2. Commencement Date
This agreement will take effect upon the Employee commencing his/her first assignment on or after the date this agreement is signed.
3. Place of Work and Duties of employment
The Employee will not have a permanent place of work. The Employee will work at different temporary workplaces, which will usually comprise of the premises of the clients of Superb People, to which the Employee is assigned from time to time by Superb People.
The employee undertakes to travel inside and outside the United Kingdom as Superb People require in the performance of the Employee’s duties.
The employee will be required to attend each workplace in accordance with the requirements of Superb People and carry out such work as specified for that work assignment subject to the instructions of Superb People. For the avoidance of doubt, notwithstanding the fact that the employee may seek to accommodate the particular work requirements or other request of a client while attending a client’s premises the Employee shall at all times be subject to the control and instructions of Superb People. The employee will comply with all reasonable request and instructions given by Superb People on any matter concerning or relating to this contract employment. Without prejudice to the generality of the foregoing, Superb People may at any time instruct the Employee not to commence an assignment with a client, or require the Employee to cease working on a particular assignment or any part or aspect of any assignment, or transfer the Employee to another assignment or carry out such other work duties as Superb People may require from time to time. In the event of any conflict between any request made by a client, and any request or instruction given by Superb People, the request or instruction given by Superb People shall prevail.
The Employee will be obliged to accept any assignment which Superb People requires the Employee to carry out and which Superb People considers suitable for the Employee given the Employees kills, qualifications and experience.
Superb People will seek suitable work assignments for the Employee to carry out on a continuous basis in accordance with the Employee’s skills, qualifications and experience and Superb People will offer such work assignments to the Employee as and when such work assignments become available.
In any event Superb People undertakes that the Employee will be offered a minimum of 400 hours on paid assignment in any twelve month period commencing on the date this agreement takes effect (and for 12 month period thereafter) and at an hourly pay rate which is not less than the prevailing national minimum wage or national living wage as applicable.
In the event that the employee is working on a part time basis, that is working less than 37 ½ hours per week then the minimum hours undertaken to be offered during the said twelve month period will be reduced proportionately and which proportion will be calculated by taken the average weekly hours worked by the Employee in the preceding twelve months (based on the total hours worked in respect of each week the Employee has worked for Superb People during the said preceding twelve month period) divided by 37 ½ hours.
Superb People further undertakes at all times to promote the interest of the Employee generally and in particular shall use its best efforts to promote the Employee to its clients to maximise the Employee’s assignment opportunities subject to the Employee’s skill, qualifications and experience.
The Employee agrees that he or she will work exclusively for Superb People and will not unless otherwise agreed by Superb People work for any other employer while the Employee is employed by Superb People.
The Employee undertakes as soon as possible prior to the commencement of an assignment to inform Superb People of any occasions in which he or she has worked in the same or similar role with a client via any third party which he or she believes may count towards the qualifying period under the Agency Workers Regulations 2010 (the “Regulations”) for equal treatment under regulations 5 in respect of basic working and employment conditions (excluding pay) and to provide Superb People with any further information in this regard as Superb People may reasonably request.
For the purposes of the Conduct of Employment Business and Employment Agencies Regulations 2003 (as amended) Superb People shall be acting as an Employment Business in relation to the Employee.
4. Pay
Superb People will pay the Employee weekly in arrears by credit transfer to the Employee’s bank account or by such method as may be agreed by the parties. The Employee will be paid an hourly rate which may vary according to the individual client assignment and (subject to any deductions agreed with the Employee) will not be less than the relevant National Living Wage rate prevailing at the time of the assignment. The total pay received by the Employee will be calculated according to the total number of hours worked by the Employee on assignment. Deductions will be made at source for tax and National Insurance.
The Employee authorises Superb People to deduct from any salary or payment to the Employee any sums properly due to Superb People, including the repayment of any loans, advances, excess holiday pay, overpayment of salary or others benefits.
5. Hours of Employment
The Employee will be required to work such working hour and for such periods as are specified by Superb People and as are applicable to each client assignment. Accordingly there will be no standard or normal working hours applicable in this contract of employment. The hours applicable to each assignment shall be explained to the Employee before the commencement of each assignment.
6. Paid Annual Leave
The Employee will be entitled to a maximum of 28 days’ paid annual leave in each complete holiday year. Superb People’s holiday year begins on the Monday immediately following the last Friday in September and ends the last Friday in September. All paid annual leave must be taken during the leave year in which it was accrued and may not be carried over. Entitlement to paid annual leave accrues in proportion to the amount of time worked by the Employee.
Payment for paid annual leave will be calculated by reference to the Employee’s average pay over the most recent twelve weeks.
Paid annual leave must be taken at such times as are agreed by Superb People. The employee is required to give no less than one week’s notice of intention to take paid annual leave. Superb People may instruct the Employee to take paid annual leave at any time including public holidays. The Employee and Superb People agree that these arrangements for the entitlement to and taking of paid annual leave constitute a relevant agreement for the purpose of regulation 15 of the Working Time Regulations 1998.
The Employee may under the Agency Workers Regulations 2010 become entitled to additional days of annual leave. Any such entitlement will be notified separately.
7. Absence from work
In the event of absence on account of sickness or injury the Employee must inform Superb People of the reason for the Employee’s absence as soon as possible.
The Employee in respect of any period of absence should be entitled to Statutory Sick Pay subject to qualification in accordance with the rules of the scheme and to the Employee submitting appropriate medical certificates and self-certification. A company sick pay scheme is not currently available to the Employee.
In the event the Employee wishes to be absent from or not be available for work for any other reason then he/she must obtain authorisation from Superb People.
The Employee acknowledges and agrees that if he/she is absent from or not available for work for a period of 4 weeks or more without authorisation from Superb People then Superb People will be entitled to regard the Employee as having resigned from his/her employment with Superb People and a form P45 may be processed and issued to the Employee.
8. Pension
A contracting-out certificate is not in force in respect of this employment.
9. Collective Agreements
There are no collective agreements that directly affect the terms and conditions of this Employment.
10. Disciplinary Rules and Procedures
The disciplinary procedures do not form part of this contract of employment or otherwise have contractual effect. “If the Employee is dissatisfied with any disciplinary decision the Employee may appeal this. Guidance on whom the appeal should be directed to will be confirmed in writing following any decision being made.” If the Employee is accused of gross misconduct the Employee may be suspended pending the outcome of any investigation. During any period of suspension Superb People’s obligation under this agreement to seek work for the Employee shall not apply and the Employee shall not be entitled to any payment.
11. Grievance Procedures
The Employee should refer any grievance related to the employment to Superb People from whom full details of the grievance procedure may be obtained
12. Confidentiality and Intellectual Property
The Employee shall not at any time during this employment or any time after the employment has terminated disclose to any person, company or third party any confidential information obtained by the Employee during this employment. For the purposes of this agreement, Confidential Information means information relating to Superb People or any client of Superb People in connection with research and developments, formulae, methods of treatment, processing, manufacture or production, suppliers, customers, costings, profit margins, discounts, rebates and other financial information, marketing strategies and tactics, production or design secrets, technical specifications or design, or any other confidential information as to the practice, business dealings or affairs of Superb People or its clients. The Employee may be required to sign confidentiality agreements specific to particular clients.
Any Intellectual Property which is created by the Employee during or in the course of the Employee’s employment or relating to, resulting from or suggested by any work the Employee does for a client during the Employee’s employment will be remain the Property of Superb People.
The Employee agrees to assign to Superb People any intellectual property that does not automatically vest in Superb People.
Intellectual Property shall include all patents, patent applications, utility models, trademarks, service marks, trade names, domain names, registered or unregistered design rights, copyright or other similar industrial, intellectual or commercial rights.
13. Continuity of Employment
In accordance with clause 3 above the Employee will be obliged to accept any assignment which Superb People requires the Employee to carry out and which Superb People considers suitable for the Employee given the Employee’s skill, qualifications and experience. Furthermore as provided for in clause 3 above Superb People undertakes to seek suitable work assignments for the Employee to carry out on a continuous basis in accordance with the Employee’s skill, qualifications and experience. Superb People also undertakes to offer the Employee a minimum of 400 hours on paid assignment (or proportionately less if the Employee works part time) upon the terms referred to in clause 3 of this agreement. Notwithstanding this the Employee recognises that there may be periods when no work is available upon which events the Employee acknowledges and agrees that during such periods no remuneration will be due to the Employee under this agreement. In respect of such periods where work is not available the Employee will continue to accrue continuity of employment and for the avoidance of doubt such periods will count towards any qualifying service period required for statutory employment rights arising for the benefit of the Employee including for example a right to claim statutory redundancy payments.
14. Termination of Employment
The Employee’s employment may be terminated:
· By the Employee on giving Superb People not less than two weeks’ written notice of registration from employment.
· By Superb People without notice or payment in lieu of notice during the Employee’s first month of employment or in the event of serious or persistent misconduct by the employee.
· By Superb People on giving to the Employee notice as follows:
- After one month and up to two complete years of continuous employment not less than two weeks’ notice.
-During the second to twelfth years of continuous employment one week’s notice for each complete year of service plus one additional week.
-After twelve years’ continuous employment not less than thirteen weeks’ notice.
In the event of notice being served the Employee will be paid remuneration at the rate at which the Employee is being paid in accordance with the particular assignment the Employee is working during the period of notice or part thereof. The Employee is not entitled to payment during any period of notice during which the Employee is not working on assignment to a client.
15. Employee’s Conduct on Assignment
The employee while on assignment at a client’s premises will conduct himself/herself in a proper and workmanlike manner. The Employee will further conduct themselves in an ethical and honest manner in carrying out their work and will not at any time make adverse comment in respect of either Client or Superb People. The Employee will endeavour to keep confidential any matter which may come to his or her attention while on assignment though in the event the Employee becomes aware of information which may cause damage or financial loss to Superb People then the Employee should endeavour to inform Superb People promptly. In particular if the Employee becomes aware of any information to the effect that the client is in financial difficulties or is insolvent or has had a Receiver or other similar persons appointed then the Employee should endeavour to make Superb People aware of such circumstances (for the avoidance of doubt the Employee will be entitled to payment from Superb People in respect of hours worked irrespective of whether Super People has received payment from its client).
16. Miscellaneous
This document constitutes the entire agreement between the parties and supersedes all other agreements or arrangements, written or oral. Express or implied, between the parties.
This agreement shall be governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England and Wales over any claim or matter arising under or in connection with this agreement.
It is agreed that the apportionment provisions and any other provisions of the Apportionment Act 1870 will not apply to this Agreement. Superb People confirms that it will act as an employment business in respect of the Employee’s assignment to its clients.
Please sign both copies of this Agreement as acknowledgement of you understanding and acceptance of these terms and conditions of employment: