Terms of Placement

Accountability Recruitment LTD acts as an Employment Agency with regards to Permanent Recruitment and as an Employment Business with regards to Temporary Recruitment.

By showing your Acceptance of these terms, you are agreeing to one or both of the following Terms of Engagement.

Terms of Engagement for Permanent Workers is followed by Terms of Engagement for Temporary Workers.

TERMS OF ENGAGEMENT FOR PERMANENT WORKERS ('Terms')
(Contract for Services - individuals)

1. DEFINITIONS

1.1 In these Terms of the following definitions apply:-

'Act means Employment Agencies Act 1973 and all regulations made under that Act from time to time;

'Permanent Placement' means the permanent placement of a Permanent Worker as supplied in order to render services to the Client of the nt of the Assignment or shift.

8.3 If at any time the Temporary Worker becomes aware of any reason why he or she may not be suitable for an Assignment he or she shall notify the Employment Business without delay.

8.4 The Temporary Worker accept any Assignment offered by the Employment Business.

3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to take Assignments of the type shown overleaf.

3.3 For the purpose of calculating the awarrants to the Employment Business that all information given to the Employment Business in relation to the Temporary Worker and his or her qualifications, skills, experience and any other matters requested was when given, and will throughout the Askind identified under 'type of work' on page 1;

'Client' means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 contracting to hire the services of the Permanent Worker verage number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Temporary Worker commences the first Assignment.

3from the Employment Agency;

'DP Act' means the Data Protection Act 1998 (and the Data Protection Act 1984 where applicable).

'Employment Agency' means the Employment Agency - Accountability or Accountability Recruitment or Accountability.4 The Temporary Worker shall be required to work such hours as he is advised prior to accepting each Assignment.

3.5 At the time of offer of an Assignment to the Temporary Worker the Employment Business shall provide to the Temporary Worker th Recruitment Ltd with a Company registration number of SC297030 which operates as an Employment Agency in relation to the Permanent Worker;

'Personal Data' means such data as defined in section 1(1) of the DP Act (and the Data Protection Act 1signment remain, true, accurate, complete and not misleading.

9. TERMINATION

9.1 The Employment Business or the Client may, without prior notice or liability, terminate the Temporary Worker's Assignment at any time.

9.2 The Temporare information required by the Regulations to be provided. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day after being given unless the Assignment is a984 where applicable);

'Regulations' means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

'Sensitive Personal Data' means such data as defined in section 2 of the DP Act (and the Data Protection Act 1984 why Worker may terminate an Assignment at any time by giving to the Employment Business notice in writing of 5 working days notice.

9.3 If the Temporary Worker does not inform the Client and the Employment Business that he or she will be unableere applicable);

'Permanent Worker' means the Permanent Worker whose name and address is stated on page 1.

1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine i to attend work during the course of an Assignment this will be treated as immediate termination of the Assignment by the Temporary Worker.

9.4 If the Temporary Worker is absent during the course of an Assignment and this contract has not been repeat Assignment in the same position as a prior Assignment during the previous five business days.

3.6 If before the first Assignment, during the course of an Assignment or within the longer of (1) 14 weeks from the first day on which the Temporary Worker worked for the Client and (2) 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client, the client engages the Temporary Worker direct or through another employment business, the Tempornclude the feminine and vice versa. The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These Terms constitute a contract for services between the Employment Ag otherwise terminated the Employment Business will be entitled to terminate this contract in accordance with clause 9.1 if the work to which the Temporary Worker was assigned is no longer available for the Temporary Worker.

9.5 If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of thirteen weeks following the end of the last Assignment, the Employment Business will have his P45 forwarded to his last known address by NM.

10 CONFIDENTIALITY AND DATA PROTECTION

10.1 The Temporary Worker consents to the Employment Business keeping, processing and accessing such records and Personal Data including Sensitive Personal Data provided by the Temporary Worker to the Empency and the Permanent Worker and they govern all Placements undertaken by the Permanent Worker. However, no contract shall exist between the Employment Agency and the Permanent Worker between Placements.

2.2 For the avoidance of doubt, these loyment Business and to the content of such records and data being made available to NM for the purposes referred to in clause 4 and being disclosed to third parties (including the Client) for the purposes permitted or required by the DP Act or as reary Worker acknowledges that the Employment Business will be entitled either to charge an introduction or transfer fee or to agree an extension of the hiring period with the Client. At the end of such period the Temporary Worker may be engaged direTerms shall not give rise to a contract of employment between the Employment Agency and/or its agents and the Permanent Worker. Any Placement Contract is strictly between the Permanent Worker and the Client which shall be received upon successful plquired by law.

10.2 Where the Client employs an electronic (including biometric) clocking in and/or door entry system to facilitate its time recording and/or payroll and other access procedures such system may be provided, operated and/or contrctly by the Client or through another employment business without further charge to the Client. The Employment Business may also charge a fee to the Client where the Client introduces the Temporary Worker to a third party who then engages the Temporary Worker within the longer of the periods stated above.

4. REMUNERATION

4.1 The Temporary Worker shall be paid remuneration for all hours worked calculated at a minimum hourly rate of £6. The actual rate will be notified on a pacement.

2.3 No variation or alteration of these Terms shall be valid unless set out in writing and approved by the Employment Agency and the Permanent Worker and a copy given to the Permanent Worker within 5 working days of the date of such approval. The written variation shall state the date from which the varied term shall apply.

2.4 For the purposes of the Act the Employment Agency is an employment agency which provides a work-finding service and so is prohibited under the Actolled by NM for the purposes of providing the payroll services as detailed in clause 4.

10.4 For the purposes of the DP Act the Temporary Worker gives his/her consent to the holding, processing and accessing of Personal Data including Sensitiveer Assignment basis for each hour worked during an Assignment (to the nearest quarter hour) to be paid weekly in arrears, subject to deductions in respect of PAYE (under Sections 44-47 of the Income Tax (Earnings and Pensions Act 2003) and Class 1 Na from charging the Permanent Worker a fee. In so far as the Employment Agency provides goods or other services they are described and payable as stated on page 1 and if none is stated then no goods or other services are provided by the Employment Ag Personal Data provided by the Temporary Worker to the Employment Business or the Hirer and the transfer to and processing of such Personal Data by NM.

11. LAW

11.1 These Terms are governed by the law of England & Wales and are subjecency for which a fee is charged.

3. PLACEMENTS

3.1 The Employment Agency will endeavour to obtain suitable Placements for the Permanent Worker for the type of work shown on page 1. The Permanent Worker is not obliged to accept any Placemetional Insurance Contributions and any other deductions which may be required by law to be made (the 'Deductions'). The Temporary Worker shall be paid the remuneration due whether or not the Client in respect of the Assignment has made payment for such work.

4.2 The payment of the remuneration, administration of the Deductions and maintenance of all paperwork relating to it shall be the obligation and responsibility of NM on whose behalf the Employment Business is authorised to make thisnt offered by the Employment Agency.

3.2 The Permanent Worker acknowledges that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Agency and that the Employment Agency shall incur no liability to the Permanent Worker should it fail to offer opportunities to undertake Permanent Placements of the type shown overleaf.

3.3 At the time of offer of a Permanent Placement to the Permanent Worker the Employment Aget to the exclusive jurisdiction of the Courts of England & Wales.

ncy shall provide to the Permanent Worker the information required by the Regulations to be provided. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day. promise. Whilst NM may be shown on forms P45 and on the Temporary Worker's payslips as the employer of the Temporary Worker for income tax and Deductions purposes, the Temporary Worker is in fact a contractor of his or her services and not an emplo

3.4 If before the first Permanent Placement, during the course of a Permanent Placement or in the 12 months following a Permanent Placement after the Permanent Worker was last supplied by the Employment Agency to the Client, the client engagesyee of either the Employment Business or NM for the purposes of the Employment Rights Act 1996 or otherwise.

4.3 The Temporary Worker understands the limited role of NM as a provider of payroll payments and administration services to the Employment Business and consents to NM having the obligation and responsibility for payment of his or her remuneration and administering the Deductions and having all Personal Data and Sensitive Personal Data in relation to the Temporary Worker necessary for that purpose.

4.4 Subject to any statutory entitlement under the Act or any other relevant legislation, the Temporary Worker is not entitled to receive remuneration for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed in accordance with the details shown on page 1.

5. STATUTORY LEAVE

5.1 For the purpose of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998, the leave year commences on the date the Temporary Worker starts an Assignment or a series of Assignments.

5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks' paid leave per leave year. All entitlement to l the Permanent Worker through another employment agency, the Permanent Worker acknowledges that the Employment Agency will be entitled either to charge an introduction or transfer fee with the Client. The Employment Agency may also charge a fee to eave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.

5.3 (a) Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporathe Client where the Client introduces the Permanent Worker to a third party who then engages the Permanent Worker within the period stated above.

4. REMUNERATION

4.1 The Permanent Worker shall be paid remuneration as per the offer contrary Worker on Assignment during the leave year.

(b) The amount of payment the Temporary 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 the Temporary Worker shall have worked on Assignment.

(c) The Temporary Worker agrees that where on page 1 an additional hourly rate is stated in respect of holiday pay then payment of it together with and in addition to the Temporary Worker's hourly rate shall satisfy the Temporary Worker's entitlement to paid leave.

(d) Payments for annual leave will be calculated on the basis of rates paid during the Client's normal working hours, i.e., those which do not attract ovect as issued to successful applicants by the Client.

5. CONDUCT OF PERMANENT WORKERS

5.1 The Permanent Worker warrants to the Employment Agency that all information given to the Employment Agency in relation to the Permanent Worker and hirtime rates of pay.

5.4 In the course of any Assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth his total holiday entitlement in each month of his leave year. Where the Temporars or her qualifications, skills, experience and any other matters requested was when given, and will throughout the Assignment remain, true, accurate, complete and not misleading.

6. CONFIDENTIALITY AND DATA PROTECTION

6.1 The Pery Worker wishes to take any leave to which he is entitled, he should notify the Employment Business in writing of the dates of his intended absence. The amount of notice, which the Temporary Worker is required to give, should be at least twice the lmanent Worker consents to the Employment Agency keeping, processing and accessing such records and Personal Data including Sensitive Personal Data provided by the Permanent Worker to the Employment Agency and to the content of such records and data bength of the period of leave that he wishes to take. Unless the Employment Business informs the Temporary Worker in writing that it is not possible for him to take leave on the specified dates, the Temporary Worker shall be entitled to take up his neing made available and being disclosed to third parties (including the Client) for the purposes permitted or required by the DP Act or as required by law.

6.2 For the purposes of the DP Act the Permanent Worker gives his/her consent to the holding, processing and accessing of Personal Data including Sensitive Personal Data provided by the Permanent Worker to the Employment Agency or the Hirer.

7. LAW

7.1 These Terms are governed by the law of England & Wales and are subjecotified leave entitlement.

5.5 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker's status as a self-employed worker.

5.6 (b) Where a Bank holiday or other public holiday falls during an Assignment the Employment Business may at its discretion request the Temporary Worker upon giving one week's notice to take a Bank Holiday or other public holiday as part of his paid annual leave entitlement.

5.7 Where this contract is terminated by either party and a P45 is requested, the Temporary Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 5.3 above.