Tower Employment Services

1. 'Assignment' Means the period during which the Temporary Worker is supplied to render services to the Client; together with any subsidiary or associated company as defined by the Companies Act 1985. 'Client' Means the person, firm or corporate body requiring the services of the Temporary Worker;

2. These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.

a) For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from his remuneration in accordance with
clause 4.1.

b) No variation or alteration to these Terms shall be valid unless approved by a Director/Proprietor of the Employment Business in writing.

3. The Employment Business will endeavor to obtain suitable Assignments for the Temporary Worker.

i) The Temporary Worker acknowledges that it is in the nature of temporary work that there may be periods when no suitable work is available and agrees

a) That suitability shall be determined solely by the Employment Business and
b) That the Employment Business shall incur no liability towards the Temporary Worker should it fail to offer opportunities to work in the category as specified above or in any other category.

iii) For the purpose of calculating the average 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 1st October 1998 or the date on which the Temporary Worked commences the first Assignment, if later.

4.
The Employment Business shall pay to the Temporary Worker remuneration calculated at an hourly rate to be notified to the Temporary Worker at the commencement of an Assignment ('the Notified Rate'). Remuneration at the Notified Rate shall be paid to the Temporary Worker for each hour worked during an Assignment, weekly inarrears Subject to deductions in respect of Class 1 National Insurance contributions and Income Tax pursuant to S134 of the Income and Corporation Taxes Act 1988 and any other deductions that the Employment Business may be bound by law to make.

i) Subject to any statutory entitlement under the legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or its Clients for time not spent on Assignment whether in respect of illness or absence for any other reason unless otherwise agreed.

5. “The Temporary Worker” is entitled to holiday pay; this can only be claimed at a basic 8 hour day. It is calculated at your basic pay x 88% /13 as an example a temporary worker on a basic rate of £ 6.50 Per Hour and works 40 Hrs in a particular week would be entitled to holiday pay £ 6.50 x 40 = £ 260.00 x 88% / 13 = £17.60 for that particular week. The holiday period runs from 5th April to 4th April the following year (in line with the tax year) “no entitlement to un-used holiday pay can be carried over from year to year & no holiday entitlement can be claimed for holidays not actually taken”

6. At the end of each week of an Assignment (or at the end of the Assignment where the Assignment is for a period of less than one week) the Temporary Worker shall deliver to the Employment Business a time sheet duly completed to indicate the number of hours worked by the Temporary Worker during the preceding week and signed by an authorised representative of the Client where applicable, or any other method as discussed with the Employment Business. The Employment Business shall not be obliged to make any payment to the Temporary Worker unless a properly authenticated time sheet has been submitted by the latest 12 noon on the Monday following the assignment.

7. The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if the temporary worker does so, during every Assignment and afterwards, as appropriate, the temporary worker will

a) Co-operate with the Client's staff and accept the direction, supervision and control of any responsible person in the Client's organisation

b) Observe any relevant rules and regulations of the Client's establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to
ascertain

c) Unless arrangements have been made to the contrary, conform to the normal hours of work currently in force at the Client's establishment;

d) Take all reasonable steps to safeguard the temporary workers own safety and the safety of any other person who may be present or affected by the temporary workers actions on the Assignment and comply with the Health and Safety Policy of the Client;

e) Not engage in any conduct detrimental to the interest of the client or the employment business.

f) To return all relevant documents materials and/or equipment to the Client/Employment Business as appropriate, or at the end of the Assignment.

ii) If the Temporary Worker is unable for any reason to attend work during an Assignment the temporary worker should inform the Employment Business without delay to enable alternative arrangements to be made

8. The Employment Business or Client may, without notice and without liability, instruct the Temporary Worker to end an Assignment at any time.

i) The Temporary Worker may terminate an Assignment at any time immediately by informing the employment Business

9. These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales
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