- Status of this Agreement
This contract governs your engagement from time to time by 1st Call Recruitment Services
as a Casual Worker. This is not an employment contract and does not confer any
employment rights on you (other than those to which workers are entitled). In
particular, it does not create any obligation on you to perform work for the Company
(even if offered) or on the Company to provide work to you and therefore there will be
no mutuality of obligation between the Company and you.
- Company’s discretion as to work offered
It is entirely at the discretion of the Company whether to offer you work and it is under no
obligation to provide work to you at any time. The Company reserves the right to give or not
give work to any person at any time and is under no obligation to give reasons for such decisions.
- No presumption of continuity
Each offer of work by the Company which you accept shall be treated as an entirely
separate and severable engagement (an assignment). The terms of the contract shall
apply to each assignment but there shall be no relationship between the parties after the
end of one assignment and before the start of any subsequent assignment. The fact that
the Company has offered you work, or offers you work more than once, shall not confer any
legal rights on you and, in particular, should not be regarded as establishing an entitlement
to regular work or conferring continuity of employment.
- Arrangements for work
If the Company wants to offer you any work it will call, text or email you the details of the
assignment. You are under no obligation to accept any work offered by the Company at
any time. However, if you accept an assignment you must inform the Company immediately
if you will be unable to complete it for any reason.
The Company reserves the right to terminate an assignment at any time for operational
reasons. You will be paid for all work done during an assignment up to the time it is terminated.
In order to assist the Company in organising work, please complete the personal information
sheet attached to this contract and return it to manager by _____________. It is your
responsibility to inform the Company of any changes to these details.
- Work
The Company may offer you work from time to time as Health Care Assistant/Support worker.
If you accept work your duties will include providing care to service users and you will usually
report to manager. The precise description and nature of your work may be varied with
each assignment and you may be required to carry out other duties as necessary to meet
business needs. You will be informed of the requirements at the start of each assignment.
Before offering you an assignment the Company will require certain documents from you in
order to satisfy itself that you are legally entitled to work in the UK.
You confirm that you are legally entitled to work without any additional immigration approvals and agree to notify the Company immediately if you cease to be so entitled at
any time.
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Place of work
During each assignment your place of work will be Preston OR the Company may offer
you work at various locations. You will be informed of the relevant place of work for each
assignment.
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Hours of work
During each assignment your hours of work will vary depending on the operational
requirements of the Company. You will be informed of the required hours for each
assignment.
You will be entitled to an unpaid break of (one hour) where your assignment requires you
to work more than (six hours) in any one day.
Company timesheets recording the actual hours worked are to be completed and submitted to the office on a weekly basis.
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Working Time Opt-Out
Please complete the attached from to confirm whether you wish to put out of the 48 hour limit on a week’s work. If you do not opt out, the Company must ensure that it does not offer
you work which would result in you working for more than 48 hours in any week. You must
then keep the Company informed of the hours that you work for third parties so that it can
comply with this obligation.
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Pay
You will be paid for the hours that you work. The Company’s current rate of pay for casual
workers is £ ______________ an hour gross. You will be paid weekly/monthly in arrears on or
about the last day of each month, directly into your bank account for the hours worked
in the previous month. The Company will make all necessary deductions from your pay as
required by law and shall be entitled to deduct from your pay or other payments due to
you any money which you may owe to the Company at any time.
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Holidays
Your holiday entitlement will depend on the number of hours that you actually work and
be pro-rated on the basis of a full time entitlement of 28 days holiday during each full
holiday year. This entitlement includes the usual 8 public holidays in England and Wales. The
Company’s holiday year runs from (01/01) to (21/12).
At the end of each assignment the Company will pay you in lieu of any accrued but untaken
holiday for the holiday year in which the assignment ends. The amount of the payment in
lieu will be calculated by taking 12.07% of the hours worked during the assignment and
multiplying this by your hourly rate of pay. (See paragraph 9 above).
For operational reasons you will not normally be entitled to take leave during an assignment,
but permission may be granted in exceptional circumstances.
If you have taken and been paid for more holiday than your accrued entitlement at
the date your assignment ends, the Company shall be entitled to deduct from you any
overpayment which has been made.
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Sickness
If you have accepted an offer of work but are subsequently unable to work the hours
agreed, you must notify the manager of the reason for your absence as soon as possible but no later than (time) on the first day of absence
You will not be entitled to receive any pay in respect of any period of sickness or injury during
an assignment. As you are not an employee you have no entitlement to Statutory Sick Pay.
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Data Protection
You consent to us holding and processing, both electronically and manually, the data that
we collect about you, in the course of your working relationship with us, for the purposes
of administration and management of our staff and our business and for compliance with
applicable laws, procedures and regulations.
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Company rules and procedures
During each assignment you are required at all times to comply with relevant Company
rules, policies and procedures in force from time to time including but not limited to those
contained in the staff handbook, a copy of which has been given to you OR which is
available from the staff portal of the website.
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Confidential Information
You shall not use or disclose to any person, either during or at any time after your engagement by the Company, any confidential information about the business or affairs
of the Company (or any of its business contacts) or about any other matters which may
come to your knowledge as a result of carrying out assignments. For the purposes of this clause confidential information means any information which is not in the public domain
and which relates to the affairs of the Company (or any of its business contacts).
The restriction in this clause does not apply to:
a) Prevent you from making a protected disclosure within the meaning of section 43A of
the Employment Rights Act 1996; or
b) Use or disclosure that has been authorised by the Company or is required by law or in
the course of your duties.
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Company property
All documents, manuals, hardware and software provided for your use by the Company,
and any data or documents (including copies) produced, maintained or stored on the
Company’s computer systems or other electronic equipment (including mobile phones)
remain the property of the Company.
Any Company property in your possession and any original or copy documents obtained
by you in the course of your work for the Company shall be returned to the manager at any
time on request and in any event at the end of the assignment.
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Termination
If you wish your name to be removed from the Company’s staff bank or no longer wish to be
considered for casual work by the Company you should inform the manager as soon as possible.
The Company may remove your name from its staff bank if you are unable to accept an
assignment on (three) occasions OR work for (four) consecutive weeks.
The Company may terminate this contract immediately by giving notice in writing to
you if it reasonably considers that you have committed any serious breach of its terms or
committed any act of gross misconduct. Non-exhaustive examples of gross misconduct include (dishonest, theft, fighting, mis-use of drugs or alcohol or any acts or omission which)
might bring the Company into disrepute).
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Changing Terms and conditions
The Company may review its requirement for casual workers from time to time and/or may
update the terms on which it offers such work. In the event of any changes to the terms on
which it is prepared to engage casual workers the Company may terminate this contract
with immediate effect by giving notice to you and you may, at the Company’s absolute
discretion, be offered a new contract for casual work.
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Governing law
This contract will be governed by English law. If you wish to accept casual work from the
Company on the terms stated above you are requested to sign and date one copy of this
agreement and return it to manager as soon as possible. We look forward very much to
you joining the team and trust that we shall have an enjoyable and satisfying relationship.