1. DEFINITIONS AND GENERAL
1.1 In these terms and conditions:
1.1.1 ‘Assignment’ means the healthcare services performed by
You for a Client for a period of time during which You are
supplied by Us. 1.1.2 ‘AWR’ means the Agency Workers
Regulations 2010 as amended and any succeeding legislation.
1.1.3 ‘Booking Confirmation’ means written confirmation of
the detail of a particular Assignment to be given to You on
acceptance of that Assignment.
1.1.4 ‘Client’ means a person, firm, partnership, company or
Group company (as the case may be) to whom You provide
services when Engaged by Us.
1.1.5 ‘Conduct Regulations’ means the Conduct of
Employment Agencies and Employment Business Regulations
2003 (SI 2003/3319).
1.1.6 ‘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, staff, products, affairs and finances of the Client or
any Group Company and Ourselves (or any of Our Group
Companies) for the time being confidential to the Client or
Ourselves or any information that You may have acquired
during or in connection with an Assignment or other
assignments (whether performed by You or not) including any
of the Client’s procedures or the identity, medical condition,
treatment or other personal details of any patient and trade
secrets including but not limited to, without limitation,
technical data and know-how relating to the business of the
Client or Ourselves or of Our or their suppliers, customers,
agents, distributors, shareholders, management or business
contacts and including but not limited to Personal Data,
information, documents and other materials that You create,
develop, receive or obtain during or in connection with the
Assignment, whether or not such information (if in anything
other than oral form) is marked confidential.
1.1.7 ‘Data Protection Laws’ means (i) the UK Data Protection
Act 2018; (ii) the General Data Protection Regulation (GDPR) as
revised and superseded from time to time; (iii) Directive
2002/58/EC as updated by Directive 2009/136/ EC (privacy
Directive); and (iv) any other laws and regulations (including
any successor legislation) relating to the processing of Personal
Data and privacy which apply to a party.
1.1.8 ‘Engage’ means to book or use Your services for the
purpose of the Assignment and ‘Engagement’ shall have a
related meaning.
1.1.9 ‘Group Company’ means (a) any individual, company,
partnership, statutory body or other entity which from time to
time controls the Client, including (but not limited to) as a
holding company as defined in section 1159 of the Companies
Act 2006; and (b) any company, partnership, statutory body or
other entity which from time to time is controlled by or is under
common control with the Client, including (but not limited to)
as a subsidiary or holding company as defined in section 1159
of the Companies Act 2006.
1.1.10‘Key Information Document’ means the document
setting out important information that We are required to give
You by Regulation 13 A of the Conduct Regulations.
1.1.11‘the parties’ means You and Us, collectively.
1.1.12‘Personal Data’ means as defined under the Data
Protection Laws in force at the time.
1.1.13‘Qualifying Period’ means 12 continuous calendar weeks
as defined in AWR.
1.1.14‘You’ means a work seeker to be supplied by Us to Our
Clients and ‘Your’ has a related meaning.
1.1.15‘We’, ‘Us’, ‘Ourselves’ or similar words mean Pulse
Healthcare Limited
1.2 These terms and conditions and the Booking
Confirmation set out the entire agreement between the
Parties and shall govern all Assignments You undertake. In
the event of conflict with any other document, these terms
and conditions shall prevail. No contract shall exist between
the Parties between Assignments. This agreement is a
contract for services and not a contract of employment
between the Parties or between You and the Client. You have
the status of worker and this means that You may not
have the same terms and conditions, protections, or
obligations as someone who works as an employee.
There is no collective agreement which directly affects
Your engagement as a Worker.
1.3 If You accept an Assignment that We offer You, You
shall be deemed to have accepted these terms and
conditions whether or not You have signed the declaration
at the bottom hereof. Your Assignment shall commence on the
date specified in the Booking Confirmation. No probationary
period applies to Your Assignment.
1.4 For the purposes of the Conduct Regulations, in
Our dealings with You We will operate as an employment
business
1.5 The headings contained herein are included
for convenience only and shall not affect the interpretation
of the contents hereof in any way.
1.6 No variation or alteration to these terms and
conditions shall be valid unless approved by one of Our
directors, in writing and agreed by You.
1.7 These terms and conditions are governed by the laws
of England and Wales and are subject to the exclusive
jurisdiction of the courts of those territories.
1.8 Any unenforceable or invalid term herein shall be
deemed severed from the valid provisions which will remain in
full force and effect.
1.9 These terms and conditions (together with any
Booking Confirmation) shall prevail over any other terms and
conditions You may proffer. In the event that these terms and
conditions conflict with the Booking Confirmation, these
terms and conditions shall prevail.
1.10 Each party acknowledges that in entering into the
terms and conditions it does not rely on, and shall have no
remedies in respect of any statement, representation,
assurance or warranty (whether made innocently or
negligently) that is not set out in these terms and conditions.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based
on any statement in the terms and conditions.
2. OUR OBLIGATIONS TO YOU
2.1 We will seek Assignments for You of the type of work You
have told Us that You wish to do and We shall confirm the
details of such work, including location in the Booking
Confirmation. We shall determine, in Our sole and absolute
discretion, Your suitability for any Assignment. We make no
representation to You, however, that We will find a suitable
position for You and You appreciate that there may be no work
available for You. We are not obliged to offer You work and We
shall incur no liability to You for not doing so. You will not be
required to work outside the UK. Details of any training that may be required in relation to an Assignment will be notified as
part of Our pre-employment screening and will vary depending
upon the work You are engaged to undertake; information
regarding training requirements is found on Our website in the
online registration section.
2.2 You will be paid weekly in arrears directly into Your bank
account. If We receive Your timesheet late, incomplete or
unsigned, payment may be delayed. We shall be entitled to
deduct any sums due to Us from the payment.
2.3 We will pay You for the hours You work irrespective of
whether or not We recover any payment from Our Client for
Your work. Your pay is subject to those deductions for PAYE
Income Tax, National Insurance contributions and any other
amounts that We are required by law to make. We are not liable
for payment if You book Yourself onto an Assignment without
reference to Us.
2.4 You will be paid at the rate of pay We will agree with You
for the Assignment and always at least the minimum amount
stated in the Key Information Document that You acknowledge
that You have received. Pay rates also include a payment in
respect of accrued holiday pay. The actual rate You will receive
for any Assignment together with the exact proportion of actual
pay versus holiday pay comprising the pay rate will be
confirmed in writing to You in a Booking Confirmation upon
offer of Assignment if it has not previously been provided to
You. If You complete the Qualifying Period, You may be entitled
to enhanced rates and/or benefits under the AWR. You may be
eligible for statutory sick pay (SSP); particulars are available in
the Agency Worker Handbook. There are no benefits applicable
to Your engagement.
2.5 The details of the Assignment that are confirmed to You may
thereafter be changed only if the change is recorded in writing
and signed by one of Our directors.
2.6 Subject to clause 2.7, We are not responsible for any
personal injury or damage You may suffer (i) whilst on the
premises or property of the Client; (ii) whilst acting on the
Client’s instructions or under its control or supervision, or (iii)
whilst travelling to or from the property or premises of the
Client.
2.7 Our liability to You for any losses arising from Our (or Our
employees’, subcontractors’ or agents’) breach of this
agreement or of any statutory provision, negligence,
misconduct or otherwise is limited to (i) the fees that are
payable to You for the Assignment in respect of which Our
liability to You arose; and (ii) direct losses only. You agree to
use Your reasonable endeavours to mitigate any loss or
damage suffered arising out of or in connection with the
Assignment. Our liability for death or personal injury arising
from Our negligence and Our liability for Our fraud or
fraudulent misrepresentation is not limited or excluded.
3. YOUR OBLIGATIONS TO US AND TO THE CLIENT
3.1 You are not obliged to accept any Assignment that We offer
You, but if You do so then You agree to do so in accordance with
the requirements of these terms and conditions. You agree to
perform any Assignment with reasonable care and skill.
3.2 By accepting an Assignment, You agree that You are willing
to work in the position our Client seeks to fill by that
Assignment and You warrant to Us that You have the
qualifications and skills required to do so.
3.3 You will not approach the Client with any complaint or
inquiry about Your remuneration without first approaching Us
and allowing Us 30 days to respond thereto. We will then
approach the Client on Your behalf.
3.4 You are obliged to attend and complete Your Assignment
whether or not You receive a written Booking Confirmation
from Us.
3.5 If You are offered an Assignment and You have previously
worked in the same or similar role with the Client through a
third party after 1 October 2011 then You must inform Us
immediately You become aware of this and, if possible, before
the Assignment starts. You must provide Us with full details of
the work undertaken.
3.6 You must immediately inform Us if, since 1 October 2011,
whether before any Assignment with a Client starts and/or
during that Assignment, You have either (i) completed 2 or
more Assignments with that Client; (ii) completed an
Assignment with the Client and another Assignment with one
of the Group Companies of that Client; and/or (iii) worked in
more than 2 roles during an Assignment with that Client and on
at least 2 occasions that role was not the same role as the
previous role.
3.7 If You consider that You have not or may not have received
equal treatment under the AWR, You may raise this in writing
with Us setting out as fully as possible the basis of Your
concerns.
3.8 You must inform Us if the reason for Your not working
during any break between Assignments is due to one or a
combination of any of the following reasons: sickness or injury;
pregnancy, childbirth or maternity; for the purpose of taking
time off or leave, whether statutory or contractual, to which
You are otherwise entitled; due to Your being summoned for
jury service; due to seasonal reduction in requirements for
workers according to the Client’s established custom and
practice; or due to industrial action at the Client’s workplace.
3.9 If the Client requires You to work longer than the hours that
are usual for their organisation in any given week, or in any
event more than 37 hours in any given week You must notify Us
as soon as reasonably practicable and in any event before the
37 hours of work are completed.
3.10 You shall co-operate with Us in the completion and
renewal of all mandatory checks, including any in relation to
Your right to work in the United Kingdom.
3.11 You shall inform Us immediately if You become aware of
any reason why You may not be suitable for any Assignment or
if You have any reason to believe it may be detrimental to Your
interest or Our Client’s interest for You to undertake any
Assignment.
3.12 You warrant that You shall comply with the Data
Protection Laws.
3.13 You shall indemnify Us and keep Us indemnified against
any losses, liabilities, damages, costs, expenses, fines, penalties
or interest whether direct, indirect, special or consequential
(including, without limitation, any economic loss or other loss
of profits, business or goodwill, management time and
reasonable legal fees) and charges suffered or incurred by Us
by reason of any proceedings, claims or demands by You, the
Client or any third party arising out of any non-compliance
with, and/or as a result of, any breach of this agreement,
including any negligent or reckless act, omission or default in
the provision of the services or the Performing of any
Assignment; or any breach of the Data Protection Laws by You.
4. PERFORMANCE OF THE ASSIGNMENT
4.1 You shall commence the Assignment punctually and
conform to the normal work hours of the Client unless We have
expressly agreed otherwise with You and We have recorded
Our agreement in writing. There are no normal hours of work;
Your hours will depend upon the particular Assignment.
However You will be notified Your hours, normally in the
Booking Confirmation.
4.2 You will co-operate with the Client’s staff and accept the
supervision, control and instruction of any responsible person
within their organisation.
4.3 You will observe the health and safety policies of the Client
and take all reasonable steps to safeguard Your own safety and
the safety of any other person who may be present or affected
by Your actions.
4.4 You will comply with any data protection policy of any Client
when handling Personal Data including Personal Data relating
to any employee, worker, contractor, customer, Client, patient,
supplier or agent of Ours or a Group Company or a Client.
4.4 You will not smoke on the Client’s premises except where it
is expressly permitted to do so.
4.5 You will wear any form of identification that We or the
Client require and display this on Your clothing at all times
when You are on the Client’s premises.
4.6 Whilst carrying out Your Assignment, You will adhere to the
terms of any generally accepted Codes of Professional Conduct
that apply to Your profession such as in the administration of
drugs and sterile techniques and, in particular, where relevant
shall have regard to the guidance contained in the General
Medical Council’s publication ‘Good Medical Practice’ or codes
of conduct for the NMC and HCPC relating to the conduct of
practitioners.
4.7 You will not engage in any conduct detrimental to Our
interests or to the interests of the Client or make any
disparaging statements about Us or the Client.
5. LIABILITY AND INSURANCE
5.1 Subject to 5.2 below, You are strongly recommended to take
out public liability and professional indemnity insurance
policies with reputable insurers to cover Your liabilities that
may arise under or in connection with this agreement. This does
not apply to healthcare assistants or care and support workers.
5.2 If You are a surgeon, physician, doctor, dentist, nurse or
midwife or other Allied Healthcare professions (including Social
Workers) then You must (at Your own expense) belong to and
subscribe to and be insured by the Medical Defence Union or
Medical Protection Society or other equivalent organisation (in
the case of a surgeon, physician, doctor or dentist) or the Royal
College of Nursing or other equivalent organisation (in the case
of a nurse) or the Royal College of Midwives or other equivalent
organisation (in the case of a midwife) or other similar
insurance scheme and that the insurance scheme covers all
Your liabilities which may arise under or in connection with this
agreement. In the event that You do not have such insurance
cover You must inform Us immediately.
5.3 The insurance cover referred to in clauses 5.1 and 5.2 shall
not be less than £3 million (or £10 million in the case of
doctors), unless We have agreed, in writing, that cover of a
lesser amount is adequate in the circumstances.
5.4 You shall on request supply to Us the insurance certificate
giving details of cover and/or evidence that the relevant
premiums have been paid.
5.5 You shall comply with all terms and conditions of the
insurance policies at all times. If cover under the insurance
policies shall lapse or not be renewed or be changed in any
material way or if You are aware of any reason why the cover
under the insurance policies may lapse or not be renewed or
be changed in any material way, You shall notify Us without
delay.
5.6 You shall indemnify and keep indemnified Us against any
loss, liability, costs (including legal costs), damages or
expenses that We may incur arising directly or indirectly from
(i) any failure by You to comply with Your obligations under
this agreement; (ii) any negligent or fraudulent act or omission
by You; (iii) disclosure by You of any Confidential Information;
(iv) any employment related claim brought by You in
connection with the Assignment.
6. CONFIDENTIALITY AND INTELLECTUAL
PROPERTY
6.1 You acknowledge that in the course of the Assignment,
You will have access to Confidential Information. You agree
that You will not (except in the proper course of Your duties),
either during the Assignment or at any time after termination,
use or disclose to any third party (and shall use Your best
endeavours to prevent the publication and disclosure of) any
Confidential Information. This restriction does not apply to
(a) any use or disclosure authorised by the Client or required
by law, a court of competent jurisdiction or any governmental
or regulatory authority; and (b) any information which is
already in, or comes into, the public domain otherwise than
Your unauthorised disclosure.
6.2 Neither party shall use the other party's Confidential
Information for any purpose other than to perform its
obligations under this agreement.
6.3 You will deliver up to the Client at the end of each
Assignment all documents, ID cards, swipe cards, equipment,
passwords, passcodes and other materials belonging to the
Client (and all copies), which are in Your possession.
6.4 The Client shall be the sole owner of any work product,
including any intellectual property rights thereto, created
during the Assignment, and You hereby assign to the Client
(where appropriate, by way of assignment of future copyright)
or (in any other case) agree to assign to the Client absolutely
on demand, with full title guarantee and for no further
consideration, all intellectual property rights in respect of such
work product, and do all acts necessary to confirm that all
intellectual property rights in the work has passed or will pass
to the Client. Further, You agree to waive all moral rights in
respect of Your work product.
7. REQUIRED PERIOD OF NOTICE
7.1 In the event that You do not wish to complete the Assignment, You will
give notice to Us as follows:
| LENGTH OF ASSIGNMENT |
REQUIRED NOTICE PERIOD |
| up to 6 days |
not less than 24 hours |
| 1-4 weeks |
2 clear working days |
| More than 4 weeks but not less than 3 months |
5 clear working days |
| 3-6 months |
10 clear working days |
| More than 6 months |
14 clear working days |
7.2 In the event that You become aware that You are, due to an
unforeseen event beyond Your control, unable to attend Your
Assignment You will inform Us at the earliest possible
opportunity and at least one hour before commencement of
the Assignment or shift. In all other circumstances, You are
required to work out Your Assignment until Your notice period
is completed.
7.3 If You leave an Assignment without giving the required
notice to Us We will hold You liable for any losses We or the
Client may suffer as a result.
7.4 Nothing in this clause shall affect Your status as an agency
worker.
8. INFORMATION WE REQUIRE FROM YOU
8.1 You are required to produce evidence of Your eligibility to
work within the United Kingdom. In the event that Your
circumstances change in any manner that might affect Your
continued eligibility to work in this country, You will
immediately inform Us of the change.
8.2 You must furnish Us with proof of Your identity as well as
evidence of Your experience, training and qualifications. Where
the Assignment involves working with any Vulnerable Persons,
You shall provide Us with copies of any relevant qualifications
or authorisations including an up-to-date Disclosure and
Barring Service certificate and two references which are from
persons who are not related to You. We may request additional
information from You and/or from any professional body to
which You belong to determine Your suitability for an
Assignment. You agree that We may share this information with
the Client. You agree that We may share this information and
any sensitive Personal Data We hold about You with the Client, with any Group Company of Ours or of the Client, those who provide products or services to Us (such as advisers), regulatory authorities, governmental or quasi-governmental organisations
and potential purchasers of Us or of Our Group Companies or
any part of Our business.
9. MISCONDUCT AND TERMINATION
9.1 You will immediately inform Us of any investigation
concerning Your acts or omissions, any event that has resulted
in disciplinary action being taken against You, any allegations of
misconduct or poor performance, or Your suspension or
dismissal from any position in which You were working in Your
professional capacity as a result of Your alleged misconduct or
poor performance. You will do this irrespective of whether or
not You consider the allegations to have any foundation or
substance.
9.2 We may, without incurring any liability to You, alter or
cancel Your Assignment at any time without notice.
9.3 Further, We may terminate this agreement immediately at
any time and without notice or liability.
9.4 In the event of any misconduct or performance issues, the
applicable procedure is set out in the Agency Worker
Handbook. If You are unhappy with any aspect of Your work or
are dissatisfied with any decision made in relation to this
Agreement, the applicable procedure is set out in the Agency
Worker Handbook.
10. EXPENSES
10.1 Unless We agree otherwise and record that exceptional
agreement in writing, You are responsible for the cost of Your
own travel, meals, telephone calls, accommodation and any
other business expenses. You must settle any amounts that You
owe the Client before You complete Your Assignment.
10.2 We will only reimburse expenses if We have agreed to do
so in writing and when the expenses have been incurred wholly,
necessarily and exclusively in order to perform Your
Assignment.
10.3 Any payment We may make to You in respect of an
expense claim that You present to Us will be made on the
understanding that such amounts are paid as an advance only
and that if subsequently the expense claim is not paid by the
Client for any reason We may reclaim these amounts from You.
10.4 All expense payments will be taxed at source in line with
HMRC guidelines.