terminated by either party and a P45 is requested, the Temporary 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 5.3 above.
  • 5.7 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker's status as a self-employed worker.

  • 6 SICKNESS ABSENCE

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

  • 7 TIME SHEETS

  • 7.1 At the end of each month of an Assignment (or at the end of the Assignment where it is for a period of one month or less or is completed before the end of a month) the Temporary Worker shall deliver to the Employment Business a time sheet duly completed to indicate the number of hours worked during the preceding month (or such lesser period) and signed by an authorised representative of the Client.
  • 7.2 Subject to clause 7.3 The Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.
  • 7.3 Where the Temporary Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.
  • 7.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker's working time shall only consist of those periods during which s/he is carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises; lunch breaks and other rest breaks shall not count as part of the Temporary Worker's working time for these purposes.

  • 8 CONDUCT OF ASSIGNMENTS

  • 8.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will:
  • a) Co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client's organisation;
  • b) 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;
  • c) Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Client and the Employment Business;
  • d) Not engage in any conduct detrimental to the interests of the Client;
  • e) Not at any time divulge to any person, nor use for his or her 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.
  • f) Co-operate with the Employment Business staff and accept their direction, supervision and control.
  • 8.2 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 as soon as possible on the first day of absence to enable alternative arrangements to be made.
  • 8.3 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.

  • 9 TERMINATION AND COMMENCEMENT

  • 9.1 Before commencing any assignment the Temporary Worker must provide the Employment Business with confirmation that s/he has not been convicted of or cautioned in relation to any criminal offence. In the event that the Temporary Worker is charged with or cautioned in relation to any criminal offence s/he must inform the Employment Business immediately and provide regular reports about the progress of proceedings.
  • 9.2 The Temporary Worker will fully co-operate with the Employment Business in relation to any criminal record checks which the Employment Business is required to carry out.
  • 9.3 Before commencing any assignment the Temporary Worker must inform the Employment Business about any complaint made against him/her that is relevant to their professional competence, standing or conduct. In the event that the Temporary Worker becomes the subject of a complaint he/she must inform the Employment Business immediately and provide regular reports about the progress of proceedings.
  • 9.4 The Employment Business will inform the Temporary Worker about any complaint made against him/her that is relevant to his/her professional competence or conduct.
  • 9.5 Where the Temporary Worker wishes to raise any complaint about any matter, he/she should do so in accordance with the Employment Business complaints procedure.
  • 9.6 The Employment Business or the Client may terminate the Temporary Worker's Assignment at any time without prior notice or liability.
  • 9.7 The Temporary Worker may terminate an Assignment at any time without prior notice or liability.
  • 9.8 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 9.7 unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 8.2.
  • 9.9 If the Temporary Worker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 9.6, 9.7 or 9.8 above the Employment Business will be entitled to terminate the contract in accordance with clause 9.6 if the work to which the absent worker was assigned is no longer available for the Temporary Worker.

  • 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.