1. Status of this Agreement
This contract governs your engagement from time to time by Early Bird Resources Limited as a Casual Worker. This is not an employment contract and does not confer any employment rights on you (other than those to which workers are entitled). In particular, it does not create any obligation on you to perform work for the Company (even if offered) or on the Company to provide work to you and therefore there will be no mutuality of obligation between the Company and you.
2. Company’s discretion as to work offered
It is entirely at the discretion of the Company whether to offer you work and it is under no obligation to provide work to you at any time. The Company reserves the right to give or not give work to any person at any time and is under no obligation to give reasons for such decisions.
3. No presumption of continuity
Each offer of work by the Company which you accept shall be treated as an entirely separate and severable engagement (an assignment). The terms of the contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment. The fact that the Company has offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.
4. Arrangements for work
If the Company wants to offer you any work it will call, text or email you the details of the assignment. You are under no obligation to accept any work offered by the Company at any time. However, if you accept an assignment you must inform the Company immediately if you will be unable to complete it for any reason.
The Company reserves the right to terminate an assignment at any time for operational reasons. You will be paid for all work done during an assignment up to the time it is terminated. In order to assist the Company in organising work, please complete the personal information sheet attached to this contract and return it to the manager. It is your responsibility to inform the Company of any changes to these details.
5. Work
The Company may offer you work from time to time as a Health Care Assistant/Support worker. If you accept work your duties will include providing care to service users and you will usually report to the manager. The precise description and nature of your work may be varied with each assignment and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each assignment.
Before offering you an assignment the Company will require certain documents from you in order to satisfy itself that you are legally entitled to work in the UK.
You can confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify the Company immediately if you cease to be so entitled at any time.
6. Place of work
During each assignment, the Company may offer you work at various locations. You will be informed of the relevant place of work for each assignment.
7. Hours of work
During each assignment your hours of work will vary depending on the operational requirements of the Company. You will be informed of the required hours for each assignment.
You will be entitled to an unpaid break of (one hour) where your assignment requires you to work more than (six hours) in any one day.
Company timesheets recording the actual hours worked are to be completed and submitted to the office on a weekly basis.
8. Working Time Opt-Out
Please complete the attached form to confirm whether you wish to opt out of the 48 hour limit on a week’s work. If you do not opt out, the Company must ensure that it does not offer you work which would result in you working for more than 48 hours in any week. You must then keep the Company informed of the hours that you work for third parties so that it can comply with this obligation.
9. Pay
You will be paid weekly/monthly in arrears on or about the last day of each month, directly into your bank account for the hours worked in the previous month. The Company will make all necessary deductions from your pay as required by law and shall be entitled to deduct from your pay or other payments due to you, any money which you may owe to the Company at any time.
10. Holidays
Your holiday entitlement will depend on the number of hours that you actually work and be pro-rated on the basis of a full time entitlement of 28 days holiday during each full holiday year. This entitlement includes the usual 8 public holidays in England and Wales. The Company’s holiday year runs from (01/01) to (21/12).
At the end of each assignment the Company will pay you in lieu of any accrued but untaken holiday for the holiday year in which the assignment ends. The amount of payment in lieu will be calculated of the hours worked during the assignment and multiplying this by your hour of rate.
For operational reasons you will not normally be entitled to take leave during an assignment, but permission may be granted in exceptional circumstances.
If you have taken and been paid for more holiday than your accrued entitlement at the date your assignment ends, the Company shall be entitled to deduct from you any over-payment which has been made.
11. Sickness
If you have accepted an offer of work but are subsequently unable to work the hours agreed, you must notify the manager of the reason for your absence as soon as possible but no later than (time) on the first day of absence.
You will not be entitled to receive any pay in respect of any period of sickness or injury during an assignment. As you are not an employee you have no entitlement to Statutory Sick Pay.
12. Data Protection
You consent to us holding and processing, both electronically and manually, the data that we collect about you, in the course of your working relationship with us, for the purposes of administration and management of our staff and our business and for compliance with applicable laws, procedures and regulations.
13. Company rules and procedures
During each assignment you are required at all times to comply with relevant Company rules, policies and procedures in force from time to time including but not limited to those contained in the staff handbook, a copy of which has been given to you OR which is available from the staff portal of the website.
14. Confidential Information
You shall not use or disclose to any person, either during or at any time after your engagement by the Company, any confidential information about the business or affairs of the Company (or any of its business contacts) or about any other matters which may come to your knowledge as a result of carrying out assignments. For the purposes of this clause, confidential information means any information which is not in the public domain and which relates to the affairs of the Company (or any of its business contacts).
The restriction in this clause does not apply to:
- a) Prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996; or
- b) Use or disclosure that has been authorized by the Company or is required by law or in the course of your duties.
15. Company property
All documents, manuals, hardware and software provided for your use by the Company, and any data or documents (including copies) produced, maintained or stored on the Company’s computer systems or other electronic equipment (including mobile phones) remain the property of the Company.
Any Company property in your possession and any original or copy documents obtained by you in the course of your work for the Company shall be returned to the manager at any time on request and in any event at the end of the assignment.
16. Termination
If you wish your name to be removed from the Company’s staff bank or no longer wish to be considered for casual work by the Company you should inform the manager as soon as possible.
The Company may remove your name from its staff bank if you are unable to accept an assignment on (three) occasions OR work for (four) consecutive weeks
The Company may terminate this contract immediately by giving notice in writing to you if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Non-exhaustive examples of gross misconduct include (dishonesty, theft, fighting, mis-use of drugs or alcohol or any acts or omissions which might bring the Company into disrepute)
17. Changing Terms and conditions
The Company may review its requirement for casual workers from time to time and/or may update the terms on which it offers such work. In the event of any changes to the terms on which it is prepared to engage casual workers the Company may terminate this contract with immediate effect by giving notice to you and you may, at the Company’s absolute discretion, be offered a new contract for casual work.
18. Governing law
This contract will be governed by English law. If you wish to accept casual work from the Company on the terms stated above you are requested to sign and date one copy of this agreement and return it to the manager as soon as possible. We look forward very much to you joining the team and trust that we shall have an enjoyable and satisfying relationship.
