1.1 In these Terms the following definitions apply:
“Actual Rate of Pay” means the rate of pay that will be paid to the Agency Worker (less statutory deductionsand any deductions that the Agency Worker has specifically agreed can be made) in respect of any Assignment as set out in the Assignment Details Formprior to completion of the Qualifying Period.
“Agency Worker” means the individual who is introduced or supplied to the Hirer to fill a vacancy or cover a short term staffing requirement having been sourced through the StuTemp website, and who is at least 18.
“Assignment” meansthe Services to be provided by the Agency Worker to the Hirer for a period of time.
“Assignment Details Form” means written confirmation of the details agreed with the Hirer prior to commencement of each Assignment containing all of the relevant particulars of the Assignment.
“AWR 2010” means the Agency Workers Regulations 2010.
“Conduct Regulations” means the Conduct of Employment Agencies andEmployment Businesses Regulations 2003.
“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Hirer orStuTemp for the time being confidential to the Hirer orStuTemp and trade secrets including, without limitation, technical data and know-how relating to the business of the Hirer or StuTemp or any of its suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Agency Worker creates, develops, receives or obtains in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential.
“Data Protection Laws” meansthe General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018 and, in each case, all legislation and regulations enacted in the UK in respect of the protection and transfer of personal data.
“Engagement” means the engagement (including the Agency Worker’s acceptance of the Hirer’s offer), employment or use of the Agency Worker by theHirer or any third party to whom the Agency Worker has been Introduced by the Hirer, directly or indirectly, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Agency Worker is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly.
“Hirer” means the person, corporate body and other entity making use of the functionality of StuTemp’s website andonline platform, and being clients looking to source suitable staff to meet short term and/or temporary staffing requirements.
“Hirer Rating” means the rating given to Hirers after an Agency Worker has completed an Assignment.
“Losses” means all direct losses, liabilities, damages, costs, expenses (excluding any consequential loss, economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands.
“Other Qualifying Period Payment“ means any remuneration payable to the Agency Worker (other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by anAgency Worker and are not linked to a financial participation scheme (as defined by the AWR 2010).
“Qualifying Period“ means 12 continuous calendar weeks, as defined in regulation 7 of the AWR 2010, subject always to regulations 8 and 9 of the AWR 2010.
“Qualifying Period Rate of Pay“ means the rate of pay that will be paid to the Agency Worker (less statutory deductions and any deductions that the Agency Worker has specifically agreed can be made)on completion of the Qualifying Period, if this rate is higher than the Actual Rate of Pay.
“Relevant Period“ shall have the meaning set out in regulation 10(5) and (6) of the Conduct Regulations.
“Relevant Terms and Conditions“ means the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Agency Worker has completed the Qualifying Period.
“Services” means the services specified in the relevant Assignment Details Form and provided in accordance with these Terms.
“StuTemp” means StuTemp Ltd with registered office at 4 Goods Yard Close, LoughboroughLE11 5EB.
“Terms” means these terms and conditions for Agency Workers; and
“Timesheet” means the part of the website where the Agency Worker canconfirm or dispute the hours of the Assignment.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4 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 these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
2 The Contract
2.1 The Terms (and any documents referred to in these Terms)are theentire agreement between StuTemp and theAgency Worker for the supply of Services to the Hirer, and shall governeachAssignment that the Agency Worker undertakes. No contract will exist between StuTemp and an Agency Worker between Assignments.These terms prevail over any alternative terms suggested or put forward by the Agency Worker.
2.2 During each Assignment the Agency Worker will be engaged on a contract for services by StuTemp on the terms set out in these Terms. Agency workers are not employees of StuTemp, but StuTemp as maymake deductions from workers’ pay as required by law. Similarly, Agency Workers are not employees of Hirers and these Terms shall not be construed as a contract of employment between anAgency Worker supplied to provide Services and either StuTemp or the Hirer.
2.3 StuTemp shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 when introducing or supplying the Agency Worker for Assignments with Hirers.
2.4 No alteration will be made to these terms unless agreed to by StuTemp and the Agency Worker.
3 Information which must be supplied and Assignments
3.1 Agency Workers understand that StuTemp will do its best to find suitable Assignments for them. StuTemp is not obliged to offer an Assignment to an Agency Worker and the Agency Worker is not obliged to accept any Assignment offered by StuTemp.
3.2 The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Agency Worker agrees that StuTemp shall incur no liability to the Agency Worker should it fail to offer Assignments to the Agency Worker.StuTemp has no liability for an Agency Worker’s failure to find work or for a Hirer’s choice of Agency Worker.StuTemp has no liability for the selection of Agency Workers by the Hirer.
3.3 The Agency Worker understands that StuTemp provides worker profiles to Hirers for each Agency Worker who has expressed an interest in filling a job vacancy or being considered for job vacancies.
3.4 The Agency Worker agrees that all information provided by Agency Worker will be true, accurate, complete and not misleading. This includes the previous experience and rolescarried out by the Agency Worker. StuTemp has right to change worker profiles if qualifications / experience are false, inaccurate, incompleteor misleading.
3.5 For the purposes of Data Protection Laws, the Agency Worker by agreeing to these terms accepts that personal data that is provided by the Agency Worker will be processed by StuTemp and that such information will be passed on to Hirers to improve the matching process between Agency Workers and Hirers, and to enable Hirers to make decisions about vacancies.
3.6 By registering an accountorcarrying out any Assignment, an Agency Worker agrees to Stripe’s Services Agreement and the Stripe Connected Account Agreement. StuTemp uses Stripe to process payments and makepayments to Agency Workers under these Terms.
3.7 The Agency Worker agrees that StuTemp is unable tonotify Hirers of an Agency Worker’s interest in a job request until all documentation has been providedby the Agency Worker to StuTemp and other checks have been completed.
3.8 StuTemp will provide an electronic job request to the Agency Worker via the website for any Assignment, listing the following:
(b) the start date of the Assignment and its duration or likely duration.
(c) the position which the Hirer seeks to fill, including:
(ii) the location at which the Agency Worker would be required to work.
(iii) the hours during which the Agency Worker would be required to work; and
(iv) any risks to health and safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks.
(d) the experience, training, qualifications and any authorisation that the Hirer considers are necessary, or which are required by law, or by any professional body, for the Agency Worker to possess in order to work in the Assignment.
(e) any expenses payable by, or to, the Agency Worker; and
(f) the fee payable for the Assignment.
3.9 If for any reason the Agency Worker is not provided with the information in clause 3.8 above in writing at the time the Assignment is offered, StuTemp will confirm the Assignment information to the Agency Worker in writing or electronically as soon as possible and in any event no later than the end of the third business day following the day on which the Assignment was offered to the Agency Worker.
3.10 StuTemp cannot offer the Agency Worker any Assignment until the Agency Worker has provided StuTemp with:
(b) such information as StuTemp may reasonably require to enable it to confirm that the Agency Worker has the experience, training, qualifications and anyauthorisation that the Hirer considers are necessary, or which are required by law or by any professional body, to work in the position that the Hirer seeks to fill.
3.11 If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Agency Worker will be informed of the Qualifying Period Rate of Pay if different from the Actual Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Agency Worker is entitled under the AWR 2010.
3.12 If anAgency Worker considers that he/she has not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Agency Worker may raise this in writing with StuTemp setting out as fully as possible the basis of the Agency Worker’s concerns. StuTemp shall, within 28 days of receiving such request, provide the Agency Worker with a written statement setting out:
(b) the factors that StuTemp considered when determining such basic work and employment conditions; and
(c) where StuTemp seeks to rely on the defence in regulation 5(3) of the AWR 2010, relevant information which:
(ii) describes the basic work and employment conditions that apply to that employee.
4 Agency Worker’s Obligations
4.1 The Agency Worker does not have to accept any job requests from the Hirer, but once accepted, the Agency Worker agrees to:
(b) work faithfully, competently and responsibly.
(c) follow procedures and rules put in place by the Hirer, including health and safety policies and procedures of the Hirer.
(d) take all reasonable steps to safeguard the Agency Worker’s own health and safety and that of any other person who may be present or affected by the Agency Worker’s acts and omissions during the Assignment.
(e) not proceed in an action that is detrimental to StuTemp or the Hirer, including but not limited to any unlawful discriminationor harassment of any member of staff of the Hirer or StuTemp.
(f) not use or disclose to any third party any Confidential Information.
(g) look after and give back on request and in any event at the end of the Assignment any equipment, uniform and other materials or property provided to the Agency Worker by the Hirer or StuTemp; and
(h) comply with all relevant legislation and codes of practice from time to time in force in the performance of the Assignment and applicable to StuTemp’s or the Hirer’s business.
4.2 For each Assignment, the Agency Worker agrees to:
(b) inform StuTemp as soon as possibleif the Agency Worker is unable to carry out all or part of the Assignment and in any event before the Assignment is due to start.
(c) provide a written explanation and supporting documentation to StuTemp detailing why the Agency Worker was unable to carry out all or part of the Assignment.
4.3 If the Agency Worker accepts any Assignment offered by StuTemp, as soon as possible before the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at StuTemp’ request, the Agency Worker undertakes to:
(b) provide StuTemp with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by StuTemp; and
(c) inform StuTemp if before the date of the commencement of the relevant Assignment the Agency Worker has:
(ii) completed at least one assignment with the Hirer and one or more assignments with a member of the Hirer’s group of companies; or
(iii) worked in more than two roles during an assignment with the Hirer and on at least two occasions has worked in a role that was not the same role as the previous role.
4.4 If, either before or during any Assignment, the Agency Worker becomes aware of any reason why the Agency Worker may not be suitable for an Assignment, the Agency Worker must notify StuTemp without delay.
4.5 The Agency Worker must not incur any expense on StuTemp’s behalf or give the impression the Agency Worker is allowed to do so, unless StuTemp specifically tells the Agency Worker to do so in writing.
4.6 The Agency Worker understands that the breach of these Terms may lead to:
(b) the removal of Agency Worker’sprofile from StuTemp’swebsite
(c) StuTemp seeking to recover Losses from the Agency Worker.
4.7 The Agency Worker will give a Hirer Rating through the website of the Hirer based on a range of factors. The Agency Worker will ensure all HirerRatings are reflective, correct and not misleading.
4.8 If the Hirer receives a Hirer Rating that it believes is too low, or is misleading, incorrect or not reflective, StuTemp will review the Hirer Rating provided and, in its absolute discretion, decide whether the Hirer Rating is justified. The review decision of StuTemp is final and the Agency Worker shall have no right to appeal against its decision.
4.9 The Agency Worker warrants that:
(b) the Agency Worker has the experience, training, qualifications and any authorisation which the Hirer considers are necessary or which are required by law or by any professional body for the Agency Worker to possess in order to perform the Assignment.
(c) the Agency Worker is 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 the Agency Worker’s obligations under these Terms.
(d) the Agency Worker has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment; and
(e) the Agency Worker is at least 18 years of age.
5 Timesheets and Working Time
5.1 The Agency Worker shall complete the Timesheet in respect of all hours worked for each Assignment, which confirms the hours worked in relation to each Assignment or alternatively the Agency Worker shall pick another option on the website to change hours.
5.2 If there is dispute in hours, StuTemp will investigate the matter (in a timely manner) and decide in its absolute discretion the correct amount of hours.
5.3 The Agency Worker will be paid only for the hours that the Agency Worker provides the Services. Unless otherwise agreed and stated in writing, Agency Workers will not be paid for time travelling to the location, for breaks or for any other non-work-related activities.
6 Pay And Deductions
6.1 Subject to the Agency Worker completing on the website the correct details in relation to hours worked, StuTemp will pay to the Agency Worker the Actual Rate of Payfor each hour worked during an Assignment (to the nearest quarter hour) until the Agency Worker completes the Qualifying Period.
6.2 Subject to the Agency Worker completing on the website the correct details in relation to hours worked, if the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, StuTemp shall pay to the Agency Worker:
(b) the Other Qualifying Period Payments.
6.3 Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual Leave) and 8 (Sickness Absence) below and any other statutory entitlement, unless otherwise agreed the Agency Worker is not entitled to receive any further payment from StuTemp or the Hirer, whether in respect of holidays, illness or any other absence.
6.4 Subject to compliance with Regulation 12 of the Conduct Regulations,StuTemp reserves the right to deduct from the Agency Worker’s pay any sums which she or he may owe to StuTemp, including but not limited to an amount equal to the cost of repair or replacement of any equipment or property provided to the Agency Worker that the Agency Worker loses or damages or that is lost or damaged while under the control of the Agency Worker.
6.5 StuTemp shall pay the Agency Worker on the Friday two weeks in arrears after any Assignment has been carried out.
6.6 StuTemp will comply with its auto-enrolment obligations (if any) as required by the Pensions Act 2008 and associated legislation.
7 Annual Leave
7.1 The Agency Worker is entitled to annual paid leave of 5.6 weekspro rata to reflect the hours worked by the Agency Worker on any Assignment. This works out to 12.07% of any hours worked by the Agency Worker on any Assignment.The holiday year is between 1 January and 31 December. If an Assignment starts or finishes part way through the holiday year, the Agency Worker’s holiday entitlement during that year shall be calculated on a pro-rata basis.
7.2 The payment that an Agency Worker will receive in respect of periods of annual leave will reflect the pay received by the Agency Worker in respect of the relevant Assignment.
7.3 The Agency Worker should give at least four weeks’ notice of any proposed holiday dates and these must be agreed by StuTemp in writing in advance. StuTemp may require the Agency Worker to take holiday on specific days, as notified to theAgency Worker.
7.4 At the end of an Assignment, the Agency Worker shall be entitled to be paid in lieu of accrued but untaken holiday for the holiday year in which termination takes place. If the Agency Worker has taken more holiday than their accrued entitlement at the end of the Assignment, StuTemp shall be entitled to deduct the appropriate amount from any payments due to the Agency Worker.
8 Sickness Absence
8.1 If the Agency Worker is absent from work for any reason, they must notify StuTemp of the reason for his/her absence as soon as possible on the first day of absence but no later than one hour before the Agency Worker is due to start work that day in respect of the Assignment.
8.2 If the Agency Worker satisfies the qualifying conditions laid down by law, he/she may be entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of sickness or injury during the Assignment. The Agency Worker will not be entitled to any other payments during such period.
8.3 In all cases of absence, a self-certification form, which is available from StuTemp, must be completed on the Agency Worker’s return to work and supplied to StuTemp. For any period of incapacity due to sickness or injury that lasts for seven consecutive days or more, a doctor’s certificate (a statement of fitness for work) stating the reason for absence must be obtained at the Agency Worker’s own cost and supplied to StuTemp. Further certificates must be obtained for all periods of absence, if the absence continues for longer than the period of the original certificate.
8.4 The Agency Worker’s qualifying day for SSP purposes is Monday.
9.1 StuTemp, the Agency Worker and the Hirer can cancel the Assignment at any timewithout prior notice or payment in lieu of notice. However, where no notice or unreasonable notice is given by the Agency Worker to terminate an Assignment before the end of the Assignment, this may impact the Agency Worker’s ability to use StuTemp’s service in the future and decisions regarding whether to offer future Assignments to the Agency Worker. StuTemp’s decision is final in this regard.
9.2 The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between StuTemp and the Hirer. In the event that the contract between StuTemp and the Hirer is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
9.3 If the Agency Worker does not work in an Assignment for 12 calendar weeksor if the Agency Worker requests it,StuTemp will forward the Agency Worker’s P45 to his/her last known email address.
10 IntellectualProperty Rights
10.1 The Agency Worker acknowledges that all Intellectual Property Rights deriving from services carried out by the Agency Worker for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all such documents and do all such acts as StuTemp or the Hirer shall from time to time require in order to give effect to the Hirer’s rights pursuant to this clause.
11.1 To protect trade secrets and confidentiality, the Agency Worker agrees to:
(b) enter into a confidentiality or non-disclosure or other similar agreement directly with a Hirer where a Hirer in its sole and absolute discretion requires this.
12 Data Protection
12.1 StuTemp will collect and process information relating to the Agency Worker in accordance with the Privacy and Cookies Policy, which is on StuTemp’s website.
12.2 The Agency Worker shall comply with the data protection policy of both StuTemp and the Hirer when handling personal data including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of StuTemp or the Hirer. The Agency Worker will also comply with any other policies of both StuTemp and the Hirer that relate to data protection.
12.3 Failure to comply with the data protection policy or any other relevant policy of the Hirer or StuTemp may result in the immediate termination of any Assignment.
12.4 The Agency Worker acknowledges and accepts the Website, Use, Privacy and Cookies Policycontained on StuTemp’s website (as amended from time to time).
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
14 Offers of Permanent Employment
14.1 The Agency Worker acknowledges that StuTemp will be entitled to charge the Hireran introduction fee where:
(b) the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker within the Relevant Period.
14.2 An Introduction Fee will not be payable in the circumstances described in Clause 13.1(a) if the Hirer agrees to extend the period of the Assignment for a specified period at the end of which the Agency Worker may be Engaged by the Hirer without further charge.
14.3 In order to enable StuTemp to protect its legitimate interests, the Agency Worker agrees that he/she will notify StuTemp immediately if the Agency Worker receives a written or verbal offer ofpermanent employment by a Hirer or any third party (other than another employment business) that the Agency Worker is introduced to by the Hirer, whether before, during or following completion of any Assignment.
15 No Partnership or Agency
15.1 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between StuTemp and an Agency Worker, constitute StuTemp or an Agency Worker as the agent of the other, or authorise StuTemp or an Agency Worker to make or enter into any commitments for or on behalf of the other.
15.2 The Agency Worker confirms he/she is acting on his/her own behalf and not for the benefit of any other person.
16 Governing Law and Jurisdiction
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.