Cinch Group Services Ltd
The Cinch Group, Rutherford House
Warrington Road. Birchwood, Warrington WA3 6ZH
Tel: [0844 247 0077]
Fax: [0844 247 0088]
Email: [newstarter@thecinchgroup.com]
TERMS AND CONDITIONS OF EMPLOYMENT
Employer's name and address: Cinch Contracting Services Limited, Unit 2, Shepcote Office Village, Shepcote Lane, Sheffield, S9 1TG
(the "Company").
Employee's name and address:
In terms of the Employment Rights Act 1996 (the "Act") this Agreement gives details of your Terms and Conditions of Employment (“Contract”) with the Company together with other workplace information, as at the date of this Agreement.
1. DEFINITIONS AND INTERPRETATION
“Assignment” / “Assignments” means the position or project, pursuant to which you will be providing services to the Client, as detailed in the Assignment Schedule (if any).
“Client” / “Clients” means the third party, to whom you will be providing your services pursuant to this agreement on the terms of the Assignment Schedule.
“Assignment Schedule” means the schedule that will be provided to you in respect of each Assignment, before the commencement of any work.
2. JOB TITLE AND DUTIES
2.1 You are employed with effect from [[CONTRACT START DATE]] to work on such projects and for such periods as we may from time to time require.
2.2 For the avoidance of doubt, we reserve the right to require you to cease or not to commence working on a project if we are unable to agree terms of business with the Client. The terms of this Contract apply at all times (subject to termination in accordance with Clause 9) whether you are currently engaged on a project or between Assignments.
2.3 You will perform all duties required of you by the Company at any location where we may require you to work from time to time. Where applicable, you are required to inform us as soon as it becomes apparent to you that you have worked or are likely to work at a particular location in excess of 24 months and, in any event, you must inform us when you have been working at a particular location for 20 months or more.
2.4 You will perform all duties required of you by the Company, which may be detailed in the Assignment Schedule which will be provided to you in advance of commencing an Assignment. The Company reserves the right to require you to perform such other additional duties as the Company may reasonably determine from time to time. The duties required of you may vary between Assignments.
2.5 You will remain employed by the Company during any period when you are not on Assignment. Termination of an Assignment will not automatically terminate this Contract.
2.6 You will devote the whole of your working time, attention and abilities to the duties required of you and will not at any time (including any period when you are not on Assignment) without the prior written consent of the Company accept any work for or be directly or indirectly engaged in or concerned with any other business.
2.7 Whilst employed by the Company you must comply with all the Company's rules, regulations and policies from time to time in force and any rules which the Company’s Clients and / or customers may require you to observe whilst working on their premises including any Health and Safety, Drugs and Alcohol Policies.
2.8 If you are aware or become aware of any reason relating to your health which may prevent you from carrying out any of the duties required of you by the Company you must notify the Company immediately. You warrant you are qualified to perform the duties as required under this Agreement.
3. COMMENCEMENT OF EMPLOYMENT
3.1 Your employment with the Company began on the date of your first Assignment. For the avoidance of doubt, no employment with a previous employer counts as part of your period of continuous employment with the Company.
3.2 The Company will provide you with details of the role you will be required to undertake, the tasks to be performed, the location at which the work will be undertaken and the hours of work. This information will be supplied as part of the Assignment Schedule which shall take precedence in the event of a dispute arising between the Assignment Schedule and the Contract.
3.3 Details of terms and conditions relevant to each Assignment in respect of working time, night work, rest periods or rest breaks will be as set out in each Assignment Schedule.
3.4 You are obliged to work when required by the Company. Failure to adhere to this clause will have a bearing on receiving pay between assignments as detailed in Clause 8 and may result in termination of your employment and your Contract in accordance with Clause 9.
4. REMUNERATION/h4>
4.1 The Company undertakes at all times during your employment (and subject to the terms of this Contract ) to use reasonable endeavours to allocate to you suitable work and as a minimum guarantees that you will be offered and remunerated for at least 336 hours of work within a 12 month period (commencing on the start date of your continuous employment) paid at a rate at least equivalent to the then current National Minimum Wage (your "Basic Salary"), subject to the deduction of tax and National Insurance.
4.2 Subject to Clause 4.1, if the Company fails to offer you a minimum of 336 hours of work on Assignment (or a series of Assignments) during the 12 month period, the Company will pay you National Minimum Wage less primary class 1 National Insurance and PAYE in respect of each complete hour within that 336 hours that you have not been offered work.
4.3 The Company does not guarantee there will always be a suitable Assignment to which you can be allocated. You acknowledge therefore that there may be periods when no work is available for you. The provisions of the Apportionment Act 1870 shall not apply to this Contract. In such circumstances subject to Clause 4.1 and 4.2 the Company has no obligation to pay you when you are not carrying out work, except in the operation of Clause 8.4.
4.4 You are obliged to work when required by the Company. If you do not work when required to do so, the Company is entitled to terminate your employment in accordance with Clause 9.3.
4.5 Your rates of pay will at all times be no less than the National Minimum Wage currently in force from time to time (in the UK) per hour worked. Enhanced rates may be applicable depending on the work you are required to perform. Where enhanced rates or overtime rates are applicable you will be notified of this prior to the commencement of the work. Payment will be made weekly in arrears directly into your nominated bank account on Friday of each week in respect of the hours worked during the preceding week, subject to deduction of Tax, National Insurance Contributions and appropriate deductions for holiday pay as set out at Clause 10.5.
4.6 In addition you may be entitled to additional profit related pay in relation to work undertaken on each Assignment. If this is applicable, you will be notified of this prior to the commencement of the work. The total gross pay (less any allowable expenses) is subject to PAYE and National Insurance Contributions.
4.7 You authorise the Company at any time during the continuance of this Contract and in any event on termination howsoever arising, to deduct from your remuneration (which for the purposes can include but is not limited to salary, pay in lieu of notice, holiday pay, overpayments, loans and sick pay) all debts owed by you to the Company (and interest were appropriate), the cost of repairing any damage or loss to the Company’s or Client’s property caused by you and any loss suffered by the Company as a result of any neglect or breach of duty by you.
4.8 If the final payment is insufficient to allow for the whole amount of any deduction, you will be required to repay any outstanding amount due to the Company within 14 days of the termination of your employment.
5. EXPENSES
5.1 If eligible, you could be able to claim allowable travel expenses on the basis set out in the Company’s Expenses Policy. You must submit an expenses claim form and any supporting evidence as required by the Company to the Company (the form will be provided to you). The Company shall make all necessary statutory deductions for Tax and National Insurance.
6. HOURS OF WORK
6.1 You have confirmed you will be available to work up to a maximum 40 hours per week on Assignment and not less than one hour per week. However, assigned hours of work will vary according to the requirements of the Company’s clients and will be notified to you in the relevant Assignment Schedule.
6.2 You agree to work in excess of an average of 48 hours per week should the Company require you to do so. If you wish to opt out of the 48-hour average limit, you are required to give the Company 3 month’s written notice of your intention to do so.
6.3 For the avoidance of doubt, there may be periods when there is no work available to you. In this regard, you will be employed by the Company during any period when you are not on Assignment. Accordingly, you agree that you will make yourself available to work for the Company at all times during periods when there is no work available to you.
6.4 In order to satisfy Clause 6.2, you must fully respond to the Company’s request for information concerning your availability for work and be able to actively demonstrate that you have sought a new Assignment for a minimum of one hour each day, Monday to Friday.
6.5 You must complete a daily record of your job search, evidence from your search for example (online CV applications, Newspaper articles etc.). The daily record form is available from the Company.
6.6 During any period when you are available for work but are not on Assignment, the employment business to which you last provided your services will be appointed as the Company’s “Agent” in order to find work for you. By signing this Contract, you confirm your agreement to this appointment. In the event the employment business advises us that suitable Assignments are available, your services will be proposed to the end-user. In the event you refuse a suitable offer of work, the Company will be entitled to treat you as not being available for work
6.7 For the avoidance of doubt, failure to confirm your availability for work when you are not working on an Assignment will mean that the Company is entitled to consider this to be serious misconduct which may lead to a termination of your employment.
7. PLACE OF WORK
7.1 You do not have a normal place of work. You will be required to work at any of the Company’s premises or at the premises of its customers, clients, suppliers or associates, within the United Kingdom unless otherwise agreed, as the Company may determine from time to time as set out in the Assignment Schedule. The employers address is Unit 2, Shepcote Office Village, Shepcote Lane, Sheffield, S9 1TG.
7.2 You will not be required to work overseas for periods exceeding one month.
8. TERMINATION
8.1 You must provide one week’s notice to the Company in order to terminate your employment.
8.2 In order to terminate your employment the Company must give you:
(a) one week's notice if you have been continuously employed for more than one month, and then
(b) one week's notice for each year of continuous employment with the Company up to a maximum of 12 weeks’ notice.
8.3 The Company is entitled to dismiss you without notice in the event of serious misconduct and/or serious negligence. For the avoidance of doubt, acts or behaviour which constitute serious misconduct shall be taken to include (but not restricted to) the following:
(a) Theft or attempted theft from the Company, its clients or their employees. For the avoidance of doubt this shall include, without limitation, falsifying timesheets or otherwise claiming that you worked on Assignment during hours in which you did not in fact work;
(b) Fraud;
(c) Rude, offensive and threatening behaviour to the Company, its clients or their employees;
(d) Malicious damage to property, including the introduction of viruses and other damage to computer systems;
(e) Breaches of the Company or client internet use policy, including downloading pornographic or other prohibited or illegal material;
(f) Breach of confidentiality;
(g) Negligence resulting in serious loss, damage or injury to the Company, its clients or their employees;
(h) Serious breaches of Health and Safety regulations;
(i) Attempting to perform any duties while under the influence of alcohol and/or drugs;
(j) Failure to notify us by the required deadline of any period in which you anticipate not being on Assignment;
(k) Failure to comply with the requirements to notify the Company of your availability for work during periods when you are not on Assignment;
(l) Conviction for any serious criminal offence; and
(m) Failure to submit timesheets in respect of work done by you.
8.4 The Company will be entitled to terminate your employment without notice in the event that you do not work (without good cause, which will be determined at the discretion of the Company) when the Company requires you to do so.
8.5 The Company reserves the right at any time in its absolute discretion to make a payment of Basic Salary in lieu of all or any part of your entitlement to notice, less such deductions for Tax and National Insurance Contributions.
9. HOLIDAY AND HOLIDAY PAY
9.1 The maximum entitlement to annual leave is 28 days (including bank holidays) in a full working year (260 working days). If you work less than 260 days in a full working year your entitlement to annual leave will be pro-rated accordingly.
9.2 The Company's holiday year runs from 5th April to 4th April.
9.3 If your employment begins or ends part way through the holiday year your holiday entitlement for that year will be assessed on a pro rata basis.
9.4 Holidays must be taken at times agreed by the Company or the Company's client where appropriate and sufficient notice of request to take holiday must be given to the Company or Client. All holidays must be taken in the holiday year in which they accrue and cannot be carried over to the next holiday year without prior consent of the Company.
9.5 You will earn holiday pay at a rate of 12.07% of your basic salary which will be paid to you on a weekly basis and shown as a separate and distinct amount on your pay slip. In the event that we receive a specific request, we will retain your holiday pay in a holiday pay fund. You will be paid for each day of holiday authorised by the Company and the Client at an hourly rate calculated on the basis of your average income over the twelve weeks preceding the holiday.
9.6 If on the termination of your employment, you have taken holidays in excess of the statutory holiday entitlement which has accrued to you at that time you will be required to repay to the Company holiday in respect of these holidays. This will be taken out of your final payment.
9.7 The Company reserves the right to require you to take any unused holiday during your notice period, or during periods when the Company is unable to provide you with an Assignment.
9.8 Clause 6.6 as it relates to notifying the Company that you are available for work will not apply to when you are on holiday provided that you have complied with Clause 9.4.
10. SICKNESS OR OTHER ABSENCE
10.1 If you are absent from work for any reason and your absence has not previously been authorised by the Company you must call the Company and the Client you are working for (before you are due to start work) on your first day of absence before 10am. Failure to do so could affect any sickness payment entitlement. People calling on your behalf, text messages or emails are not acceptable forms of notification.
10.2 In respect of absence due to sickness, injury or accident that continues for more than seven consecutive days (including weekends) you must provide the Company with a medical certificate stating the reason for the absence. Thereafter medical certificates must be provided to the Company to cover the remainder of the period of continuing absence. Failure to follow these requirements may result in disciplinary action and/ or loss of Statutory Sick Pay.
10.3 If you are absent from work due to sickness, injury or accident and comply with the requirements in this Clause you will be paid Statutory Sick Pay (“SSP”) in accordance with the provisions of the applicable legislation in force from time to time. For the purposes of SSP, the "qualifying days" are Monday to Friday inclusive.
10.4 If you become unavailable for work, you must notify the Company immediately stating the reasons for your unavailability. Failure to do so could affect any sickness payment entitlement.
11. CONFIDENTIAL INFORMATION
11.1 For the purposes of this Clause, "Confidential Information" means all information which is identified or treated by the Company or any of the Company's clients or customers as confidential or which by reason of its character or the circumstances or manner of its disclosure is evidently confidential including (without prejudice to the foregoing generality) any information about business plans, proposals relating to the acquisition or disposal of a company or business or proposed expansion or contraction of activities, maturing new business opportunities, research and development projects, designs, secret processes, trade secrets, product or services development and formulae, know-how, inventions, sales statistics and forecasts, marketing strategies and plans, costs, profit and loss and other financial information (save to the extent published in audited accounts), prices and discount structures and the names, addresses and contact and other details of: (a) employees and their terms of employment;
(b) customers and potential customers, their requirements and their terms of business with the Company; and (c)suppliers and potential suppliers and their terms of business (all whether or not recorded in writing or in electronic or other format).
11.2 During your employment by the Company, you may learn trade secrets or Confidential Information which relates to the Company and its Clients. Unless you are required to do so in the proper performance of your duties, you must not:
(a) divulge or communicate to any person;
(b) use for your own purposes or for any purposes other than those of the Company or, as appropriate, any of its Clients; or
(c) cause any unauthorised disclosure, through any failure to exercise due care and attention, of any trade secrets or Confidential Information relating to the Company or any of its Clients.
11.3 You must at all times use your best endeavours to prevent publication or disclosure of any trade secrets or Confidential Information.
11.4 These restrictions apply both while you are employed by the Company, and after your employment with the Company terminates. The restrictions will cease to apply to any information which becomes generally available to the public, otherwise than through a failure by you to observe these restrictions.
12. PENSION
12.1 The Company will comply with the employer pension duties in respect of the employee in accordance with Part 1 of the Pensions Act 2008.
13. REGULATORY ISSUES
13.1 From time to time, the Company’s Clients may fall within the definition of an Employment Agency or Employment Business as defined in the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Regulations”). These Regulations contain a provision for you to opt-out. The Company will endeavour to provide you with an opt-out form in advance of you commencing work on an Assignment. If you choose to opt-out, you have the right to opt-in at the start of a new Assignment.
14. DATA PROTECTION
14.1 By signing this Contract and in conjunction with the consent request detailed below, you acknowledge and agree the Company is permitted to hold personal information about you as part of its personnel and other business records and may use such information in the course of the Company's business. In accordance with the data request below the Company may disclose such information to third parties (detailed in the data request) in the event such disclosure is in the Company's view required for the proper conduct of the Company's business or that of any associated company. This clause applies to information held, used or disclosed in any medium.
15. COMPANY AND CLIENT PROPERTY
15.1 All equipment (including computer equipment), notes, memoranda, records, lists of customers, suppliers and employees, correspondence, computer and other discs or tapes, data listings, codes, keys and passwords, designs, drawings and other documents or material whatsoever (whether made or created by you or otherwise and in whatever medium or format) relating to the business of the Company or any of its Clients (and any copies of the same) shall:
(a) be and remain the property of the Company or the relevant Client; and
(b) be handed over by you to the Company on demand and in any event on the termination of your employment.
16. GRIEVANCE, DISCIPLINARY AND DISMISSAL MATTERS
16.1 The Disciplinary and Dismissal Procedure which applies to you are set out in the Company’s Disciplinary and Grievance (“D&G”) Procedure, details of which are available on request. The D&G Procedure is not contractual and the Company may change the terms at any time at its absolute discretion. The Company reserves the right to discipline you in relation to any Client complaint regardless of whether the Assignment to which the complaint relates is continuing at the date of such complaint or disciplinary action.
16.2 If you are dissatisfied with any disciplinary or dismissal decision taken in relation to you, you can appeal this decision. Please refer to the Disciplinary and Dismissal Procedure, details of which are available on request.
16.3 If you have a grievance about your employment, you are entitled to raise a complaint in line with the Company's Grievance Policy. The Grievance Policy is available upon request.
17. COLLECTIVE AGREEMENTS
There are no collective agreements applicable to you or which affect your terms of employment.
18. PREVIOUS CONTRACTS
18.1 The contractual terms shall be in substitution for all or any existing contracts of employment entered into between you and the Company which cease to have effect on the date upon which you commence work under this Contract.
18.2 It is agreed that this Contract and any Assignment Schedule set out the entire Contract and understanding of the parties.
19. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and construed in accordance with the law of England and Wales. Each party hereby submits to the exclusive jurisdiction of the English Courts as regards any claim, dispute or matter arising out of or in connection with this Agreement and its implementation and effect.
I acknowledge that I have received a duplicate copy of this Contract, I have read and understood the same and I agree to be bound by all the terms contained in it. I have been given the opportunity to receive an explanatory document relating to the clauses contained within this Contract. I have also been given access to the “Employee Handbook” which does not form part of this Contract.
