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Terms & Conditions

1.  –  General
1.1  – This Agreement sets out the terms and conditions of your employment by the Company including the particulars of employment that the Company is required to provide under the section 1 of the Employment Rights Act 1996.
1.2 – This Agreement supersedes any previous agreements between the parties whether verbal or written.
1.3  – The first 12 weeks of your employment will be a probationary period.  The Company reserves its right to extend the probationary period at its discretion should this be considered necessary.
2. – Date of commencement of employment
2.1 – Your employment, and your continuous employment with the Company began, or will begin, on ……/……/…… and will continue until terminated in accordance with clause 11.
3. – Job description and duties
3.1 – You are obliged to remain willing and able to work for the Company between such Assignments. Completion, termination or cancellation of an Assignment will not terminate your Employment under this Agreement, nor will it affect your continuity of employment with the Company. You will notify the Company in advance, and obtain the Company’s agreement to release you for a limited period, before accepting any offer to carry out work for another employer, or as a contractor, during your employment.

3.2 – During your employment you will:

3.3 – During the course of your employment you shall use reasonable endeavours to find Assignments which you can carry out for the Company, and the Company will provide reasonable assistance to you in this regard.

3.4 – You shall not hold yourself out as authorised to, and shall not, pledge the Company’s credit, sign any document, enter into any agreement, make any promise or make any representation on behalf of the Company, save and only to the extent that you have been authorised to do so in writing by the Company.

4. – Place of work
You will not have a permanent place of work. You will be required to work at a series of temporary workplaces as necessary to discharge your duties including, in particular, at Client premises or elsewhere in the UK as the Company or a Client may direct from time to time. It is possible that you may also be required to work outside the UK from time to time.

5. – Remuneration

5.1 – Your salary will be calculated on the basis of the number of hours you work and will be equivalent to the National Minimum Wage as may be determined by legislation from time to time.

5.2 – Your salary will be paid at monthly intervals (or such shorter intervals as may from time to time be notified in relation to particular Assignments) in arrears on the basis from time to time agreed.

5.3 – You may also be eligible for a bonus or bonuses which shall determined at the discretion of the Company from time to time and may be of such amounts and paid at such times and on such terms as the Company may determine from time to time.

5.4 – Both your salary and any bonus shall be subject to deduction of income tax, National Insurance contributions and any statutory pension contributions.

5.5 –  The Company will make payments by BACS or Faster Payments , for an additional fee, to your bank account, details of which you have supplied and confirmed to us.

5.6 –  You will keep written timesheets showing the hours you have worked and your salary shall be calculated by reference to these timesheets. When working on Assignment you are required to obtain the Client’s authorisation of the timesheet as directed by the Company. You shall provide the Company with complete legible timesheets on such basis and within such timeframes the Company may require from time to time including during periods when you are not working on an Assignment and periods when you are absent on annual leave or on sick leave.

6. – Expenses

6.1 – To claim expenses you must complete an on-line expense form on the AlphaPay portal, or submit a printed copy with any supporting evidence reasonably required by the Company to the Expenses Team in respect of any expenses you may claim.

6.2 – The Company reserves the right to take disciplinary action up to and including dismissal if you fail to comply with its expenses guidelines. Disciplinary action may be taken in relation to any failure to comply, but making fraudulent, inflated or misleading expense claims amounts to gross misconduct and will lead to dismissal.

6.3 – If the place of work at which you work becomes a permanent place of work the Company shall be entitled to:

7.   –       Hours of work
7.1 You have no normal hours of work. Subject to what follows, you will be required to work such hours as the Company may determine from time to time.
7.2 Your hours of work will amount to a minimum of 336 hours during the course of a year of employment, pro-rated for any period of employment of less than 12 months. The maximum number of hours you may be required to work in any seven day period is 60 hours.
7.3 You hereby agree that the 48 hour limit specified in the Working Time Regulations 1998 shall not apply to this employment. You have the right to give the Company not less than three months’ notice in writing to withdraw such agreement.

8.- Holidays and holiday pay

8.1 –  You are entitled to 28 days paid annual leave during each holiday year (inclusive of bank and public holidays). Your holiday year starts at the start of your employment and on each succeeding anniversary.  Please note that you may be required to work on bank and public holidays, so if you want to take them as annual leave you will need to request and book them as annual leave in at two weeks in advance. 

8.2 – You are paid a percentage of 12.07% in addition to your wages on a weekly basis, which represents payment of your entitlement to paid annual leave. This is paid each week with your wages. This means that you will receive payment in advance for the time you eventually take off as holiday each week and you will not receive payment when you are on holiday. This is what is known as ‘rolled-up’ holiday pay and basically ensures that you receive your full holiday entitlement. This is paid each week with your wages, it forms part of your taxable pay but is identified separately on your payslip to clearly show you the amount of holiday pay received. If you would prefer to have your holiday pay when you take holiday leave, instead of paid out to you rolled up, we will accrue 12.07% in addition to your wages which we will pay out to you when you are on leave. Please contact a member of the team if you would prefer to receive your holiday pay in this way and haven’t already informed us.

8.3 –  You shall take your holiday at such times as the Company shall reasonably require between Assignments unless otherwise agreed by the Company. Holiday must be taken within your holiday year.  Untaken holiday may not be carried over from one holiday year to next without the written agreement of the Company.

8.4 – Holidays will be paid out weekly or we can retain holiday pay from your wages weekly should you prefer.   Please let us know your preferred option.

8.5 – All holiday pay will be illustrated on your payslip weekly.

8.6 – The Company reserves the right to require you to take any accrued but untaken holiday during any period of notice under clause 11 of this Agreement.

9. – Absence from work, sickness absence and sick pay

9.1 – If you are going to be absent from work for any reason, including sickness, you must notify the Contractor Care Team of this and the reason for your absence as soon as possible but no later than 10:00am. on the first day of absence.

9.2 – If you are absent from work because of sickness we shall pay you Statutory Sick Pay (SSP) provided that you satisfy the relevant statutory requirements

10. – Pension scheme & retirement

10.1 – You will be eligible after 3 months employment to join our stakeholder pension scheme.  Details are available from your account manager at AlphaPay Payroll Ltd.

11. – Termination of employment

11.1 – Your employment will continue until terminated in accordance with this clause or by some other event which has the effect of terminating your contract of employment.

11.2 – You will be sent details of each Assignment which will state, among other things, the period of the Assignment. During the period of an Assignment, subject to the provisions of this Agreement, and in particular to clause 11.4 below, each party is bound to continue the employment until the Assignment is completed.

11.3 – Subject to clause 11.2 and you not being on Assignment, no notice is required to terminate the employment during the first month of employment. Thereafter either party may terminate your employment by giving the following period of written notice to the other to take effect between Assignments:

11.4 – The Company is entitled to dismiss you without notice in the event of gross misconduct or negligence or a fundamental breach of contract. By way of example, and without prejudice to the generality of this clause, your employment may be terminated without notice for any of the following:

11.5 – The Company reserves the right at any time in its absolute discretion to pay salary in lieu of all or any part of your entitlement to notice.

12. – Disciplinary and grievance procedures

12.1 – Your attention is drawn to the disciplinary and grievance procedures applicable to your employment, which are available from AlphaPayLTD on request

12.2 – The Company expressly reserves the right to suspend you from employment or an Assignment pending investigation of any disciplinary or related matters. During any such period of suspension you will continue to be paid your salary.

12.3 – The Company also reserves the right to suspend you with or without pay as a form of sanction for disciplinary offences. If you are suspended without pay, suspension will be for a period not exceeding 7 days.

13. – Authority to make deductions from your pay

13.1 – You agree that the Company may, without further notice or agreement from you, deduct from your salary or any bonus any sums which you owe to the Company including, by way of example, any overpayment which it has made to you, or any sums which you owe to the Company by way of overdue repayments of loans or advances or in compensation for property which you have wrongly appropriated or failed to return in breach of clause 20. If your final salary or bonus payment is insufficient to allow for all that you owe to the Company to be deducted in this way, you agree that you will repay the outstanding amount due to the Company within one month of the termination of your Employment.

13.2 – Where your negligence, recklessness or dishonesty during the course of your employment, or your breach of the Company’s rules or those of a Client of which you have had notice, cause loss to the Company or a Client or any employee of the Company or Client, or to any third party, the Company reserves the right to require you to compensate the injured party for such loss (including the value of replacement or repair of any property), either by deduction from salary or bonus or by such other method as the Company may lawfully determine.

13.3 – Please note that you are not entitled to be paid for any period of unauthorised absence from work and, that if the Company discovers that you have been absent from work without authority, you agree that the Company may deduct payment for that period from any monies which it holds which would otherwise be due to you.

14. – Health & safety

14.1 – You agree to carry out instructions and observe rules (including safety rules) as are from time to time circulated by the Company. The Company has a detailed Health & Safety policy a copy of which is available from Contractor Care. You are required to familiarise yourself with the policy and take all necessary steps to ensure that it is properly observed. Failure to comply may result in disciplinary action up to and including dismissal.

14.2 – You are also required to comply with all the health and safety rules and requirements of Clients which apply at any premises where you may be working or attending from time to time.

15. – Collective agreements
There are no collective agreements relevant to your employment.

16. – Regulatory issues

16.1 – From time to time the Company’s may agree that you will carry out work for a client of an employment business (as defined in The Conduct of Employment Agencies and Employment Business Regulations 2003 (“the Regulations”)). The Regulations permit you to opt-out from certain of its provisions and to authorise others to do so on your behalf. By signing this Agreement you authorise the Company to opt-out out of those provisions on your behalf. Without limitation to your right to withdraw your agreement to opt out of the Regulations, you agree that the Company may give notice of your opting-out of the Regulations to an employment business or a Client when it agrees to carry out an Assignment on which you will be working.

16.2 – To the extent, and only to the extent, that the Regulations apply to any aspect of its activities in relation to you, the Company shall operate as an employment business. You hereby agree, so far as the law, this contract and the Company may permit, that if you are supplied by an employment business, not being the Company, to work for a Client you will permit that employment business to discharge the obligations of an employment business under the Regulations on behalf of the Company.

17. – Data protection

17.1 – The Company will comply with its obligations under data protection legislation from time to time in force.

17.2 – By signing this Agreement you consent to the Company and Clients processing your personal and sensitive personal data before, during, and after your employment. In particular, by signing this Agreement you confirm that you are aware of and consent to the retention, use, disclosure or other processing of your personal data and sensitive personal data.

17.3 – You shall not do or permit anything to be done which might cause the Company, a Client, or any other intermediary involved in supplying your services to Clients, to breach the Data Protection Act 1998 or any European Directives or Regulations in relation to the protection and transfer of personal data.

17.4-  Our GDPR Policy statement is available upon request.

18. – Confidential information and intellectual property

18.1 – You agree to maintain the confidentiality of all confidential information you obtain as a result of your employment. In particular you agree not to disclose any confidential information relating to the Company, its Clients, or their customers, suppliers or contractors which you receive as a result of your employment and which is by its nature confidential, or which you are informed is confidential. You agree too that this obligation shall continue throughout your employment and after it ceases without limitation in time and that you have a personal responsibility to protect and maintain confidentiality of that information. You must not, except as authorised or required by law or the Company, reveal any confidential information relating to the Company or its Clients or any of their customers, suppliers or contractors to any third party. You agree also to sign an express confidentiality agreement or undertaking in respect of these matters if required to do so by the Company or a Client.

18.2 – All rights in the nature of intellectual property rights (including but not limited to copyright, inventions, patents, registered designs, unregistered designs, technical information or know how or similar rights as well as the right to apply for registered protection for any such rights) which are made, devised, discovered or arise as a result of, or during the course of, any work done by you, whether alone or with others, during the course of your employment must be promptly disclosed to the Company and shall vest in such person as the Company may determine.

18.3 – You shall not disclose details of any inventions, discoveries or designs or other matters made devised or discovered by you during your employment whether alone or with others, or any plans or proposals in relation to such matters which the Company or a Client communicates to you, to any third party (other than the Client) without the Company’s prior written consent.

18.4 – The Company shall be entitled to direct you, and you agree to follow its instructions, in dealing with the physical documents, drawings, models, samples, prototypes and the like which are prepared by you during the course of your employment.

18.5 – Should the Company be required by any contract with its Clients or other third parties to transfer or pass on any intellectual property rights, you will cooperate in any formal steps required by the Company to put that obligation into effect, including, but not limited to, signing or executing any documents or instruments which the Company or its Clients require you to sign or execute to assign or transfer intellectual property rights in the work you have carried in the course of your employment.

18.6 – You hereby assign to the Company (in so far as title does not automatically vest in the Company as a consequence of your employment) all copyright, designs and other proprietary rights arising in any works or material produced by you during your employment and waive all moral rights arising from any such works or material.

19. – Post termination restrictions

19.1 – Your employment will involve you working for Clients and with their employees. You acknowledge that the Company is entitled to protect its business by requiring you to agree that you will not work for Clients directly without the agreement of the Company for a reasonable period after you cease to work for the Company, and that you will not solicit staff to leave the Company or its Clients.

19.2 – Save to the extent agreed otherwise in writing by the Company, you agree that for a period of 6 months following the termination of your employment with the Company, you will not directly or indirectly on your own behalf or in conjunction with or on behalf of others:

19.3 – The provisions of this clause 19 shall apply only to Assignments in respect of which you have Opted-Out pursuant to the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

20. – Company property
On the termination of your employment you must return all Company and Client property which is in your possession or under your control at that time in accordance with the directions of the Company including, but not confined to, all documents belonging to the Company or Clients and all copies of the same (in both hard copy and machine readable form), office keys, security pass, credit cards, phones, computers, tools and office equipment and any motor car or other property of any type whatsoever.

21. – General

21.1 – The Company reserves the right to vary this Agreement. Any variations will be notified to you in writing within one month of the variation. Such changes will be deemed to be accepted by you unless you notify the Company of any objections within two weeks of receipt of notice of the variation.

21.2 – If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not in any way be affected or impaired thereby.

21.3 – Any failure by the Company to enforce its rights under this Agreement does not constitute acceptance of any breach, or a waiver of its rights in relation to such a breach. For the avoidance of doubt, the Company reserves the right to take enforcement action at any time following a breach of this Agreement by you.

21.4 – Employers Ni will be deducted from your gross wage.

21.5 – Any waiver by the Company of a breach by you of any part of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision hereof.

21.6 – This Agreement shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

23 – A fee is applicable.

24 – You are still required to fill out our sign up form if you are trading through a limited company.

 

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VAT registration number: 325 8555 83
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