Terms of Engagement

 

“Agency Workers Regulations” means the Agency Workers Regulations 2010;

“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Kingston Barnes or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or Kingston Barnes or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

“Data Protection Laws” means the UK’s Data Protection Act 2018, the EU Data Protection Directive 95/46/EC, the General Data Protection Regulation or EC Regulation 2016/679 (“GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable, any guidance notes and codes of practice issued by the European Commission and applicable national regulators (including where relevant the UK Information Commissioner);

“Deductions” means any deductions which Kingston Barnes may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;

“Emoluments” means any pay in addition to the Actual QP Rate of Pay;

“Employment Business” means Kingston Barnes Limited (registered company no. 07263566) of 36 Queen Square, Bristol, BS1 4QS;

 “Engagement” means the engagement, employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“First Assignment” means:

(a) the relevant Assignment; or

(b) if, prior to the relevant Assignment:

i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

ii. the relevant Qualifying Period commenced in any such assignment,

that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);

“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;

“Hirer's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

“Hourly Rate” means a rate equal to the National Living Wage or National Minimum Wage, as appropriate, being the minimum rate of pay (subject to Deductions) that Kingston Barnes reasonably expects to achieve, for all hours worked by the Agency Worker.

“Irregular Hours Worker” means a worker whose paid hours of work in relation to a leave year in each pay period during the term of their contract in that year is, under the terms of their contract, wholly or mostly variable as defined under Regulation 15F (1)a WTR 1998. 

“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave which runs from 1^st January to 31^st December each year;

“Part Year Worker” means a worker who in relation to a leave year, under the terms of their contract, is required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they are not paid as defined under Regulation 15F (1) b WTR 1998.

“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;

“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;

“Relevant Period” means (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by Kingston Barnes; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;

“Rolled Up Holiday Pay” means pay due to a worker in respect of leave to which the worker is entitled which must be paid at the same time as a worker’s remuneration for work in accordance with Regulations 16A,16(1) and 15B of WTR 1998.

“Temporary Work Agency” means as defined in the Schedule to these Terms;

“Terms” means these terms of engagement (including the attached schedule) together with any applicable Assignment Schedule;

“Transfer Fee” means the fee payable by the Hirer to Kingston Barnes in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations;

“Type of Work” means the type of work the Agency Worker selected within their application form which was completed at the same time these terms were issued and which will form part of these terms.

“Working Time Regulations” means the Working Time Regulations 1998.

1.2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation.

1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

2. THE CONTRACT

2.1. These Terms constitute the entire agreement between Kingston Barnes and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between Kingston Barnes and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.

2.2. During an Assignment the Agency Worker will be engaged on a contract for services by Kingston Barnes on these Terms.  For the avoidance of doubt, the Agency Worker is not an employee of Kingston Barnes although Kingston Barnes is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between Kingston Barnes and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between Kingston Barnes and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

2.4. Kingston Barnes shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker for Assignments with its Hirers.

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1. Kingston Barnes will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by Kingston Barnes.

3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:

3.2.1. the suitability of the work to be offered shall be determined solely by Kingston Barnes; and

3.2.2. Kingston Barnes shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work.

3.3. At the same time as an Assignment is offered to the Agency Worker Kingston Barnes shall provide the Agency Worker with an Assignment Schedule setting out the following: 

3.3.1. the identity of the Hirer, and if applicable the nature of their business;

3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;

3.3.3. the Type of Work, location and hours or days during which the Agency Worker would be required to work;

3.3.4. the Actual Rate of Pay or Actual QP Rate of Pay that will be paid and any expenses payable by or to the Agency Worker;

3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks; and

3.3.6. what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.

3.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following save where:

3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or

3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, Kingston Barnes needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.

3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, Kingston Barnes shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.

3.6. For the purpose of calculating the average number of weekly hours or days worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first Assignment.

3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that Kingston Barnes will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, Kingston Barnes will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Schedule or any variation to the relevant Assignment Schedule (as appropriate).

3.9. If the Agency Worker considers that s/he has not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with Kingston Barnes setting out as fully as possible the basis of his/her concerns.

4. TEMPORARY WORKER’S OBLIGATIONS

4.1. The Agency Worker is not obliged to accept any Assignment offered by Kingston Barnes but if the Agency Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:

4.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;

4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours or days of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;

4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;

4.1.4. not engage in any conduct detrimental to the interests of Kingston Barnes and/ or Hirer which includes any conduct which could bring Kingston Barnes and/or the Hirer into disrepute and/or which results in the loss of custom or business by either Kingston Barnes or the Hirer;

4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of Kingston Barnes' or the Hirer's staff;

4.1.6. not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or Kingston Barnes’ employees, business affairs, transactions or finances;

4.1.7. on completion of the Assignment or at any time when requested by the Hirer or Kingston Barnes, return to the Hirer or where appropriate, to Kingston Barnes, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.

4.2. If the Agency Worker accepts any Assignment offered by Kingston Barnes, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at Kingston Barnes' request, the Agency Worker undertakes to:

4.2.1. inform Kingston Barnes of any Calendar Weeks in the last 12 months prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;

4.2.2. provide Kingston Barnes with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by Kingston Barnes; and

4.2.3. inform Kingston Barnes if, in the last 12 months, s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:

4.2.3.1. completed two or more assignments with the Hirer;

4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or

4.2.3.3. worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.

4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform Kingston Barnes within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform Kingston Barnes within these timescales, the Agency Worker should alternatively inform the Hirer and then Kingston Barnes as soon as possible.

4.4. If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify Kingston Barnes without delay.

4.5. The Agency Worker acknowledges that any breach of his/her obligations set out in this clause may cause Kingston Barnes to suffer loss and that Kingston Barnes reserves the right to recover such losses from the Agency Worker.

5. TIMESHEETS

5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to Kingston Barnes a timesheet duly completed to indicate the number of hours (to the nearest quarter hour) or days (to the nearest half day) worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer or Company.

5.2. Subject to clause 5.3 Kingston Barnes shall pay the Agency Worker for all hours (to the nearest quarter hour) or days (to the nearest half day) worked regardless of whether Kingston Barnes has received payment from the Hirer for those hours or days.

5.3. Where the Agency Worker fails to submit a properly authenticated timesheet Kingston Barnes shall, in a timely fashion, conduct further investigations into the hours or days claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours or days. This may delay any payment due to the Agency Worker. Kingston Barnes shall make no payment to the Agency Worker for hours or days not worked.

5.4. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Schedule or any variation to the relevant Assignment Schedule which Kingston Barnes may make for the purpose of compliance with the Agency Workers Regulations.

6. REMUNERATION

6.1. Kingston Barnes shall pay to the Agency Worker the Actual Rate of Pay unless and until the Agency Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis and as set out in the relevant Assignment Schedule or email to the worker.

6.2. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, Kingston Barnes shall pay to the Agency Worker:

6.2.1. the Actual QP Rate of Pay; and

6.2.2. the Emoluments (if any),

which will be notified on a per Assignment basis and as set out in the relevant Assignment Schedule or email any variation to the relevant Assignment Schedule.

6.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from Kingston Barnes or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

6.4  Subject to compliance with Regulation 12 of the Conduct Regulations, the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.

7. ANNUAL LEAVE

7.1. Subject to clause 7.3, the Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks.

7.2. Entitlement to payment for leave under clause 7.1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the pay period at the rate of 12.07%.

7.3. Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Schedule or any variation to the relevant Assignment Schedule.

7.4. Subject to clause 7.3, the amount of payment which the Agency Worker will receive in respect of periods of annual leave accrued during the course of an Assignment will be calculated in accordance with, and paid in proportion to, the number of hours or days which the Agency Worker has worked on Assignments.

7.5 Subject to clause 7.3, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year, provided the Agency has not opted to pay rolled up holiday pay.

7.6. Except where this clause is amended by the Assignment Schedule, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 7.3 (if applicable), the Agency Worker may, upon giving the notice in clause 7.5, take a bank holiday or other public holiday as part of his/her paid annual leave entitlement.

7.7 Where these Terms are terminated by either party, the Agency Worker shall repay to the Employment Business an amount in respect of any holiday periods taken in excess of the holiday entitlement for that year and the Agency Worker hereby authorises the Employment Business to take repayment of such monies by way of deduction from any final payment owed to the Agency Worker.

8. SICKNESS ABSENCE

8.1. The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.

8.2. The Agency Worker is required to provide Kingston Barnes with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.

8.3. For the purposes of the Statutory Sick Pay scheme qualifying days are those on which the Agency Worker would normally work during this Assignment.

8.4. In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, Kingston Barnes will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination Kingston Barnes may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Schedule to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

9. TERMINATION

9.1. Save for clauses 9.2, 9.3, 9.4 and 9.5 below, any of Kingston Barnes, the Agency Worker or the Hirer may terminate the Assignment in writing at any time without prior notice or liability unless a specific notice period is required and set out in a relevant Assignment Details Form.

 9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between Kingston Barnes and the Hirer. In the event that the contract between Kingston Barnes and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours or days worked by the Agency Worker up to the date of termination of the Assignment).

9.3. If the Agency Worker does not inform the Hirer or Kingston Barnes that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as an immediate termination without notice of the Assignment by the Agency Worker, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.

9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above Kingston Barnes will be entitled to immediately terminate without notice the Assignment if the work to which the Agency Worker was assigned is no longer available.

9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 3 weeks, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.

10. INTELLECTUAL PROPERTY RIGHTS

The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all such documents and do all such acts as Kingston Barnes shall from time to time require in order to give effect to its rights pursuant to this clause.

11. CONFIDENTIALITY

11.1. In order to protect the confidentiality and trade secrets of any Hirer and Kingston Barnes and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:

                11.1.1. not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or Kingston Barnes as a necessary part of the performance of its duties) to disclose to any person or to                        make use of any of the trade secrets or the Confidential Information of the Hirer or Kingston Barnes with the exception of information already in the public domain;

11.1.2. to deliver up to the Hirer or Kingston Barnes (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and

11.1.3. not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or Kingston Barnes as appropriate.

12. DATA PROTECTION

12.1. Information relating to an individual (or from which an individual may be identified) is called “personal data”. In processing personal data, Kingston Barnes and the Hirer are required to comply with the law on data protection. To achieve this, Kingston Barnes and the Hirer have adopted policies as communicated to the Agency Worker from time to time.  The Agency Worker must read these and comply with them in carrying out his or her work.  If the Agency Worker is unclear how the policies apply or, more generally, what the Agency Worker needs to do to comply with the law on data protection, the Agency Worker should speak to your point of contact.

12.2. In complying with the law on data protection, Kingston Barnes and the Hirer are required to comply with what are known as data protection principles.  These are summarised in the relevant policies.  In performing his or her role and carrying out his or her responsibilities, the Agency Worker must do his or her best to ensure that Kingston Barnes and the Hirer comply with these principles.
12.3. A key element of the data protection principles is the duty to ensure that data is processed securely and protected against unauthorised or unlawful processing or loss.  Kingston Barnes’ and the Hirer’s policies set out more detail.  Key elements include the following:

12.2.1. The Agency Worker must ensure that laptops, memory sticks, phones and other mobile devices are password protected and encrypted.  The Agency Worker must not take such devices outside the office without encryption.  The Agency Worker must take care of them and keep them secure.

12.2.2. The Agency Worker must use strong passwords, changing them regularly and not sharing them with unauthorised colleagues.

12.2.3. The Agency Worker must not access other individuals’ personal data unless in the course of his or her work.

12.4. The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause Kingston Barnes or the Hirer to breach any Data Protection Laws.

12.5. If the Agency Worker discovers a data breach, s/he must notify your manager immediately – and, if possible, within one hour.  Depending on context, the Agency Worker may then need to provide further information on the circumstances of the breach.

12.5.1. A data breach occurs when there is destruction, loss, alteration or unauthorised disclosure of or access to personal data which is being held, stored, transmitted or processed in any way.  For example, there is a data breach if the Hirer’s servers are hacked or if the Agency Worker loses a laptop or USB stick or sends an email to the wrong person by mistake. Failure to notify a breach or to provide information as set out above will be treated seriously.

12.5.2. Further information regarding how Kingston Barnes or the Hirer handle data breach is available in the relevant policies.

12.6. For information on the nature of the data that Kingston Barnes and the Hirer process, why the data is processed, and the legal basis for processing and related matters, please refer to the relevant privacy notices. In summary:

• • • Kingston Barnes and the Hirer process personal data relating to the Agency Worker for the purposes of its business including management, administrative, employment and legal purposes. 

    • Kingston Barnes and the Hirer monitor its premises and the use of its communication facilities, including using CCTV cameras, monitoring compliance with its data and IT policies, and where non-compliance is suspected, looking in a more targeted way.

12.7. The summary above is for information only.  Kingston Barnes and the Hirer do not, in general, rely on the Agency Worker’s consent as a legal basis for processing.  Agreeing the terms of this Agreement will not constitute the Agency Worker giving consent to Kingston Barnes and the Hirer processing of the Agency Worker’s data.

12.8. Kingston Barnes and the Hirer reserve the right to amend the policy and protocol documents referred to above from time to time.

13. SEVERABILITY

If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

14. NOTICES

All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.

15. GOVERNING LAW AND JURISDICTION

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

SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY”

For the purpose of the definition of "Qualifying Period" in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:

    (a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency Worker is not working;

    (b) the break is:

        (i) for any reason and not more than six Calendar Weeks;

        (ii) Wholly due to the fact that the Agency Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by Kingston Barnes, the Agency Worker has provided such written medical evidence  as may reasonably be required;

        (iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks  of pregnancy) or, if earlier, when the Agency Worker returns to work;

        (iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:

                i. ordinary, compulsory or additional maternity leave;    

                ii. ordinary or additional adoption leave;

                iii. ordinary or additional paternity leave;

                iv. time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or

                v. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;

(v) wholly due to the fact that the Agency Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

(vi) wholly due to a temporary cessation in the Hirer's requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Hirer;

(vii) wholly due to a strike, lock-out or other industrial action at the Hirer's establishment; or

(viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and

(c) the Agency Worker returns to work in the same role with the Hirer,

any weeks during which the Agency Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii, or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of "Qualifying Period".

"Temporary Work Agency" means as defined in Regulation 4 of the Agency Workers Regulations being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:

(a) supplying individuals to work temporarily for and under the supervision and direction of hirers; or

(b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.

Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers. For the purpose of this definition, a "hirer" means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.