Contract: Temporary Dental Staff Agreement - Terms and Conditions
The Employment Business provides its services as an Employment Business, as defined by the conduct of employment agencies and businesses regulations 2003.
1. Definitions and Interpretation
- 1.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Working Hours”
means the working hours applicable to a particular Hours;
means a project or period of work for which the Temporary Worker is supplied to a Client;
means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Temporary Worker is introduced;
means Assign Group Ltd (Registered Company No. 09269943) trading as Assign Dental Recruitment;
means all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration or these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;
means all rights arising out of chapter iv of the copyright, designs and patents act 1988;
means a letter sent to the Temporary Worker as defined in clause 3;
means the temporary work finding and representation services provided by the Employment Business;
means an individual seeking temporary work
assignments who wishes to use the services of the Employment Business;
means the term of the contract which shall be agreed between the parties; and
means a timesheet supplied by the Employment Business for completion by the Temporary Worker and Signing by the Client.
The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker.
- 2.1 The Temporary Worker shall not be obliged to accept an Assignment offered by the Employment Business.
- 2.2 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 suitability shall be determined solely by the Employment Business; and 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.
- 2.3 At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client, the date of the work is to commence and the duration or likely duration of work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Temporary Worker; and any risks to health & safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Temporary 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 work in the Assignment.
- 2.4 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Temporary Worker.
- 2.5 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.
- 2.6 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the Temporary Worker direct or through another employment business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Temporary Worker may be engaged directly by the Client or through another employment business without further charge to the Client. In addition the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the temporary Worker within the Relevant Period.
- 2.7 The service provided by the Temporary Work shall be subject to inspection and acceptance by the Employment Business or the Client.
- 2.8 The Assignment terminates on Sunday of each week.
3. The Contract
- 3.1 Any and all business entered into by the Employment Business with Temporary Workers is subject to these terms and conditions. In the event of any conflict with any other terms and conditions, these terms and conditions shall prevail unless otherwise agreed in writing by a manager of the Employment Business.
- 3.2 The Employment Business and the Temporary Worker shall be deemed to have entered into a contract upon the Temporary Worker’s full and unconditional acceptance of the representation offer.
- 3.3 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.
- 3.4 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 his remuneration in accordance with the schedule attached.
- 3.5 No variation or alteration of 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 varied terms shall apply.
- 3.6 The Temporary Worker acknowledges that specific legislation governing the tax treatment of workers assigned by employment agencies requires his/her earnings to be subject to direct deduction of income tax and national insurance contributions under PAYE regulations as if he/she were an employee.
- 3.7 The Temporary Worker will be notified on commencement of each Assignment which of the arrangements in clause 2 is applicable and of the terms and conditions governing the arrangement.
4. The Representation Offer
- 4.1 The representation offer shall contain details of the proposed relationship between the Employment Business and the Temporary Worker and shall have a copy of these terms and conditions attached thereto.
- 4.2 Details of the nature of work required by the Temporary Worker shall be contained within the representation offer.
- 4.3 The representation offer shall remain open for acceptance by the Temporary Worker for a period of 14 days. If the Temporary Worker fails to accept the representation offer within that time period the representation offer shall lapse and shall not be capable of acceptance.
5. The Services
- 5.1 The Employment Business shall provide the services as an Employment Business in accordance with the employment agencies act 1973 and the conduct of employment agencies and businesses regulations 2003.
- 5.2 The Employment Business shall represent the Temporary Worker in all matters relating to the finding of assignments and all negotiations and agreements relevant thereto.
- 6.1 All wages due to the Temporary Worker and the payment intervals thereof shall be calculated prior to the commencement of an assignment. Such wages shall be based upon an hourly rate and subjected to deductions for PAYE, National Insurance contributions and any further deductions required by law.
- 6.2 Payment of wages to the Temporary Worker by the Employment Business shall be made upon the presentation by the Client to the Employment Business of a completed and signed timesheet in accordance with clause 9.
- 6.3 In the event that details on a timesheet are contested by the Client, the Temporary Worker may be required to assist in the resolution of any dispute. Failure to cooperate in such matters may result in a delay in the payment of wages to the Temporary Worker.
- 6.4 The Employment Business shall not withhold, delay or in any way alter the Temporary Worker’s wages as a result of any non-receipt or alteration of payments by the Client to the Employment Business.
- 6.5 The Employment Business shall pay the Temporary Worker weekly in arrears directly into the Temporary Worker’s nominated bank account, the rate specified for each hour worked which will be agreed between the Employment Business and the Temporary Worker at the outset of an assignment, and shall deduct there from and account for all applicable taxes (including without limitation, any National Insurance contributions) required by law. The actual rate of pay will be paid for each hour worked (to the nearest quarter hour).
- 6.6 Subject to any statutory entitlement under the relevant legislation the Temporary Worker is not entitled to receive payment from the Employment Business or Client for time not spent on assignment whether in respect of illness or absence for any other reason unless otherwise agreed.
- 6.7 Timesheets received on the Friday (or weekend following) a week worked, by post, email or hand to our Head Office being duly signed by the Client, will result in payments being made/received into the Temporary Worker’s bank the following week on Friday.
7. The Employment Business’s or Agency Obligations
- 7.1 The Employment Business shall provide the services with reasonable skill and care, commensurate with best practice in the Employment Business sector and in accordance with any and all codes of practice and statutory requirements including but not limited to the Agency Workers Regulations 2010.
- 7.2 The Employment Business shall use its best and reasonable endeavours to find and secure suitable assignments for the Temporary Worker.
- 7.3 The Employment Business cannot guarantee to find a suitable assignment for the Temporary Worker and is under no obligation to do so.
- 7.4 The Employment Business shall use its best and reasonable endeavours to ensure that Clients deal with the Temporary Worker in a reasonable and professional manner; however the Employment Business accepts no responsibility for the conduct of Clients.
- 7.5 The agency will endeavour to obtain suitable assignments for the Temporary Worker to work as a temporary dental nurse in dental practices or clinics.
- 7.6 The rate of pay payable to the Temporary Worker will not be less than the minimum rate of pay in force at the relevant time.
8. The Temporary Worker’s obligations
- 8.1 Where specific experience, qualifications and authorisations are required by the Client, by law or by any professional body, the Temporary Worker shall provide up-to-date evidence of the same to the Employment Business prior to the start of an assignment to which they apply. The Temporary Worker shall also grant permission to the Employment Business to supply any such evidence to the Client.
- 8.2 The Temporary Worker shall use their best and reasonable endeavours to perform to the best of their ability during assignments and shall remain professional and courteous to the Client and to their fellow workers.
- 8.3 The Temporary Worker shall comply with the agreed working hours subject to any variation agreed between the Temporary Worker and the Client. In the event that such working hours are to exceed 48 hours per week at any given time, the Employment Business must be notified of this by the Client.
- 8.4 The Temporary Worker shall comply with all reasonable requests, instructions or orders relating to the Assignment.
- 8.5 The Client shall make the Temporary Worker fully aware of all relevant rules and regulations pertaining to health and safety at the start of the assignment. The Temporary Worker shall fully comply with all such rules and regulations throughout the assignment.
- 8.6 The Client shall make the Temporary Worker fully aware of all general workplace rules, policies and procedures, including those specifically related to the assignment at the start of the assignment. The Temporary Worker shall fully comply with all such rules, policies and procedures throughout the assignment.
- 8.7 If any conflict of interest or any other circumstance which would be detrimental to the Client, the Employment Business or the Temporary Worker arises during the assignment, the Temporary Worker must inform both the Employment Business and the Client.
- 8.8 The Temporary Worker acknowledges that it is in the nature of temporary work that there may be periods when no suitable work is available and agrees that suitability shall be determined by the company and that the company shall incur no liability towards the Temporary Worker should it fail to offer her opportunities to work.
- 8.9 Unless specifically agreed to the contrary, the Temporary Worker is not entitled to payment from the company or its Client for the time not spent on an assignment whether in respect of holidays, illness or absence for any other reasons.
- 8.10 The Temporary Worker is not obliged to accept any assignment offered by the company but if he/she does so, during every assignment and afterwards as appropriate, he / she will:-
- 8.10.1 Co-operate with the Clients staff and accept the direct supervision and instruction of any responsible person in the Client’s organisation
- 8.10.2 Observe any rules and regulations of the Client’s establishment to which attention has been drawn or which the temporary dental staff might reasonably be expected to ascertain.
- 8.10.3 Unless arrangements have been made to the contrary, conform to the normal hours of work currently in force at the Client’s establishment.
- 8.10.4 Take all reasonable steps to safeguard his / her own safety and the safety of any other person who may be present or affected by her actions on the assignment and then comply with the health and safety policy of the Client.
- 8.10.5 Not engage in any conduct detrimental to the interest of the Client
- 8.11 In the event of the Temporary Worker declining to accept any offer of work or not attending work for any reason for any period, the contract for services shall terminate.
- 8.12 If the Temporary Worker is unable for any reason to work on an assignment he / she should inform the company immediately and in any event no later than one hour before he / she is due to start work for the Client to enable alternative arrangements to be made.
- 8.13 The Temporary Worker will not at any time use for her own or any other person’s benefit any information in relation to the company’s, or the Clients transactions and business affairs.
- 8.14 Where the Employment Business has introduced the Temporary Worker to the Client or any third party the Temporary Worker undertakes not to, whether directly or indirectly:
- 8.14.1 Accept the offer of a temporary or permanent placement within the Client or any third party; or
- 8.14.2 To engage himself/herself or any other person, firm or company with the Client or any third party without the knowledge of the Employment Business and not until the Employment Business have agreed terms with the third party.
- 8.15 The Temporary Worker undertakes to perform all Assignments to the best of their ability, confirms that all career information and details of professional and academic qualification supplied to the Employment Business is correct and undertakes to the Employment Business of any additional information that will affect any Assignment.
- 8.16 The Temporary Worker confirms that he/she has no criminal convictions and that he/she will advise the Employment Business immediately of any subsequent convictions arising during the Assignment (convictions do not include spent convictions within the meaning of the Rehabilitation Act 1974).
- 8.17 If required by the Company the Temporary Worker hereby confirms that they will incur the cost of the relevant CRB and ISA process documents.
- 8.18 The Temporary Worker will always look and present a smart and professional image, thereby increasing patient and public confidence, and representing the quality image of the Employment Business. A Uniform (Tunic) will be provided and it is accepted that if the Temporary Worker fails to work a minimum of 150 billable hours they will repay to the Employment business £25 for the cost of this item.
- 9.1 The Employment Business requires timesheets to be completed by the Temporary Worker in order to verify the number of hours worked by the Temporary Worker.
- 9.2 In the absence of any agreement to the contrary, timesheets shall cover a period of one week.
- 9.3 Timesheets shall be completed by the Temporary Worker on a weekly basis
- 9.4 All timesheets must be presented to the Client by the Temporary Worker for signing whereupon the Client or Temporary Worker shall submit the completed, signed timesheet to the Employment Business.
- 9.5 If the Temporary Worker is required to produce any evidence relating to hours worked that is supplementary to a timesheet, they must do so forthwith.
10. Sickness, Absence and Statutory Leave and further to clause 8.9
- 10.1 In the event that the Temporary Worker is absent from an assignment due to injury or illness for a period of 4 days or more:
- 10.1.1 The Employment Business shall administer statutory sick pay to the Temporary Worker; and
- 10.1.2 The assignment shall be extended by the total number of days covered by that period of absence at the discretion of the agency.
- 10.2 The Temporary Worker shall be entitled to annual leave in accordance with The Working Time Regulations 1998, and, where relevant the Agency Workers Regulations 2010.
- 10.3 Annual leave shall be calculated pro rata in accordance with statutory minimums. If there is any conflict between the provisions of this clause 10 and the Agency Workers Regulations 2010, the Agency Workers Regulations 2010 shall prevail.
- 10.4 The Employment Business holiday year is 1st January to December 31st each year. For the purpose of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 accrual commences on the date the Temporary Worker starts an assignment.
- 10.5 The Temporary Worker’s full holiday entitlement is 5.6 weeks per annum which includes 8 bank holidays. Should the Temporary Worker be required to work on a statutory public holiday, in such circumstances the Temporary Worker will be entitled to a day off in lieu at a time agreed with the Client and Employment Business
- 10.6 The Temporary Worker is paid for holiday accrued and taken during an assignment. Any outstanding accrued holiday will be paid on assignment completion.
- 10.7 Annual leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on an assignment during the leave year. The Temporary Worker may not take more paid holiday leave than is accrued to him/her at the time of such holiday. The accrual rate is 2.5 days per calendar month for a full time employee and pro-rated down for part time weeks.
- 10.8 Where the Temporary Worker wishes to take any leave to which he/she is entitled, he/she should notify the Employment Business in writing of the dates of his/her intended absence only where accrual has been evident. The Temporary Worker is required to give the Employment Business at least two weeks’ notice of his/her intention to take leave. Unless the Employment Business informs the Temporary Worker in writing that it is not possible for him/her to take leave on the specified dates, the Temporary Worker shall be entitled to take up his/her notified leave entitlement.
- 10.9 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Workers’ status as a self-employed worker.
11. Intellectual Property
- 11.1 Any and all intellectual property created by the Temporary Worker during the course of any assignment shall be deemed to be assigned to the Client. The Temporary Worker shall execute any and all necessary assignments and any other documentation required either by law or by the Client in order to give effect to the provisions of this clause 11.
- 11.2 The Temporary Worker shall unconditionally waive all moral rights in any work created by them.
- 11.3 The Temporary Worker will not at any time divulge to any person, nor use for his / her own or any other person’s benefit, any information in relation to the company’s employees, or patient confidentiality.
- 12.1 Subject to any matters which are covered by the Employment Business’s professional indemnity insurance policy, the Employment Business shall not be liable or responsible for any loss or damages of any nature, whether direct or indirect, including any loss of profits or any consequential damages suffered or incurred by the Temporary Worker, howsoever caused, as a result of the Employment Business’s negligence or breach of contract.
- 12.2 Nothing in this clause shall limit the Employment Business’s liability for death or personal injury.
- 13.1 The Temporary Worker shall indemnify the Employment Business against any claim, loss, damage, proceedings, settlement, costs or expenses which may be paid to a third party arising out of any matter relating to the Temporary Worker’s performance or non-performance of their obligations under these terms and conditions.
- 13.2 The indemnity set out in sub-clause 13.1 shall apply provided that in all cases the Employment Business shall:
- 13.2.1 Notify the Temporary Worker as soon as is reasonably possible of any claim, loss or damage;
- 13.2.2 Consult with the Temporary Worker as to the action to be taken in dealing with any such matters; and
- 13.2.3 Make no agreement with any third party for the payment of any sum without the prior agreement of the Temporary Worker, such agreement not to be unreasonably withheld.
- 13.3 Notwithstanding the provisions of this clause 13, the total liability of the Temporary Worker under this agreement shall be limited to the number of hours worked.
- 14.1 Subject to the remaining provisions of this clause 14, the contract shall continue for the term which shall be agreed between the parties prior to the commencement of the contract.
- 14.2 The Employment Business reserves the right to terminate the contract at any time and subject to its sole discretion and for any reason. Such termination shall take effect following the completion of any assignment taking place at the time or such termination shall take effect immediately, and the Temporary Worker shall be required to end any assignment taking place at the time.
- 14.3 The Temporary Worker reserves the right to terminate the contract at any time upon giving at least 7 days written notice. Such termination shall take effect following the completion of any assignment taking place at the time or otherwise agreed prior to the Temporary Worker giving such notice.
- 14.4 Either party has the right to terminate the contract immediately if the other:
- 14.4.1 Has committed a material breach of these terms and conditions, unless such breach is capable of remedy, in which case the right to terminate will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or
- 14.4.2 Goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
- 14.5 Any and all obligations of the parties which either expressly or by their nature continues beyond the termination, cancellation or expiration of the contract shall survive termination under this clause.
- 14.6 The company may without notice and without liability instruct the Temporary Worker to end an assignment at any time, if a Client cancels at short notice even if the Temporary Worker has arrived at the Clients place of work, the Employment Business will only be liable to pay travel cost.
15. Force Majeure
- Neither party to these terms and conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- 16.1 All notices under these terms and conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
- 16.2 Notices shall be deemed to have been duly given:
- 16.2.1 When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
- 16.2.2 When sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
- 16.2.3 On the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
- 16.2.4 On the tenth business day following mailing, if mailed by airmail, postage prepaid.
- 16.3 All notices under this agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other party.
- The parties agree that, in the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
18. No Waiver
- The parties agree that no failure by either party to enforce the performance of any provision in this agreement shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
19. Dispute Resolution (Arbitration)
- 19.1 Where any dispute or difference relating to these terms and conditions arises between the parties that matter shall be referred to the arbitration of a single arbitrator with appropriate qualifications and practical experience to resolve the particular dispute.
- 19.2 The arbitrator shall be agreed by the parties or, in the event of failure to agree, shall be appointed by the president for the time being of the law society of England and Wales.
- 19.3 The arbitration shall take place at a place designated by the agency and shall be in accordance with the Arbitration Act 1996 or any re-enactment or modification of that Act for the time being in force.
- 19.4 The parties shall promptly furnish to the arbitrator all information reasonably requested by him / her relating to the particular dispute, imposing appropriate obligations of confidence.
- 19.5 The parties shall require the arbitrator to use all reasonable endeavours to render his decision within 30 days following his receipt of the information requested or if this is not possible as soon thereafter as may reasonably be practicable. The parties shall cooperate fully with the arbitrator to achieve this objective.
- 19.6 The parties shall share the fees and expenses of the arbitrator equally. The decision of the arbitrator shall be final and binding upon both parties.
- 19.7 The parties agree to exclude any right of application or appeal to the courts of England and Wales concerning any question of law arising in the course of the arbitration.
20. Law and Jurisdiction
- 20.1 These terms and conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
- 20.2 Any dispute, controversy, proceedings or claim between the parties relating to these terms and conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.