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Rules of Engagement

PARTIES
  1. Suppleo Recruitment Ltd incorporated and registered in England and Wales with company number 13506678 whose registered office is at 113-116 Portland House, Bute Street, Cardiff, Wales, CF10 5EQ (Suppleo, we, our, us); and
  2. the Candidate as set out in the Candidate Registration Form (you)


In these Terms, in addition to the terms defined elsewhere in these Terms, the following definitions in this clause shall apply and have the following meanings in these Terms:

DEFINITIONS

Agency Worker: means (for the purposes of AWR) a Temporary Staff who meets the definition of Agency Worker as set out in Regulation 3 of the AWR.

Assignment: the period of time during which you work for our Client as Temporary Staff.

Assignment Details Form: the Assignment Details Form supplied by us to the Umbrella Company in relation to you.

AWR: the Agency Workers Regulations 2010;

Business Day: day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Calendar Week: (for the purposes of the AWR) any period of 7 days starting with the same day as the first day of the First Assignment and Calendar Weeks shall be interpreted accordingly.

Candidate Registration Form: our Candidate Registration Form completed by you and sent to us in accordance therewith.

Client: as set out in the Assignment Details Form, being the hirer and our client.

First Assignment:

  1. the relevant Assignment; or
  2. if, prior to the relevant Assignment:
    1. you in your capacity as an Agency Worker have worked in any assignment in the same role with the Client as the role in which you in your capacity an Agency Worker work in the relevant Assignment; and
    2. 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 you in your capacity as an Agency Worker are supplied by one or more Temporary Work Agencies to the Client to work temporarily for and under the supervision and direction of the Client.


Q
ualifying Period:
(for the purposes of the AWR) 12 continuous Calendar Weeks during the whole or part of which you in your capacity as an Agency Worker are supplied by one or more Temporary Work Agencies to the Client to work temporarily for and under the supervision and direction of the Client in the same role.

Rate of Pay: means unless and until you have completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment weekly in arrears.

Temporary Staff: you, whether or not being an Agency Worker or an officer, employee, worker or representative of an intermediary.

Temporary Work Agency: as defined in the AWR.

Terms: these Candidate Rules of Engagement as may be varied or updated by or on behalf of Suppleo Recruitment Ltd from time to time.

Umbrella Company: the umbrella company as set out in the Assignment Details Form.

Vulnerable Persons: (for the purposes of the Conduct Regulations) any persons who by reason of age, infirmity, illness, disability or any other circumstance needs care or attention, and includes any persons under the age of 18.

WTR 1998: the Working Time Regulations 1998.


INTERPRETATION
  1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
  2. The headings contained in this agreement are for convenience only and do not affect their interpretation.
  3. 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 this agreement) and all subordinate legislation made (before or after this agreement) under it from time to time.
  4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  5. References to written or writing include e-mail but not fax unless the contrary is expressly provided.
  6. We endeavour to find you suitable temporary work in the roles specified in your interview notes. However, just to be clear, we are not under any obligation to find roles for you at any time and in the same way, you are under no obligation to accept any roles that we offer you.
  7. When we find temporary work vacancies for you, we provide you with information about the role so that you can decide whether or not you would like to be put forward for it.
  8. As we have certain obligations to our clients, we also need to ensure that we are putting you forward as a suitable candidate.
  9. You have an obligation to ensure the following:
    1. the information supplied to us (including without limitation in the Assignment Details Form and any application documents) is complete and correct, and that if any such information changes that you inform us immediately to that effect and do what we reasonably request in relation to the same;
    2. you have the experience, training, qualifications and any authorisation which the Client and us consider necessary or which are required by law or by any professional body for you to possess in order to perform the Assignment;
    3. you are not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling your obligations under these Terms, and;
    4. you have valid and subsisting leave to enter and remain in the United Kingdom for the duration of these Terms and are not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
  10. You acknowledge and agree that as regards your rights and obligations as an employee, we enter into no contract with you as there is no contractual relationship (either express or implied) between us and you regarding the same at any time. We contract with the Umbrella Company that then enters into a contract with you. The Umbrella Company then supplies you to us under a contract for service, who we then supply to the Client. You acknowledge and agree that you shall not contract with the Umbrella Company through a limited company.
  11. The details of your entitlement to annual leave, holiday pay, sick pay and any other statutory rights are included in the contract with the Umbrella Company whom will be responsible to you for ensuring that you receive the correct entitlements under the law as in force from time to time. For the avoidance of doubt, by registering with us you acknowledge and agree that you are not an employee of Suppleo and nothing in these Terms gives rise to a contract of employment between Suppleo and you or you and the Client.
  12. The Umbrella Company charges us for your services, so we pay it and it then pays you in accordance with your contract with them and the Assignment Details Form. The Umbrella Company that engages you will be able to explain this arrangement in further detail to you.
  13. We hold the contract with the Client. Understandably, the Client requires you to comply with certain minimum standards which include but are not limited to:
    1. you have the relevant and necessary qualifications and training to complete the relevant Assignment;
    2. you pass all necessary checks, e.g. right to work and Disclosure & Barring Service;
    3. you perform each n Assignment following acceptance;
    4. you act in accordance with the Client’s relevant policies and procedures and reasonable directions given from time to time;
    5. you are on time and present during the times or for the total number of hours during each day and/or week of the relevant Assignment;
    6. you wear appropriate attire and maintain appropriate conduct at all times;
    7. you do not engage in any conduct detrimental to the interests of the Client, nor commit any unlawful discrimination, harassment or victimisation;
    8. you do not use the relevant client’s computers, tablets or other mobile devices for purposes which do not relate to the relevant Assignment;
    9. you do not act in any way which may cause concern in relation to the safeguarding and protection of Vulnerable Persons;
    10. you do not incur any expenses without the prior approval of the Client; and
    11. you comply with the relevant minimum 1 week notice period,
  14. if you fail to comply with any or all of the above, we will normally end the relevant Assignment by notifying the Umbrella Company. Depending on the seriousness of the act or omission by you, this could also impact Suppleo’s ability to put you forward for future vacancies (as we may no longer regard that you as being suitable for such vacancies).
  15. The Umbrella Company will be able to provide you with a contract, which sets out the full details of your relationship with them.

ASSIGNMENTS
  1. We will endeavour to obtain suitable Assignments for you to perform the type of work in accordance with clause 4 of these Terms; each Assignment will then be confirmed in the relevant booking confirmation email. We are not obliged to offer an Assignment to you and you are not obliged to accept any Assignment offered.
  2. You acknowledge and agree that the nature of temporary work means that there may be periods when no suitable work is available. The suitability of an Assignment shall be determined solely by us and to the extent permitted by law we shall incur no liability to you should we fail to offer Assignments of the type of work specified in the relevant booking placement form or any other work.
  3. At the same time as an Assignment is offered to you, we shall provide you with the following information and where applicable insert this information into the Assignment Details Form (the Required Assignment Information):
    1. the identity of the Client, and if applicable the nature of its business;
    2. the date the Assignment is to commence and the duration or likely duration of the
    3. Assignment;
      the position which the Client seeks to fill, including the type of work would be required to do, the location, and the hours during which, you would be required to work; and the Rate of Pay. For the avoidance of doubt, you will never be paid below the relevant (age appropriate) National Minimum Wage or National Living Wage figure;
    4. any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks; and
    5. the experience, training, qualifications, and any authorisation which the Client considers are necessary or which are required by law or a professional body for you to possess in order to work in the Assignment.
  4. Where the Required Assignment Information is not given in paper form or by electronic means, we shall confirm it in writing or electronically as soon as is reasonably practicable for us and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to you.
  5. Unless you request otherwise, you will not be given the Assignment details where you are being introduced or supplied to the Client to work in the same position as one in which you have previously been supplied within the previous 5 Business Days and the Required Assignment Information (with the exception of the date or likely duration of the Assignment) is the same as that already given.
  6. Where the Assignment is intended to last for five consecutive Business Days or less and the Required Assignment Information has previously been given to you and remains unchanged, we shall provide written confirmation of the identity of the Client and the likely duration of the Assignment.
  7. Where the above have been met but the Assignment extends beyond the intended 5 consecutive Business Day period, we shall provide the remaining Required Assignment Information to you in paper or electronic form within 8 Business Days of the start of the Assignment or by the end of the Assignment, whichever the sooner.
  8. If you have completed the Qualifying Period on the start date of the relevant Assignment or completed the Qualifying Period during the relevant Assignment, you will be informed of the Rate of Pay for that Qualifying Period if different from the Rate of Pay, together with the other Qualifying Period payments and the other relevant terms and conditions to which you are now entitled under the AWR (Relevant Terms)
  9. If you consider that you have not received the Relevant Terms on completion of the Qualifying Period, you may raise this in writing with us setting out as fully as possible the basis of your concerns. Suppleo shall, within 28 days of receiving such request, provide you with a written statement setting out:
    1. relevant information relating to the basic work and employment conditions of the workers of the Client;
    2. the factors that we considered when determining such basic work and employment
    3. conditions; and
    4. where we seek to rely on the defence in regulation 5(3) of the AWR, relevant information which: explains the basis on which it is considered that an individual is a comparable employee; and describes the basic work and employment conditions which apply to that employee.

PAYMENT BY UMBRALLA COMPANY ETC.
  1. The Umbrella Company shall pay you the Rate of Pay until you complete the Qualifying Period. The Rate of Pay will be set out in the relevant booking confirmation email for a particular Assignment.
  2. If you have completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Umbrella Company shall pay you:
    1. the Rate of Pay for the Qualifying Period; and
    2. the other Qualifying Period payments, which will be set out in the relevant booking confirmation email.
  3. Subject to any applicable statutory entitlement you are not entitled to receive payment from us or the Client for time not spent working on the Assignment, unless otherwise agreed between you and us in writing.
  4. We will contact the Client periodically and the Client will confirm to the number of days and hours you have worked for the Client in relation to the relevant Assignment. .
  5. The Umbrella Company shall pay you for all days worked on a weekly basis regardless of whether we have received payment from the Client for those days.
  6. Any payment due to you may be delayed while we investigate (in a timely fashion) what hours, if any, were worked by you. We shall make no payment to you for hours not worked.
  7. For the avoidance of doubt and for the purposes of the WTR 1998, your working time shall only consist of those periods during which you are carrying out activities or duties for the Client as part of the Assignment.
  8. Time spent travelling to the Client’s premises (with the exception of time spent travelling between two or more premises of the Client), lunch breaks and other rest breaks shall not count as part of your working time for these purposes. This is subject to our obligations to provide you with the Relevant Terms on completion of the Qualifying Period.
  9. You acknowledge and accept that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, for example by claiming payment for hours that were not actually worked.

SICKNESS ABSENCE
  1. If you are absent from work for any reason, then you must promptly notify your designated consultant from Suppleo giving the full reason of your absence.

NOTICES
  1. Any notice given under or in connection with these Terms shall be sent by first-class post or other pre-paid next working day delivery service to the address of a party given in these Terms or the Assignment Details Form (as the case may be) or to 113-116 Portland House, Bute Street Cardiff CF10 5EQ in the case of Suppleo or, in the case of each of the other parties its email address set out in the Assignment Details Form.
  2. A notice sent in accordance with these Terms shall be deemed to have been received and shall take effect: in the case of notice sent by first-class post or pre-paid next working day delivery service, 48 hours following posting; and, if by email, when that email is sent.
  3. Clauses 34 and 35 of these Terms does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

LIABILITY
  1. Nothing in these Terms shall limit or exclude a party’s liability for:
    1. death or personal injury caused by Suppleo’s negligence;
    2. fraud or fraudulent misrepresentation; or
    3. any other liability which cannot be excluded or restricted at law.
  2. Without prejudice to the other exclusions of liability in favour of Suppleo contained in these Terms, subject to clause 37, Suppleo shall not be liable in contract (tort, including negligence), restitution or otherwise for the following types of loss in each case whether direct, indirect or consequential:
    1. loss of profits;
    2. loss of revenues;
    3. loss of opportunity
    4. loss of agreements or contracts;
    5. loss of or damage to goodwill or reputation;
    6. loss of use or corruption of software, data or information.
    7. loss of anticipated savings;
    8. wasted expenditure;
    9. pure economic loss,
    10. or any other indirect or consequential loss howsoever arising.
  3. Suppleo’s total aggregate liability to you, in contract, tort (including negligence), restitution or otherwise for any loss or damage for which Suppleo’s liability is not excluded under these Terms shall under no circumstances exceed the value of the fees paid to you in the twelve (12) months prior to any such liability arising.
  4. Clauses 38 to 40 inclusive shall survive termination or expiry of these Terms howsoever arising.

TERMINATION
  1. Unless terminated earlier in accordance with clause 43, these Terms shall automatically expire of on completion of the relevant Assignment by you.
  2. If:
    1. our contract with the Client is terminated for any reason;
    2. our contract with the Umbrella Company is terminated for any reason; and/or
    3. the contract between you and the Umbrella Company is terminated for any reason,

      then we may terminate these Terms with immediate effect by giving notice to you.

  3. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
  4. Termination of these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
  5. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Terms shall remain in full force and effect.
  6. Either the Client, Suppleo or the Temporary Staffing may terminate the Assignment on reasonable notice to the other non-terminating parties and without liability to the extent permitted by law except where the relevant Assignment Details Form provides for a specified notice period.
  7. You acknowledge that the continuation of an Assignment is subject to and dependent on the continuation of the contract entered into between us and the Client. If that contract is terminated for any reason, the Assignment shall cease with immediate effect without liability to you to the extent permitted by law, except for payment for work done up to the date of termination of the Assignment.
  8. Unless exceptional circumstances apply, your failure to inform the Client or us of your inability to attend work as required will be treated as termination of the Assignment by you.
  9. If you are absent during the course of an Assignment and the Assignment has not otherwise been terminated, we will be entitled to terminate the Assignment by giving notice to us and the Client if the work to which you were Assigned is no longer available.

DATA PROTECTION
  1. By accepting these Terms in accordance with above, you confirm that you have read and understood Suppleo’s Privacy Notice, in respect of my rights under the retained EU law version of the General Data Protection Regulations 2018 and the Data Protection Act 2018 and how Suppleo will collect and process personal relating to you.

THIRD PARTY RIGHTS
  1. Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

VARIATION

We may vary these Terms at any time by notifying you of the proposed variation on no less than 7 days’ notice.


ARRANGEMENT AND PAYMENT OF DBS CHECK
  1. During your registration process you agree to pay the total sum of £48.60 including VAT to Suppleo in order for an enhanced DBS check to be carried out and admin. This cost is broken down as follows:
  2. £40.00 for the DBS itself; and
  3. £8.60 including VAT payable to Civil and Corporate Security Ltd as an administration fee;


You shall pay such amount in accordance with the instructions given to you during the registrationprocess and any other relevant instructions given by us to you from time to time. This clause shall survive termination or expiry of these Terms howsoever arising.

Signed for and on behalf of Suppleo Recruitment Ltd



Lawrence Thompson
Managing Director

 

Dario Ostad
Managing Director

____________________________________________

Signed for and on behalf of the Client

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