Work Finding Services Agreement

(A)  The Company operates as an Employment Agency and an Employment Business, as such terms are defined in the Conduct Regulations 2003 or the Conduct Regulations 2005. The Company provides recruitment services to Clients. This includes seeking work for individuals on a permanent basis and for candidates seeking temporary work.

(B)  You have asked the Company to seek work on your behalf, having provided the Company with the necessary personal information to register the information on the Company’s Database of candidates. The Company will seek work for you based on this agreement.

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply to this agreement.
“Assignment”: assignment services to be performed by you for the Client for any period during which you are supplied by the Company to work temporarily for and under the supervision and direction of the Client.
“Client”: the person, firm, partnership, company or group of companies with whom or which the Company has or may have any relationship and whom or which may be interested in using your services and/or employing or engaging you directly.
“Calendar Week”: shall have the meaning in Regulation 7(4) of the Agency Workers Regulations 2010 or in Regulation 7(4) of the Agency Workers (Northern Ireland) Regulations 2011 (SI 2011/350).
“Conduct Regulations 2003”: the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Conduct Regulations 2005”: the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005.
“Database”: the Company’s database of candidates containing your personal details, required in order for the Company to identify work for you.
“Data Protection Laws”: the General Data Protection Regulation (GDPR), and the enacted version of the Data Protection Bill 2017 together with any other laws applicable to the protection or processing of personal data in effect from time to time.
“Work Category”: the category of work the Company will seek for you, namely 

1.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.3 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.4 A reference to writing or written includes e-mail.

1.5 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.6 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.1 During the time that you are registered on the Database, you agree:
2.1.1 to provide the Company with an up to date and§ accurate curriculum vitae;
2.1.2 if requested by the Company, to provide evidence of your entitlement to work in the United Kingdom, and any qualifications or other certificates referred to in your curriculum vitae;
2.1.3 to provide the Company with details of suitable referees, as requested by the Company and in accordance with the requirements of the Conduct Regulations 2003 or the Conduct Regulations 2005 (as applicable in Northern Ireland);
2.1.4 to provide the Company with all and any information requested by the Company, which may affect or be relevant to a decision of a Client to engage with you in any capacity. This shall include (but is not limited to) matters concerning your health, ability to perform tasks which are fundamental to the role and/or perform the role efficiently;
2.1.5 to provide details of criminal convictions that have not become discharged under the relevant legislation that may exist from time to time;
2.1.6 to provide details of any sickness that you have had in the 12 months preceding the date of this agreement, and whether such sickness is likely to re-occur in your reasonable opinion;
2.1.7 before you accept any Assignment offered by the Company and before the commencement of each
such Assignment and during each Assignment (as appropriate) and at any time at the Company’s request, to: 2.2
(a) inform the Company of any Calendar Weeks whether before the date of commencement of the relevant Assignment or during the relevant Assignment in which you have worked in the same or a similar role with the Client via any third party;
(b) provide the Company with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Company; and
(c) inform the Company if before the date of the commencement of the relevant Assignment you have:
(i) completed two or more assignments with the Client;
(ii) completed at least one assignment with the Client and one or more assignments with any member of the Client’s group of companies;
(iii) worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
2.1.8 to the Company using all information provided by you, including any documents provided by you or a third party on your behalf for the purpose of complying with any statutory obligations that the Company may have and for locating work. This includes but is not limited to providing such information or documents to a Client. You understand that you may withdraw your consent in writing at any time, in which case the Company will only then comply with its legal obligations in providing information.
2.1.9 that you will act towards the Company at all times in good faith.
2.1.10 that you will provide written confirmation to the Company if you want your details to be removed from the Database.
You warrant that the information provided pursuant to Clause 2.1 of this agreement shall be true and accurate in all
material respects and in respect of information both before, during and after an Assignment.
2.3 Your attention is drawn to clauses 5.11 to 5.13 below regarding Data Protection Laws, and clause 2.1 is subject to the Data Protection Laws.

3.1 During the time that you are registered on the Database, the Company agrees:
3.1.1 that from time to time and at its full discretion it may search for suitable work for you which will normally be within the Work Category;
3.1.2 that if the Company considers that an opportunity would be suitable, the Company may inform you
of any of the terms that would be proposed by a Client or potential Client; 4.
3.1.3 that it may (if it considers appropriate) arrange an interview with a Client, and assist in any negotiations but the Company offers no guarantee that this will result in any formal placement or agreement;
3.1.4 that if there are any specific Clients or potential Clients of the Company that you do not wish to be approached, you must provide details in writing confirming details of the organisation and persons that should be excluded from the search. If you fail to provide the information, the Company will not accept any liability if it approaches such a Client or potential Client on your behalf; and
3.1.5 that if the Company identifies suitable work for you that is temporary in nature, the Company may introduce you to a third party organisation who may act as your employer and for you to contract directly with such third party in respect of providing services to a Client on any Assignment. You also acknowledge and accept that any third party to whom you are introduced and with whom the Company may have a contract with, shall be permitted to subcontract, delegate or assign its responsibilities and obligations, such that you may be required to contract directly with a different third party in respect of providing services to a Client on any Assignment.
3.1.6 Regardless of how you are engaged, pay will always be at least the national minimum wage rate.
3.1.7 Unless a valid opt out is in place regarding the Conduct Regulations 2003 or the Conduct regulations 2005, the Company wil pay you for work carried out (or the intermediary engaging you if you are not directly engaged by the Company) regardless of receipt of payment from our Client.
3.1.8 If you have any entitlement to holiday pay when carrying out any assignment, assignments (which will be case unless you are self employed) this would be not less than the minimum statutory entitlement to paid holiday in place from time to time, and would be payable by the entity which directly engages with you during the assignment.

This agreement between you and the Company is for work finding services only. This agreement is not a contract of employment, nor does its status amount to a contract for services.

5.1 If you decide to enter directly into a contract with a Client in respect of a permanent or contract placement, this will be subject to terms that the Client will agree directly with you, which may include but is not limited to terms relating to pay, intervals of pay and annual leave.
5.2 You agree that any work that is identified as being suitable is subject to you entering into a contract with the Company or an agreement directly with the Client. The Company accepts no liability if the Client decides to withdraw from any agreement.
5.3 You acknowledge that a Client may withdraw any offer before it is formally accepted by you. Whilst the Company will make reasonable endeavours to ensure that this does not happen and to obtain accurate information, the Company accepts no liability for any information that is given to you, which is provided in good faith. The Company cannot guarantee the accuracy of such information
5.4 This agreement is not a guarantee that work will be found for you. No liability is accepted if work cannot be identified, nor is it guaranteed that any work will be suitable for you.
5.5 The Company has no obligation in terms of providing information or services, save as set out in this agreement or which may be required by law.
5.6 The Company will act at all times in good faith, but may remove your details from the Database at any time.
5.7 The Company shall not be liable to you for any loss or damage if work found is not suitable, nor shall it be liable to you in respect of any claim in tort or for breach of contract, or in respect of failure to provide any information or service, provided that no liability is excluded or limited by these terms for a) death or personal injury caused by the Company’s negligence or the negligence of its employees or agents; or b) anything which cannot be excluded or limited at law.
5.8 The Company acknowledges that it has responsibilities to you under the Equality Act 2010. No provision in this agreement, shall affect or limit the Company’s obligations to you pursuant to the Equality Act 2010.
5.9 Without prejudice to clause 5.7 above, the Company’s liability shall be limited to any direct loss only and shall not exceed £50,000, save for any payment due to you by the Company for work, or where that limit is precluded by law.
5.10 For the purposes of Data Protection Laws, you acknowledgesthe Employment Business shall hold, process and share personal data relating to you in accordance with the privacy notice made available to you.
5.11 The Employment Business may update and amend the privacy notice applicable to you from time to time and will inform you when any changes are made.
5.12 Where a consent is required from you in relation to any processing of any personal data relating to you then this consent will be recorded by the Employment Business. The provision of the consent is usually contained in the privacy notice applicable for you, but may be provided in other ways if appropriate.

This agreement may be terminated by either party on one week’s written notice to the other.

7.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representatives and understandings between them, whether written or oral, relating to its subject matter.
7.2 This agreement may not be varied save by agreement by both parties in writing, which in the case of the Company is required by a statutory director.

If any provision or part provision of this agreement is invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity or enforceability of the rest of this agreement.

The Company may assign its rights and obligations under this agreement to a third party but you cannot do so without the Company’s prior written consent.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).