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Candidate Terms and Conditions

1.         DEFINITIONS USED IN THIS AGREEMENT

 

“Additional Working Hours” means such hours as may be agreed between Gateway and the Contractor over and above Normal Working Hours, details of which Additional Working Hours are set out in the Standard Letter of Engagement.

 

“The Client” means an individual, firm, partnership or corporate body (and any subsidiary associated company as defined by the Companies Act 1985 (as amended).

 

“Assignment” means work required by the Client during the period of the engagement [referred to in the Standard Letter of Engagement –Schedule 3.1].

 

“Curriculum Vitae” (C.V.) means a document setting out in a form approved by Gateway true and exact details of the Worker’s educational and training qualifications and work/assignment history.

 

“Employment Rights Act” means the Act of 1996.

 

“Fee” shall mean the hourly rate set out in the Standard Letter of Engagement less tax and National Insurance Contributions.

 

“Normal Working Hours” means the hours of work agreed between the Worker and Gateway set out in the Standard Letter of Engagement.

 

“Services” shall mean the particular services required by the Client as notified to Gateway and referred to in the Standard Letter of Engagement.

 

“Standard Letter of Engagement” means a letter in the form from time to time provided by Gateway to the Worker providing details of the Assignment, its duration, the Fee, Normal Working Hours, Additional Working Hours and the Services required by the Client.

 

“Worker” means the individual named in the agreement and engaged by Gateway.

 

All the references to the singular shall include the plural and references to the masculine gender shall include the feminine gender and vice versa.

 

Headings to paragraphs or subparagraphs do not affect the interpretation of the paragraph or subparagraph.


2.         STANDARD LETTER OF ENGAGEMENT AND APPENDIX

 

Attached to these Terms and Conditions of business at Schedule 3.1 is a Standard Letter of Engagement with appendix both of which will be issued to the Worker for each separate Assignment and will constitute a separate contract with the Worker referred to.

 

3.         FEES PAYABLE

 

Gateway will pay the Worker in respect of each Assignment the Fee specified in the Standard Letter of Engagement for the number of Normal Working Hours and Additional Working Hours actually worked only. 

 

4.         ASSIGNMENTS

 

The Worker will carry out the Assignment throughout the period of the Assignment to the best of his/her ability.

                                  

5.         HOURS OF WORK

 

a.         You will work as and when required by the company.  Please note that this is a zero hours contract and as such you have no fixed contractual hours of work and these will vary from assignment to assignment and furthermore be dependent on the requirements of the client.

 

b.         You will normally be given 24 hours notice of when you are required to work.  However due to the nature of the employment you may be given less notice, depending on the circumstances.

 

c.         You will have no obligation to accept the work offered.  However you must use your best endeavours to inform the Company if you are unable to accept the work offered.

 

d.         While on Assignment you:

 

            i)          Must devote your full time and attention to the Client’s business,

ii)         Will be subject to instruction from anyone authorised by the Client,

iii)            Will be required to work under the Client’s direct supervision,

iv)           Are expected to comply fully with the Clients Equal Opportunity Policy,

v)            Are expected to conduct yourself in a professional manner at all times,

vi)           Should report any issues to your recruitment consultant in a timely manner

 

e.         At the end of Assignment you must report back to your recruitment consultant at Gateway.

 

f.          If you are removed from an Assignment because of your conduct your position with Gateway will be reviewed.

 

6.         ADMINISTRATIVE MATTERS

 

a.         Information

Provisions relating to the Workers Contract with Gateway are set out in Schedule 1 hereof:-

 

b.         Confidentiality

Where the Worker is on Assignment to a local authority, the Worker agrees to sign and at all times adhere to the terms of the confidentiality agreement in Schedule 2 of this agreement or such other confidentiality agreement the client may require the Worker to sign and for the sake of clarity the Worker agrees not to divulge any information of any kind whatsoever to a third party concerning any assignment.

 

c.         Intellectual Property

i.          The Worker agrees that any plans, drawings, details, documents, handbooks, specification, codes of practice, reports, calculations or other work and the designs contained within them (hereinafter called the Documents) provided by a Client shall at all time remain its property, and the worker further agrees not to use, reproduce, disseminate, adapt, transmit in any form or by any means the Documents or in part thereof or permit the same to be used, reproduced, disseminated, adapted or transmitted as aforesaid or published other than for the purposes of carrying out its obligations under the Assignment.  At the end of any Assignment the Worker shall ensure that all documents shall be returned to the Client together with all copies thereof forthwith.

 

ii.          The Worker further agrees that all intellectual property rights in all drawings, details, plans, specifications, schedules, reports, calculations and any other work under any kind prepared by or on behalf of a Client during an Assignment, and any document created by the Worker in connection with the Assignment shall be owned by investing the Client and a Worker hereby agrees to sign any document to vest such intellectual property rights in the Client as the Client may reasonably require and the Worker agrees to waive any moral rights the Worker has in such intellectual property rights.

d.         Data Protection Act 1998

The Worker agrees that Gateway may hold, collect, retain, use and disclose information about the Worker obtained in the course of its business in accordance with the Data Protection Act 1998.  The Worker further consents to Gateway disclosing to third parties with whom it is contractually bound to do so for audit and or compliance purposes only all or any of the foregoing information.

 

e.         Claims

In the event that the Worker is notified by the Client (or any employee of the Client) whether verbally or in writing of any claim or breach of contract by the Worker whilst on Assignment, then the Worker shall immediately notify Gateway of the notification by the Client.

 

f.          Environmental

The Worker will comply at all times with all relevant environmental legislation and all client environmental policies and procedures notified to the Worker from time to time.

 

g.         Assignments with Local Authorities

Prior to any Assignment with a client which is also a local authority the Worker must sign all relevant declarations as required by the client, including a National Fraud Initiative Declaration and a declaration of the Workers outstanding indebtedness to the client, if any, and financial and business interests.  

 

h.         Save as provided in clause 6(i) below the schedules to this agreement form part of this agreement. If at the time of signing this agreement all or any of the schedules hereto are unavailable for the Worker’s signature the Worker agrees that this agreement may be varied at any time so as to a) incorporate the schedules and b) generally update, vary and or amend the terms of this agreement as Gateway’s absolute discretion.

 

i.          For the sake of clarity Gateway has a disciplinary code, a copy of which is supplied with this agreement but the disciplinary code does not form part of and is excluded from the terms of this contract.  A copy of the disciplinary code as updated and amended from time to time is available upon request. 

 

7.         HOLIDAY

 

Your holiday entitlement will begin to accrue from your first day at work with Gateway.  The details of your holiday entitlement appear in the Schedule 1.

 

 

 

8.         TERMINATION OF THE CONTRACT

 

a.         The Worker may bring this contract to an end by serving written notice of not less than 1 day upon Gateway.

 

b.         Gateway may terminate this agreement at any time without notice for any or for no reason whatsoever, with or without cause.

 

c.         For the sake of clarity where the contract between Gateway and the Client is terminated for any reason whatsoever then the Assignment will automatically cease with immediate effect.

 

 

 

 

9.         NOTICES

 

a.         All notices shall be in writing and signed by an authorised officer of the party giving notice and may be served by letter, fax or email to the last known address of the other party hereto.

 

b.         Notice will be deemed to be served by post within 48 hours and by email within 12 hours.

 


 


SCHEDULE 1

Welcome to Gateway

 

Gateway is an Employment Business specialising in the supply of workers to hirers; it’s Clients.  It has been set up specifically to provide quality, reliable staff to meet any opportunities for temporary work created within Greenwich Council and within selected private sector organisations. To achieve this we will continuously review the skills and experience of our staff and the services we provide.

 

Gateway is committed to supporting the community within which it operates. It will use surplus profits to support worthwhile causes particularly in the areas of education, and training in arts, culture and sport.

Assignments

 

Gateway will endeavour to provide you with assignments with our Clients that will meet the working times indicated during your initial interview, however this may not always be possible. 

 

You are only paid for the hours actually worked during your assignment as certified by the Client on your work record.  This means you will not receive any pay if you do not actually have an assignment and neither are you entitled to the payment of any benefits contained in these terms and conditions in respect of periods when you are not on assignment.

 

Gateway reserves the right to offer you any available assignment as we may choose.

While on assignment

 

Unless you are ill, or there are other reasons of authorised absence, agreed by the Client, you will be expected, while on assignment, to devote your full time and attention to the Client’s business.

 

While on assignment, you will be subject to instruction from anyone authorised by the Client and will be required to work under the Client’s direction and supervision.  On conclusion of your assignment you must report back to your Recruitment Consultant at Gateway. If you are removed from an assignment because of your conduct, your continued engagement with Gateway will be reviewed. 

Work References

 

It is Gateway’s policy to take up past work references.  Therefore your engagement and assignments are subject to our obtaining satisfactory references, verifying your skills, qualifications and experience and any medical requirements. This is an ongoing process, particularly your medical suitability for any assignment, without prejudice to your rights under the Disability Discrimination Act.

 

For certain assignments involving the handling of cash or sensitive information, or work with children or the elderly, it is company policy that checks are carried out by the Criminal Records Bureau prior to assignment and we may require your permission to obtain further reference information.

Hours of work

 

Your hours of work will vary from job to job, as will the length of assignments, and there may also be occasions when no work is available. 

 

Your working time is the time you actually spend working for the Client. It must be recorded and authorised on your work record. Travel to and from work, rest breaks and other times spent on the Client’s premises but not actually working does not count as working time.

 

Under the Working Time Directive 1998 if your daily working time is more than 6 hours you will be entitled to and must take a minimum of 20 minutes as a break. If you wish to take a longer break you can negotiate this with the client.  You will not be paid for any breaks taken. 

 

You may be asked to work over the hours indicated on your assignment sheet.  These hours will be paid for in addition to your assigned hours and the rate negotiated and agreed with GSS.  Any variances from your original assignment hours and rates must be shown clearly on your timesheet.

 

The Working Time Regulations 1998 impose a limit on the working week of 48 hours (including overtime) averaged over 17 weeks. However, there is an opportunity to opt out of this by signing a waiver. If you wish to exercise this right you must sign the agreement and return it to your Recruitment Consultant at Gateway as soon as possible. If, after doing so, you then decide that you no longer wish to be available to work more than 48 hours per week, you may give us 14 days notice in writing and the agreement will end accordingly.  In the event that these Regulations change you will be required to comply with such Regulations as are in force from time to time.

 

Absence

 

If an unavoidable reason, such as illness or care of a dependant, is going to prevent you from getting to an assignment, please let your Recruitment Consultant have as much notice as possible. If it is unexpected, you or somebody on your behalf must notify Gateway’s head office and your assignment supervisor at least half an hour before your shift is due to start on the first day of absence.

 

Once you are able to return to work you must inform Gateway’s main office who will re-assign you if necessary, as soon as possible. 

Punctuality

 

At your assignment briefing you will be told what time you are required to report for work.  You are expected to make all reasonable efforts to be punctual, because of our commitment to the Client we always take a serious view of lateness, unless it is caused by circumstances beyond your control; or there is an otherwise satisfactory explanation. 

Work Records

 

Your work record is extremely important because it provides the only authority by which you can be paid for your work.  Work records will be issued during your assignment interview.  At the end of each day you are required to enter the number of hours worked, to the nearest fifteen minutes.  You do not include time taken for breaks or other absences.  At the end of the week or on conclusion of your assignment if earlier, ensure that the total hours that you have actually worked on each day, have been entered on your work record and authorised by your supervisor.  Your completed work record will be used to calculate your pay and holiday entitlements.

 

Your completed work record must be returned to Gateway’s main office by Friday of each week worked or by 12.00 noon on the Monday following the week worked. You are responsible for ensuring that your work record is received in Gateway’s main office by this time.

 

If you lose your work record, contact your Recruitment Consultant at Gateway’s main office immediately. Your supervisor must countersign any alterations to the figures on your work record.

 

Preventing delay in payment of wages

 

Payment of wages or holiday pay may be delayed if we are not in receipt of an authorised timesheet or holiday booking form. When completing the time sheet you must:

 

  • Enter actual hours worked each day and do not include time taken for any breaks or any periods of absence;
  • At the end of each week you must obtain an authorisation signature from your assignment supervisor;
  • Any alterations made to your timesheet must be countersigned by your supervisor;
  • All authorised timesheets must reach our payroll section by 12 noon on a Monday and holiday requests should be sent with the appropriate notice or with a covering letter.

 

In the event that the person authorised to sign your timesheet or holiday form is not available ie, absent from work and no other authorised person is available; please ensure you forward your unsigned timesheet/holiday form to the payroll department at the end of the working week. You must follow up with a phone call to the payroll department for further advice, otherwise delay in payment may occur.

 

Pay

 

Your pay will be based on an hourly rate, which is related to the type of work performed on each assignment. The rates will be confirmed during your assignment briefing and in the Standard Letter of Engagement.  Payment is always made to the nearest quarter hour. 

 

Over Payments

 

You authorise Gateway to deduct directly from your periodic pay/earnings any loans, advances, over-payments or any other payments made available to you.

Methods of Payment

 

You will be paid weekly for the number of hours worked during the previous week.  Your Recruitment Consultant will provide you with details of the pay arrangements.  In the interests of security, payment will be made by direct credit transfer into your bank or building society account. 

Expenses

 

Where authorised, itemised and acceptable travel expenses incurred whilst on assignment will be paid through payroll and subject to tax in accordance with Inland Revenue Regulations.

Holiday Pay

 

You are entitled to paid holiday in accordance with the Working Time Regulations 1998.  Our holiday year runs from 1st April to 31st March. 

 

Holiday entitlement may be taken in instalments after it has accrued due and is always subject to (i) the giving of 14 days prior notice by the Worker to Gateway, and (ii) the needs of the Client and Gateway.

 

Under certain circumstances you may be required to take any holiday you have accrued at particular times, for example if, during your assignment to a Client, they operate a closure period during the summer or over the Christmas period.

 

All holiday entitlements must be taken by year-end.  You may not carry forward untaken entitlements from one leave year to the next.

 

Gateway cannot pay you in lieu of permitting you to take annual leave.

 

If at the date of your termination you have taken more holidays than your accrued entitlement, then you agree that appropriate deductions will be made from your final pay.

 

Where a bank holiday or other public holiday falls during an assignment Gateway Employment may at its discretion require you, upon giving one week’s notice, to take a bank holiday or other public holiday as part of your paid holiday entitlements.

Industrial Relations

 

While working for Gateway in any role, you have the right to join an appropriate trade union and to participate in its activities. Gateway recommends that all Workers join an appropriate union. It is Gateway’s policy that our Workers will not replace striking workers, nor undertake duties normally carried out by striking workers. If you encounter a picket line at your assigned place of work you must contact Gateway’s main office and report the situation. You are not obliged to cross the picket line and you will not be subject to any disciplinary action for failing to do so.

 

However in most cases our staff will not be directly involved in any industrial action and we would generally recommend that you proceed to work as normal.

 

Mobile Phone Policy

 

Legislation introduced on the 1st December 2003 makes it illegal for anyone to use a handheld mobile phone whilst undertaking any form of driving activity. 

 

Gateway is fully committed to ensuring that this legislative requirement is fully endorsed and adhered to by all its Workers and to providing clear guidelines relating to the general use of mobile phones whilst you are engaged on any form of assignment with our clients.

 

 

Health and Safety Statement

 

All Workers placed on assignment and all clients hiring our Workers need to be aware of their respective responsibilities under the Health and Safety legislation.

 

Gateway: Under the Health and Safety at Work Act 1974 Gateway is required to safeguard so far as is reasonably practical the health, safety and welfare of people who work for it.  It is therefore our policy to provide our Workers with a safe and healthy work environment and to ensure compliance with the relevant legislation, regulations and codes of practice.  We will provide our Workers with any guidance, advice and information relating to Health and Safety legislation and ensure we pass on any specific guidelines or requirements specified by our client in relation to the proposed Assignment or area of work to be undertaken. 

 

The Client:  Is required to:

  • Treat any Worker placed on Assignment as though a Worker of the Client for all aspects of Health and Safety.
  • Do whatever is reasonably practicable to protect the health, safety and welfare of the Worker and any other persons who may be affected by what the Worker does or does not do as part of their Assignment duties.
  • Make the Worker aware of all Health and Safety policies and procedures relating to the Client’s premises and with details of the authorised Health and Safety representative on site.
  • Consult with the Worker, of the Health and Safety representative, where appropriate.
  • Control all risks and carry out required Health and Safety risk assessments and make available any written results of any assessments undertaken.
  • Ensure that our Worker is where appropriate, provided with and wearing any suitable protective clothing and equipment required.
  • Provide the Worker with the required information, instruction, training and supervision as deemed necessary.
  • Record all accidents or injuries incurred by the Worker in the Client’s accident record book and notify Gateway of any recorded incidents, and liaise with Gateway to ensure that all relevant injuries, diseases and dangerous occurrences are reported to the Health and Safety Executive as required.

Our Workers:  Have a duty under the Health and Safety at Work Act 1974 to take reasonable care to avoid injury to themselves and to others when undertaking their activities at work.  They are also required to:

  • Continuously assess their area of work and surrounding location and report any Health and Safety risks identified to the Client and to Gateway. 
  • Inform the Client and Gateway of any dangers, risks or hazards identified in order to help maintain a safe working environment.
  • Observe and comply with at all times the Client’s Health and Safety policies and procedures.
  • Co-operate with the Client on Health and Safety issues and follow all instructions provided.
  • Take all reasonable steps to ensure care for their own health and safety and that of any other person who may be affected by what they do or do not do.
  • Report all injuries, accidents or dangerous occurrences to the Client and to Gateway.
  • Wear any protective clothing and appropriately use any specialist equipment provided.
  • Not to interfere with, misuse or abuse any equipment provided or designated for Health and Safety use.

 

Appropriate dress, conduct and use of equipment

 

Unless otherwise stated by the Client or Gateway Employment, workers should dress in smart business wear: smart trousers, skirt, shirt/blouse.  Please remember that workers are on hire to our clients we expect all our staff to present a professional image. Jeans, shorts, cargo pants, or trainers are not considered smart business wear and should not be worn whilst on assignment for Gateway Employment.

 

All workers should conduct themselves in a professional manner at all times throughout the duration of their assignment and adhere to the clients’ code of conduct and working practices. 

 

Any issue or grievance experienced in the workplace should be reported in the first instance to your recruitment consultant.

 

Workers are reminded that it is not appropriate to:

 

1)    Use company or department telephones or mobile phones for personal calls

2)    Use a hand held company or personal mobile whilst employed on any driving assignment

3)    Receive or make personal calls on your personal mobile during working hours

4)    Send personal letters or correspondence through internal or external post systems

5)    Use stationery or equipment for personal use

6)    Use email or internet provision for personal use

7)    Use company vehicles for personal use

8)    Carry out any other activity or use any other company property or resources, for which it can be deemed that a cost is incurred

 

unless they have the express permission of an authorised supervisor. Gateway will not accept any liability for any costs arising from inappropriate use and any request for payment or reimbursement by our clients as a result of any proven cases of inappropriate use will be passed directly on to the worker. Any inappropriate use of resources or behaviour may also result in the termination of the assignment.



SCHEDULE 2

 

AGENCY WORKER – GENERAL CONFIDENTIALITY AGREEMENT

 

This (“Confidentiality Agreement”) is signed by all Agency Workers as part of the Workers Contract for Services:

 

1.         I understand that during the course of my (“Assignment”) with any Local Authority (the “Council”) and/ or Private Sector client and as part of my engagement [or employment] I may have access to confidential information (“Information”) in verbal, written or electronic form.  In cases of doubt, all Information relating to the Client’s business, whether or not marked as “Confidential” shall be treated as confidential.  I accordingly agree not to disclose any such Information unless the Client gives its full written approval prior to such disclosure.

 

2.         Information shall only be disclosed to directors, officers and employees of Gateway Employment Ltd (“Gateway”) to the extent necessary for it to deliver its services to the Client.   .

 

3.         I shall keep all materials containing Information in a safe and secure place.

 

4.         For the duration of my Assignment with the Council or any other client , I shall hold the Information given to me in the strictest confidence and shall continue to do so for not less than five (5) years thereafter.

 

5.         When I have completed my Assignment, I agree to return to the Council /Client all documented or electronically stored Information and any copies of extracts thereof.

 

6.         The terms of this Confidentiality Agreement shall not apply to;

 

            6.1       Information that is already in the public domain;

 

            6.2       Information that is publicised or becomes part of the public domain otherwise than as a result of a breach of this clause 6 by myself;

 

            6.3       Information that I can demonstrate was in my possession at the time of the disclosure and was not acquired directly or indirectly from the Client on a confidential basis;

 

            6.4       Information that becomes available to myself on a non-confidential basis from a source other than the Client.

 

6.5       Information that I am required to disclose by any Government Law, Rule or Regulation or by any applicable judgement, order or decree or any Court or Government body or agency, but I agree to give to the Client all reasonable notice of such disclosure pursuant to the foregoing exception.

 

7. I accordingly agree to adhere to the terms of this Confidentiality Agreement and I understand that breach of this Confidentiality Agreement may lead to summary dismissal, and such further action for reparation, as may be appropriate.

 

 

 

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