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I hereby undertake to inform Mainstream of the number of hours I have worked/driven at any time that I should work as a driver on my own behalf, or on behalf of any other person, firm or company, either whilst employed by Mainstream, or, in between any assignments that I undertake on Mainstream’s behalf. I also confirm that I will advise of any hours as shown above between the time of registration and the first placement with Mainstream.
I hereby acknowledge that whilst I will be paid by Mainstream on behalf of the Client to whom Mainstream introduced me as a driver/worker, I will be under the direction, supervision and control of each and every such employer as to what I do and the manner in which it is to be done. In addition, I am aware that payment will not be withheld based on a Clients non- payment, but may be if the timesheet procedures as described by Mainstream are not followed.
I hereby acknowledge that before taking over a vehicle it is my responsibility to carry out all of the legal requirements covered under the Motor vehicles (Construction and Use) regulations and road vehicle lighting requirements 1971, and any other applicable regulations. In addition, I shall be responsible for all the recommended daily/weekly checks to ensure the vehicle/s are roadworthy at all times.
I hereby confirm that the information given in the medical questionnaire is correct and understand all of the advice given. I understand that the information given is supplied in confidence and will only be used as a basis for advice in relation to possible placements with Mainstream.
Failure to disclose or deliberately give false or misleading information may affect your ability to work with Mainstream or any third party employer connected with Mainstream, and, may have a serious impact on your terms and conditions.
This self assessment questionnaire is designed to help you assess your own health in the context of working with Mainstream. It is recommended that you complete it in person as you may identify some health problems. Your agency handler will then be able to advise you on what actions are required and if necessary adapt your work to suit your condition. The information you provide will be treated as confidential and would only be used for this specific purpose. This questionnaire will also help to access whether or not you have any health conditions which might affect your ability/safety to work night shifts. The Working Time Regulations 1998 state that employees who are working night shifts as part of their job are entitled to a health assessment.
1. Mainstream Fleet Services believes that it is essential that all employees, workers and those who render services to the Company or at the Company's premises are in full command of themselves and of all their faculties throughout the working day.
2.Mainstream Fleet Services requires you topresent yourself for work on each occasion
required under your contract in complete command of all your faculties i.e, without any dependence on alcohol or any other drugs of a non-medical nature and to maintain that state until the completion of your working hours under your contract. If during the course of your working day you have to take medicinal drugs on a regular basis, this fact should be known to a member of the Mainstream team confidentially. 3. In the event that you present yourself at work during working hours you are in a condition where the Client believes you to be under the influence of alcohol or drugs and you are not able to carry out your duties in a proper, fit and safe way you will be allowed to commence work or continue work. Instead you will be suspended without pay and not allowed to return until such a time as you are in full control of your faculties. In addition to this, you may be subjected to either random or specific drug and alcohol tests as per a client's specific testing policy. 4. In addition, such behaviour will be subject to the disciplinary procedure of Mainstream Fleet Services and after due investigation may result in dismissal as a result of gross misconduct.
5.Mainstream Fleet Services is obliged to investigate all the circumstances surrounding such behaviour prior to commencing the disciplinary procedure and this many, where necessary include seeking medical examination. Mainstream Fleet Services is obliged to investigate such matters in as much details as possible and therefore expects you to comply with any requests that you submit to such examinations. You may appeal in accordance with the company's disciplinary procedure.
6. If the disciplinary procedure is invoked and you receive a disciplinary sanction of dismissal or if you have a successful appeal, Mainstream Fleet Services will recommend that you take advantage of counselling services to help control your problem and you will be required to act of any such recommendation. In the event that you need to be absent from work fora period of treatment for either alcohol or drug dependency a reasonable leave of absence will normally be granted to cover this on an unpaid basis.
7.If Mainstream Fleet Services suspects that you are in the possession of alcohol or drugs you will be required to consent to a search of your belongings. If you are found to be in possession of any alcohol or illegal substances you will be suspended from your duties pending further investigation. This matter will be dealt with under the Company's disciplinary procedure and after due investigation it may result in dismissal or gross
8. If Mainstream Fleet Services believe you are dealing, buying, selling or receiving drugs or alcohol you will be suspended from your duties while an investigation is carried out. Where a criminal offence is suspected the Company shall inform the polices. 9. All employees and workers are requires to inform Mainstream Fleet Services or any appropriate person if they suspect any fellow worker by be acting in breach of this policy.
Mainstream Fleet Services is committed to a policy of equal opportunities for all work seekers and shall adhere to such a policy at all times and will review on an on-going basis on all aspects of recruitment to avoid unlawful or undesirable discrimination. We will treat everyone equally irrespective of gender, sexual orientation, marital status, age, disability, race, colour, ethnic or national origin, religion, political beliefs or membership or non-membership of a Trade Union and we place an obligation upon all staff to respect and act in accordance with the policy. Mainstream shall not discriminate unlawfully when deciding which candidate/temporary worker is submitted for a vacancy or assignment, or in any terms of employment or terms of engagement for temporary workers. Mainstream Fleet Services will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualifications and ability to perform the relevant duties required by the particular vacancy.
*Certain types of employment and professions are exempt from the Rehabilitation of Offenders Act 1974 and in those cases particularly where the employment is sought in relation to positions involving working with children or vulnerable adults, details for all convictions must be give. The information given will be treated in the strictest of confidence and only taken into account where, in the responsible opinion of Mainstream Fleet Services the offence is relevant to the post to which you are applying. Failure to declare a conviction may require us to exclude you from our register or terminate an assignment if the office is not declared but later comes to light.
In line with the Home Office guidance on the prevention of illegal working we will need to verify and take a copy of your original ID Documentation as evidence of your right to work in the UK if you are engaged by Mainstream Fleet Services for temporary work.
If your wages are to be paid into anyone else’s account other than your own, Mainstream Fleet Services will accept no responsibility should you be unable to access your funds.
Mainstream will undertake licence checks with DVLA on a 3 monthly basis in line with our clients requirements.
Mainstream do not make charges to a worker for work finding services. Mainstream do provide a number of paid for services such as training. There is no obligation for any worker to purchase said services.
The information that you provide on this form and on any CV given will be used by Mainstream Fleet Services to provide you work finding services. In providing this service to you, your consent to your personal data being included on a computerized database and consent to us transferring your personal details to our clients. We may check the information collected, with third parties or with other information held by us. We may also use this to pass to certain third parties information to prevent or detect crime, to protect public funds, or in other way permitted or required by law, or as needed by the Business to conduct audits with our clients.
I hereby confirm that the information given is true and correct. I consent to my personal data and CV being forwarded to clients. I consent to references being passed onto potential employers. I confirm I have seen, read and understood the information below :
This disclaimer I understand to mean that I have been offered a free course on manual handling and general safety. I have completed this and returned it understanding the above and that my refusal to attend means that I either have attended a previous course or understand what the course entails or I do not wish to attend for personal reasons negating Mainstream from its responsibilities for any accidents manual handling or general health and safety.
STOP AND THINK. Plan the lift. Where is the load to be placed? Use appropriate handling aids if possible. Do you need help with the load? Remove obstructions such as discarded materials. For a long lift, such as floor to should height, consider resisting the load mid-way on a table or bench to change grip. POSITION THE FEET. Feet apart, giving a balanced and stable base for lifting (tight skirts and unsuitable footwear will make this difficult). Leading leg as far forward as is comfortable and is possible, pointing in the direction you intend to go. ADOPT A GOOD POSTURE. When lifting from a low level, bend the knees. But do not kneel or overflex the knees. Keep the back straight, maintaining its natural curve (tucking in the chin helps). Lean forward a little over the load if necessary to get a good grip. Keep the shoulders level and facing in the same direction as the hips. GET A FIRM GRIP. Try to keep the arms within the boundary formed by the legs. The best position and type of grip depends on the circumstances and individual preference, but must be secure. A hook grip is less tiring than keeping the fingers straight. If you need to vary the grip as the lift proceeds, do it as smoothly as possible. KEEP CLOSE TO THE LOAD. Keep the load close to the trunk for as long as possible, keep the heaviest side of the load next to the trunk. If a close approach to the load is not possible, slide it towards you before trying to lift. DON’T JERK. Lift smoothly, raising the chin as the lift begins, keeping control of the load. MOVE THE FEET. Down twist the trunk when turning to the side. PUT DOWN THEN ADJUST. If precise positioning of the load is necessary, put down first and then slide it into the desired position.
I acknowledge that I have received, read and understood the content of this document relation to Good Handling Technique.
With specific regard to both the Working Time Directive and the EU D rivers Hours Regulations, I the undersigned agree to the following:
I will advise Mainstream of all hours worked in any role undertaken for any other Company to allow Mainstream to correctly use me within the confines of the Laws as listed above.
I am happy to exceed the 10 hour night shift ruling as stated under the 2005 changes in Working Time. (Night work is considered as any shift which entails any part of the period between 00.00 and 04.00
I agree to keep Mainstream informed at any given time if my worked (not overall) hours in one period reach 50 thus allowing Mainstream to allocate my work according to my legal availability.
Counter signatory on behalf of Mainstream
Failure to sign sections 1 and 3 will mean that we cannot use you as a driver at Mainstream as we will assume other unreported work.
It is an offence for a person to drive on a road any vehicle otherwise than in accordance with a licence authorising them to drive it. It is also an offence for a person to cause or permit another person to drive it.
You are required to produce your latest licence to Mainstream Fleet Services LTD and their clients when requested. You must also inform Mainstream Fleet Services LTD of any road traffic incidents, convictions, endorsements or disqualifications that have occurred or occur, which could affect your entitlement to driver as soon as possible.
Changes in your health can also affect your entitlement to driver, in particular, for ALL licences:
- Epilepsy- Fits or blackouts- Repeated attacks of sudden giddiness (dizziness that prevents you from functioning normally)- Diabetes controlled by insulin- An implanted cardiac pacemaker- An implanted cardiac defibrillator (ICD)- Persistent alcohol abuse or dependency- Persistent drug abuse or dependency- Parkinson’s disease- Narcolepsy or sleep apnoea syndrome- Stroke, with any symptoms lasting longer than one month, recurrent ‘mini strokes’ or TIA’s (Transiant ischaemic attacks)- Any type of brain surgery, severe head injury involving treatment, or brain tumour- Any other chronic (long term) neurological condition- A serious problem with memory or episodes of confusion- Severe learning disability- Serious psychiatric illness or mental ill-health- Total loss of sight in one eye- Any condition affecting both eyes, or the remaining eye only (not including short or long sight or colour blindness)- Any condition affecting your visual field (the surrounding area you can see when looking directly ahead)- Any persistent limb problems for which your driving has to be restricted to certain types of vehicles or those with adapted controls
Also, for vocational licences:- Angina, other heart conditions or heart operation- Diabetes controlled by tablets- Visual problems affecting either eye- Any form of stroke, including TIA’s (Transiant ischaemic attacks)
If any of the above affect you, you must inform Mainstream Fleet Services LTD as soon as possible. You must also inform the DVLA by writing to the Drivers Medical Group, DVLA, Swansea SA99 1TU (the appropriate medical questionnaire can be downloaded from www.direct.gov.uk/driverhealth. Failure to do so is a criminal offence punishable by a fine of up to £1000.00.
You are required to understand and comply with all relevant legislation in relation to road transport and any other reasonable requests during your placement with our clients.
In particular, you must:
- Understand and will comply with the rules on EU Drivers hours and records requirement, domestic drivers hours rules and records and working time limits for mobile workers in the road transport sector, as appropriate- Have taken sufficient daily and weekly rest prior to the placement- Have sufficient duty and driving time available to be able to work the shift(s) allocated to you- Have (and will continue to have) on your person the drivers hours records required to be produced to an enforcement officer if requested, namely: o Digitaldriverscard(ifyouholdone) o Analoguetachographchartsforthecurrentdayandtheprevious28calendardays(if you drove a vehicle fitted with analogue equipment in that time) o Any written manual records and printouts legally required for the current day and the previous 28 calendar days
- Ensure the original analogue charts and any legally required printouts or written manual records, which relate to your placement are returned to the client or Mainstream Fleet Services LTD within 42 days- Ensure your digital drivers card is downloaded at the required intervals and in any case at the end of your placement, before you leave the site- Have a full valid licence (with no disqualifications) for the type of vehicle you are being as ked to drive- Where appropriate, hold a Driver CPC and carry your Driver CPC qualification card- Inform the client and Mainstream Fleet Services LTD of any encounters with DVSA (formally known as VOSA) the police or other enforcement officers- Never use a hand held mobile phone whilst driving- Report any accidents or near misses that you are involved in to the client and Mainstream Fleet Services LTD- Carry out daily walk around checks using the documents provided and report any defects- Understand and comply with speed limits of roads and vehicles- Note drive a vehicle whilst under the influence of drink or drugs (whether illegal or prescribed)- Ensure that the load on your vehicle is secure and within the limits of the vehicle in terms of weight and distribution- Comply with any health and safety requirements on this site and any site visited during your placement- Return the vehicle and its equipment in the same condition that you received it in
Note: you are under no obligation to agree to the provisions set out in this schedule. If you indicate in the signature box that you agree to opt out in accordance with this schedule, this schedule will then apply. Otherwise the limit set in the WTR shall apply:
- The nature of an Assignment may require you to choose whether to work in excess of the maximum working time specified in Regulation 4(1) WTF, namely an average of 48 hours each week calculated over a 17 week reference period.- You wish to have the opportunity to provide the services during an excess period required from time to time, whether or not you choose to work for that time.- Pursuant to Regulation 5 WTD you accordingly agree that the limit specified in Regulation 4(1) WTD shall not apply to an assignment or the work you perform and this agreement shall have effect immediately.- The agreement set out in the above clause of this schedule applies to each assignment but you may, by giving written notice to us of not less than one month, terminate your agreement without otherwise affecting the operation of the terms of you employment.
Data Protection Statement Personal data is data which, by itself or with other data available to us, can be used to identify you. We are Mainstream Group Limited, the data controller. This data protection statement sets out how we will use your personal data. You can contact us at Mainstream House, Bonham Drive, Sittingbourne, Kent, ME10 3RY if we have any questions.
The types of personal data we collect and use
Whether or not you become a customer, we’ll use your personal data for the reasons set out below and if you do become a customer we’ll use it to manage the services that we provide to you. We’ll collect most of the data we will use as part of your initial dealings with us, which will include for example:
- if you enquire about or apply to attend one of our training courses, this enquiry/application could be for yourself or on behalf of someone else, such as an employees or colleague of yours;- if you enquire about or apply for a job vacancy advertised by our recruitment business;- if you enquire about or register with our temporary work agency;- if you enquire about or use the services of our haulage business;- if, you are an employer and enquire about or use the services of our training department,
our recruitment business or our temporary work agency.
If you use our services (either as a customer, employer, work seeker, worker or trainee) then we will also collect data both directly and indirectly during the course of providing services to you and during the course of our business relationship with you.
- Full name and personal details including contact information (e.g. home and business address and address history, email address, home, business and mobile telephone numbers).- Date of birth and or age, we might need this to confirm eligibility for certain courses, awards and work placements, for example training and jobs which use certain types of equipment, plant or vehicles might have age related legal requirements. Additionally, your age will impact on matters such as the national minimum wage rates applicable to you.- Financial details related to your pay; if you work via our temporary work agency then we will use data relating to your tax code, pay from previous employments (form P45) , your salary and pay rate and we might also be sent data relating to matters such as attachment of earnings and other financial information from for example, HMRC, the Court Service and former employers.- Records of our services you’ve applied for or used. For example, we will collect, use and store data about courses, training and work placements that you have attended with us.- Records of our relevant services and activities that you have undertaken before you engaged with us, for example this will include data you have provided to us about past training courses attended and past employments.
- If you have enquired about, applied to use or used our services using technology such as a computer or mobile telephone or similar devices we may collect data such as mobile phone location, IP address, MAC address.- If you have applied for trade credit with us; information from credit reference or fraud prevention agencies, electoral roll, court records of debt judgements and bankruptcies and other publicly available sources as well as information on any financial ass ociates you may have.- Information about your education, qualifications and employment history, this is required for example to ascertain eligibility for certain training courses, funded training and employment placement purposes.- Information provided by you that you have chosen to provide to us as part of an employment or work placement application, this could include for example references, employment history, work preferences, location, criminal record, information about your health and well-being, your sickness record, your activities outside of work, your hobbies, details of your family and dependents. The provision of this information is optional and will vary from person to person, the consequences of not providing certain information might be that we can’t do certain things for you.- Information gathered by us and/or provided to us by others (such as HMRC and end-user work placement clients, referees, former employers), this would include for example sickness, absence and holiday information, information relating to your pay and tax, replies to references, employment history, work preferences, work locations, your conduct at work, disciplinary and grievance matters and hours worked.- Information provided by the Disclosure and Barring Service (DBS). For certain work placements we are required to obtain a DBS check and we will use, process and store DBS information provide to us about you. You will always be aware if we need to obtain a DBS about you and you will be required to provide your consent.- Personal data about other named applicants. This would be for example where you make an application on behalf of somebody else to attend one of our courses, for instance an employee or a colleague. When you provide this information to us, you must have their authority to provide their personal data to us we and must share this data protection statement with them beforehand together with details of what you’ve agreed on their behalf.
Subject to applicable laws, we’ll monitor, store and may record any calls, emails, text messages, social media messages and other communications between us, which relate to the services we provide and to the dealings between us. We’ll do this for regulatory compliance, self-regulatory practices, crime prevention and detection, to protect the security of our communications systems and procedures, to check for obscene or profane content, for quality control and staff training, and when we need to see a record of what’s been said. We may also monitor activities relating to the dealings between us where necessary for these reasons and this is justified by our legitimate interests and/or our legal obligations.
This may be written, verbal or implied and will relate to all relevant services that we are providing to you. This will include, pre-contract activities relating to your enquiry to use or services and/or answering any questions you may have in relation to our services, which could include for example assisting you in deciding whether or not a service is appropriate or applicable to you and/or whether you are eligible to use that service. This will include the management and performance of the services to be provided to you under the contract as well as updating, maintaining, processing and storing records relating to the services provided and the activities between us. This may include, where you owe us monies, tracing your whereabouts and recovering debt. As necessary for our own legitimate interests or those of other persons and organisations. For good governance, accounting, and managing and auditing of our business operations; To search at credit reference agencies if you are over 18 and apply for credit; To monitor emails, calls, other communications, and activities between us; For market research, analysis and developing statistics; and To send you marketing communications that we believe are relevant to the services we provide to you and which we believe you will be interested in. As necessary to comply with a legal obligation. When you exercise your rights under data protection law and make requests; For compliance with legal and regulatory requirements and related disclosures; For establishment and defence of legal rights; For activities relating to the prevention, detection and investigation of crime; To verify your identity, make credit, fraud prevention and anti-money laundering checks;
To monitor emails, calls, other communications, and activities relating to the dealings
For example, where you askus to disclose your personal data to other people or organisations such as a prospective employer/engager. To send you marketing communications where we've asked for your consent to do so. You are free at any time to change your mind and withdraw your consent. The consequence might be that we can't do certain things for you.
Subject to applicable data protection law we may share your personal data with:
The Mainstream Group of companies and associated companies in which we have shareholdings; Sub-contractors and other persons who help us provide our services; for example, our payroll processers and third-party instructors; End-user employers/engagers with whom you might be placed with via our recruitment business and/or temporary work agency; Awarding bodies and other educational partners in relation to training services, this will include the Skills Funding Agency, other funding partners and colleges to whom we act as a sub-contactor, Ofsted and external examiners,
The legal basis and purposes under which we will l process your personal data are:- Necessity to the performance of our contract with you.
- This may be written, verbal or implied and will relate to all relevant services that we are providing to you.- This will include, pre-contract activities relating to your enquiry to use or services and/or answering any questions you may have in relation to our services, which could include for example assisting you in deciding whether or not a service is appropriate or applicable to you and/or whether you are eligible to use that service.- This will include the management and performance of the services to be provided to you under the contract as well as updating, maintaining, processing and storing records relating to the services provided and the activities between us.- This may include, where you owe us monies, tracing your whereabouts and recovering debt.- As necessary for our own legitimate interests or those of other persons and organisations.- For good governance, accounting, and managing and auditing of our business operations;- To search at credit reference agencies if you are over 18 and apply for credit;- To monitor emails, calls, other communications, and activities between us;- For market research, analysis and developing statistics; and- To send you marketing communications that we believe are relevant to the services we provide to you and which we believe you will be interested in.- As necessary to comply with a legal obligation .- When you exercise your rights under data protection law and make requests;- For compliance with legal and regulatory requirements and related disclosures;- For establishment and defence of legal rights;- For activities relating to the prevention, detection and investigation of crime;- To verify your identity, make credit, fraud prevention and anti-money laundering checks;
and- To monitor emails, calls, other communications, and activities relating to the dealings between us.- Based on your consent- For example, where you ask us to disclose your personal data to other people or organisations such as a prospective employer/engager.- To send you marketing communications where we’ve asked for your consent to do so.- You are free at any time to change your mind and withdraw your consent. The consequence might be that we can’t do certain things for you.
Subject to applicable data protection law we may share your personal data with:- The Mainstream Group of companies and associated companies in which we have shareholdings;- Sub-contractors and other persons who help us provide our services; for example, our payroll processers and third-party instructors;- End-user employers/engagers with whom you might be placed with via our recruitment business and/or temporary work agency;- Awarding bodies and other educational partners in relation to training services, this will include the Skills Funding Agency, other funding partners and colleges to whom we act as a sub-contactor, Ofsted and external examiners,- With our legal and other professional advisors, including our auditors;- Fraud prevention agencies, credit reference agencies, and debt collection agencies;- Government bodies such as the Skills Funding Agency and HMRC- Courts, to comply with legal requirements, and for the administration of justice;- To other parties with a legitimate interest in the dealings between us , for example where an employer has paid for you to attend a training course.- To appropriate interested third parties in the event that we seek to sell, merge or restructure our business. For example, this would include a potential purchaser of our business.- Payment systems (e.g. Visa or Mastercard), if you choose to pay for our services using third party credit or a credit or debit card.- To our bankers who provide sale finance facilities to us and will require information relating to sales made by us to you.
It may sometimes be necessary to transfer your personal data outside the UK and the European Economic Area. While some countries have adequate protections for personal data under applicable laws, in other countries steps will be necessary to ensure appropriate safeguards apply to it. These include imposing contractual obligations of adequacy or requiring the recipient to subscribe or be certified with an ‘international framework’ of protection.
Automated decision making involves processing your personal data without human intervention to evaluate your personal situation such as your economic position, personal preferences, interests or behaviour, for instance in relation to data such as training date anniversaries, certification expiry dates, feedback about training courses, licences and qualifications held, work patterns and location of workers respective to work vacancies and requirements.. We may do this to decide what marketing communications are suitable for you and to analyse statistics. All this activity is on the basis of our legitimate interests, to protect our business, and to develop and improve our services.
Marketing - we will hold your data for a period of 6 years with a review every 3 years, you will have the opportunity to opt out or update or delete data at any point should you need to do so and details are set out in this policy as to how to do that.
Contracted Services - we will hold your data for 7 years in line with our regulatory requirements.
What is a Subject Access Request? This is your right to request a copy of the information that we hold about you. If you would like a copy of some or all your personal information, please email or write to us at address at the bottom of this policy. We will respond to your request within one month of receipt of the request.
We want to make sure your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by emailing or writing to the address at the end of this policy.
Department - Mainstream Staff Supplied
Hours worked per week 8+
Minium starting salary / pay rate: Minimum wage, dependant on where and when worked.
Holiday allowance per year: 12.07%
Your right to objections to the processing of your personal dat a It is your right to lodge an objection to the processing of your personal data if you feel the “ground relatingtoyourparticularsituation”apply.
The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defence of a legal claims. If you wish to object to the processing of your data, please email or write to the address at the end of this policy
Your right to data portability
It is also your right to receive the personal data which you have given to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without delay from the current controller if: the processing is based on consent or on a contract, and the processing is carried out by automated means. If you wish to make a data portability request, please email or write to the address at the end of this policy.
Your right to be forgotten
You have the right to have personal data erased. This is also known as the ‘right to be forgotten’. This right is not absolute and only applies in certain circumstances. You have the right to have your personal data erased only if one of the following applies;
- We no longer need the data for the purpose for which we originally collected or processed it for;- Where we are relying solely on consent as our lawful basis for holding the data, and you have withdrawn your consent.- Where we are relying on legitimate interests as the basis for processing, and where we have no overriding legitimate interest to continue this processing;- Where we are processing your personal data for direct marketing purposes and you object to us doing so;- here we have processed the personal data unlawfully
Mainstream Group Limited, Mainstream House, Bonham Drive, Sittingbourne, Kent, ME10 3RY email@example.com
Click here to read Mainstream’s Data Processing Policy
This agreement is made between Mainstream Fleet Services Limited
Registered office Mainstream House, Bonham Drive, Sittingbourne, ME10 3RY
- We are an employment business as defined in the conduct regulations and are in the business of providing services to locate work for persons registered on our database of candidates and where work is found, providing arrangements for workers to provide services to our client through supply by us.- We wish to employ you on a permanent basis and you wish to be employed by us on the terms set out herein, which are made in compliance with Regulation 10 or the AWR.
Now is it agreed that in consideration of the mutual benefits we will employ you on the terms set out in the Terms & Conditions on the following pages, which, by signing this document, you accept and which you confirm you have read and fully understand.
Important note – please read this document as set out in the following pages carefully. It sets out the arrangements upon which you agree to work for us. If you sign the agreement you will have accepted the agreement and will be bound by it. It is important that you understand this agreement before accepting it. This contract supersedes any previous contract.
1.1. In these Terms the following definitions apply:
“Agency Worker” means [insert name here] - supplied by the Employment Business to provide services to the Hirer;
a) the relevant Assignment; orb) if, prior to the relevant Assignment:
i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and
ii. 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 the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);
means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;
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.Anyreference, 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.
2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. The contract between the parties starts on the first day of the First Assignment under these Terms however, no contract shall exist between the Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.
2.2. Duringan Assignment the Employment Business will engage the Agency Worker on a contract for services on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.
2.4. The Employment Business shall act as an employment business(asdefinedinSection13(3) of the Employment Agencies Act 1973 [or in the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended) when introducing or supplying the Agency Worker for Assignments with its Hirers.
3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.
3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:
3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and
3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker.
3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following:
For the purposes of the Conduct Regulations:3.3.1.the identity of the Hirer, and if applicable the nature of their business;
3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
3.3.3.the Type of Work, location and details of hours during which the Agency Worker would be required to work;
3.3.4.the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker;
3.3.5.any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks;
3.3.6.what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment; and
For the purposes of Section 1 of the Employment Rights Act:3.3.7.any other paid leave such as maternity, paternity or adoption leave;
3.3.8.the details of pension entitlements and pensions schemes; and
3.3.9. any other benefits
3.4. Where the Employment Business does not give such information in paper form or by electronic means, it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except where:
3.4.1.the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or
3.4.2.subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.
3.5. Where the provisions of clause 3.4 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.
3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the First Assignment.
3.7. If, before or during an Assignment or during the Relevant Period,theHirerwishestoEngage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
3.8. 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, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the AgencyWorker does accept an Assignment, then during every Assignment and afterwards where appropriate, s/he will:
4.1.1.co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
4.1.2.observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
4.1.3.take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
4.1.4.not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;
4.1.5.not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business's or the Hirer's staff;
4.1.6.not at any time tell or give to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’s employees, business affairs, transactions or finances;
4.1.7.on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.
4.2 If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business’s request, the Agency Worker undertakes to:
4.2.1.inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
4.2.2.provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken, and any other details requested by the Employment Business; and
4.2.3.inform the Employment Business if s/he has prior to the commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
188.8.131.52. completed two or more assignments with the Hirer;
184.108.40.206.completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
220.127.116.11. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4. If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
4.5. The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.
4.6. The Agency Worker acknowledges that any breach of his/her obligations set out in these Terms may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.
5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
5.2. Subject to clause 5.3, the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
5.3. Where the Agency Worker does not submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business will not pay the Agency Worker for hours not worked.
5.4. For the avoidance of doubt and for the purposes of the WTR, the Agency Worker’sworking time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the AWR.
6.1. For each Assignment the Employment Business shall pay to the Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.
6.2. If the Agency Worker has completed the Qualifying Period on the start of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker the Actual QP Rate of Pay which will be notified on a per Assignment basis and set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
6.3. The Hourly Rate, Actual Pay of Rate or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed Emoluments.
6.4. 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, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
6.5. Subject to compliance with Regulation 12 of the Conduct Regulations, the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.
7.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks.
7.2. The Agency Worker’s entitlement to payment for annual leave under clause 7.1 accrues in proportion to the amount of time worked by him/ her on Assignment during the Leave Year.
7.3. Under the AWR, on completion of the Qualifying Period the Agency Worker may been titled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the WTR and in accordance with clauses 7.1 and 7.2.
7.4. The Agency Worker must take all annual leave during the Leave Year in which it accrues and, except as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, the Agency Worker may not carry any annual leave forward to the next year. The Agency Worker is responsible for ensuring that they request and take all paid annual leave within the Leave Year.
7.5. If the Agency Worker wishes to take paid annual leave during an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of annual leave that s/he wishes to take. In certain circumstances, the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, the Employment Business may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances, the Employment Business will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
7.6. Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency Worker has worked on Assignment.
7.7. Subject to clause 7.3, during any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year.
7.8. Where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 7.3 (if applicable), that day shall count as part of the Agency Worker’s paid annual leave entitlement.
7.9. Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker. If following such deduction the Agency Worker owes further monies in respect of pay received for annual leave taken but not accrued at the time of Termination, the Agency Worker will repay such monies within 14 days of termination of these terms.
8.1. The Agency Worker may be eligible for statutory sick pay(SSP) provided that s/he meets the relevant statutory criteria.
8.2. The Agency Worker must give the Employment Business evidence of incapacity to work, which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
8.3. For the purposes of SSP thereis one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.
8.4. If the Agency Worker submits a statement of fitness for work (“ the Statement”)or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.
8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
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 the Employment Business and the Hirer. If the contract between the Employment Business and the Hirer is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Agency Worker (except 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 tell the Hirer or the Employment Businessthattheyare unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
9.4. If the Agency Worker is absent during an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above, the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.
9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 4 weeks, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.
The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her 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 the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.
11.1.In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;
11.1.2. to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
11.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.
The Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.
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.
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first-class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
These Terms are governed by the law of [England & Wales/Scotland/Northern Ireland] and are subject to the exclusive jurisdiction of the Courts of [England & Wales/Scotland/Northern Ireland].
The Mainstream Group – Group Personal Accident Policy
Summary of how the scheme works:
The scheme is non-contributory and is paid for by the company. If any employee suffers bodily injury as a result of an accident in the United Kingdom (this does not include illness or sickness), at any time, not just whilst at work; then the following benefits apply:
An accident is defined as a sudden violent external unforeseen and identifiable event, occurring within the United Kingdom.
This Group Personal Accident Policy (the Policy) is non-contractual and is provided by The Mainstream Group Limited (the Company) on an ex-gratia basis to its employees, it may be withdrawn by the Company at any time without compensation. All claims are subject to the underlying terms and conditions of the Policy is final and is not subject to appeal.
It is agreed by all employees participating in the Policy that the Company shall have no liability, arising for all and any reason whatsoever, to any party including the employee and their
dependants(s) arising as a result this Policy, including for example, if a benefit is not paid at all or is not paid to the quantum anticipated by the employee and/or their dependant(s).
The policy is with Aviva and any queries or claims should be notified via our HR Director Kevin Stephens on 01795 418100 or email to firstname.lastname@example.org.
Non Swedish Derogation Information
This is to advise of an impending change in Legislation which will in some cases benefit Agency workers on PAYE payrolls. Since 2011 all Staff employed by Mainstream Fleet Services have been registered and employed under a Swedish Derogation contract. This entails but is not limited to, Parity on certain Day 1 rights, such as:
Canteen facilities, Car park use, Rest room facilities and access to areas such as a Crèche, and if waiting lists apply then equal access tojoin them, and lastlyequal access toFull time vacancies ( but no guarantee of one).
In late 2010 prior to the Agency Worker Regulations going live in 2011, Sweden introduced a new piece of legislation that effectively gave an option to take Parity of pay away from the orig inal AWR Act. Companies obviously jumped at the chance to defend charge rates by ensuring virtually all Agencies changed to Swedish Derogation contracts of employment only. So, for the last 9 years Mainstreams PAYE workforce has been on the PBA Swedish Derogation contracts and not had the possible benefit of earning the rights to parity of pay.
The Government sponsored Taylor “Good Work report” identified that PBA Swedish Derogation clause 10 contracts did not effectively work to the benefit of Workers and as such has repealed the Act with effect from April 6th 2020.
What does this mean for you?
A worker has to accrue 12 weeks’ service with a Client (one day a week constitutes a week in this instance, for clarity Mainstream will use a pay week as the calculator model and not a fixed week) and accrual does not have to be continuous. There can be breaks of up to 6 weeks between accrual weeks and the clock will still continue. (there are other exceptions for longer term pauses on the clock, such as extended sickness, industrial action, shut downs, jury service and pregnancy). Once the 12 weeks is complete you will be entitled to:
The comparator is the day 1 starter rates of the workers employed on the same site as yourselves by the same Client, and, there has to be an Employed worker in the same role as you for the establishment of what parity may be. For example a site using you in a singular role/s would have no comparator, a site or area of a site using solely Agency staff with no full time workers would potentially have no comparators. Each situation will be judged on the legal guidelines and be led by discussions between the Agency and the Client.
Entitlements that are not gained through Parity:
As you can see this is a complex change in Legislation and Mainstream will be sending out further fact sheets in due course. In the shorter term the Contract you are currently employed on needs to be updated to allow for Clause 10 non Parity to be removed, in addition as this falls under “some other substantial reason” (SOSR) it is deemed as reasonably justified to change Contracts due to a change in legislation. By signing a new Contract, you retain total continuity of employment and all other static legal employment rights accrued too date.
As previously stated the changes come into force on the 6th April 2020 and accruals begin only from that point, no periods prior to this date of service will be considered. A point to note for the future is that accrual of service can be gained through more than one Agency and you should ensure that if you do work in a location for more than one Agency, you advise the new Agency at all times to ensure your entitlements are correctly judged and tracked.
Mainstream will track all workers to ensure the correct payments are made and during the course of the next month are hopeful that all parity rates will be visible. Until such time ra tes will remain in place as are, but in the event a Client decided to introduce an interim rate or Parity early, Mainstream will of course advise you in writing normally via the Notice of Assignment.
It is appreciated that this is a lot to take in but, for the most part it should for many (not all) beneficial to you, however between now and April 6th Mainstream urgently need the return of these new contracts, either by hand, e-mail or post. If you have any issues, please ensure you contact Mainstream and arrange for a chat or an appointment so that the proper time can be allocated to each case.