TERMS OF ENGAGEMENT FOR TEMPORARY PERSONNEL

1. In these Terms of Engagement the following definitions apply:
   1. "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. "Consultant" means Walbrook Appointments of 7 Warren Mews, London W1T 6AS. "Temporary Worker" means    “ Relevant Period” means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the consultant to the Client.
   2. Unless the context otherwise requires, references to the singular include the plural and vice versa.
2. The terms constitute a contract for services between the Consultant and the Temporary Worker. No contract shall exist between the Consultant and the Temporary Worker before the first Assignment or between Assignments.
3. For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Consultant and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Consultant is required to make statutory deductions from his/her remuneration in accordance with clause 3.1.
4. No variation or alteration of these Terms shall be valid unless the details of such variation are agreed between the Consultant 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.  
5. The Consultant will endeavour to obtain suitable Assignments for the Temporary Worker.   The Temporary Worker shall not be obliged to accept an Assignment offered by the Consultant.
6. 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 Consultant; that the  Consultant 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 Consultant during periods when  the Temporary Worker is not working on an Assignment.
7. At the same time as an Assignment is offered to the Temporary Worker the  Consultant shall inform the Temporary Worker of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the 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 and 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 Consultant 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.
8. 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.
9. 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.
10. 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 Consultant, the Temporary Worker acknowledges that the Consultant 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 Consultant without further charge to the Client.   In addition the Consultant 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.
11.  The Consultant shall pay to the Temporary Worker remuneration calculated at a minimum hourly rate of £7.00 being the minimum rate of remuneration  that the Consultant  expects to achieve,  for all hours worked.   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 weekly 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 Consultant may be required to make. Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Consultant or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
12. For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences on
13. 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.
14. Where a Temporary Worker wishes to take paid leave during the course of an Assignment he/she should notify the Consultant of the date of his/her intended absence giving notice of at least twice the length of the period of leave that he/she wishes to take.   In certain circumstances the Consultant may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Consultant will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
15. 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. The Temporary Worker agrees that the payment in respect of the entitlement to paid leave shall be made together with and in addition to the Temporary Worker’s hourly rate.   Payments for annual leave will be calculated on the basis of rates paid during the Client’s normal working hours i.e. those which do not attract overtime rates of pay.
16. 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..
17. 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.
18. 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.
19. At the end of each week of the Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Consultant his/her time sheet duly completed to indicate the number of hours worked by him/her during that week (or such lesser period) and signed by an authorised representative of the Client.
20. Subject to clause 7.3 the Consultant shall pay the Temporary Worker for all hours worked regardless of whether the Consultant has received payment from the Client for those hours.
21. Where the Temporary Worker fails to submit a properly authenticated time sheet the Consultant 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 these hours.   This may delay any payment due to the Temporary Worker.   The Consultant shall make no payment to the Temporary Worker for hours not worked.
22. 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 he/she is carrying out his/her 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.
23. The Temporary Worker is not obliged  to accept any Assignment offered by the Consultant but if he/she does so, during every Assignment and afterwards where appropriate, he/she will:
1. co-operate with the Client's reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organisation;
2. 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;
3. take all reasonable steps to safeguard his/her own safety and that  of any other person who may be present or affected by his/her actions on the Assignment and comply with the health and safety policies of the Client;
4. not engage in any conduct detrimental to the interests of the Client;
5. not at any time divulge to any person, nor use for his/her own or any other person's benefit, any confidential information relating to the Client's or the Consultant's employees, business affairs, transactions or finances;
24. If the Temporary Worker is unable for any reason to attend work during the course of an  Assignment he/she should inform the Client or the Consultant within one hour of the commencement of the Assignment or shift
25. 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, he/she shall notify the Consultant without delay
26. The Consultant or the Client may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.
27. The Temporary Worker may terminate an Assignment at any time without prior notice or liability.
28. If the Temporary Worker does not inform the Client or the Consultant {in accordance with clause 9.2} 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 9.2 unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 9.2.
29. If the Temporary Worker is absent during the course of an Assignment and the contract has not been otherwise terminated under clauses 9.1, 9.2 or 9.3 above the Consultant will be entitled to terminate the contract in accordance with clause 9.1 if the work to which the absent worker was assigned is no longer available for  the Temporary Worker.
30. If the Temporary Worker does not report to the Consultant to notify his availability for work for a period of three weeks, the Consultant will forward his P45 to his last known address.
31. These Terms are governed by English law and are subject to the exclusive jurisdiction of the English Courts.