Tel: 01795 371 009
WILL BARNES LIMITED
TERMS AND CONDITIONS OF EMPLOYMENT
In terms of the Employment Rights Act 1996 (the “Act”) this document gives details of your terms and conditions of employment with the Company, as at the date of first assignment. You are also referred to the Company’s Employee Handbook (a copy of which is issued with this contact) which contains additional relevant information.
1. JOB TITLE AND DUTIES
1.1 You are employed as an Industrial Worker with effect from the date of first assignment.
1.2 You will be assigned from time to time to carry out work for Clients in your capacity as an Industrial Worker. In carrying out that work you agree to work under the direction of the Client at whose premises you are assigned to work from time to time and to carry out those duties in a loyal and trustworthy manner.
1.3 You agree that you may be transferred to a new Assignment at any time, without restriction to another location or Client, as directed by the Company.
1.4 You agree that the Company or the Client may terminate an Assignment at any time without prior notice or liability. Termination of an Assignment is not termination of your employment.
1.5 Whilst employed by the Company you must comply with all the Company’s rules, regulation and policies from time to time in force and any rules which the Client may require you to observe whilst working on their premises.
1.6 The Company will try to obtain Assignments for you. You acknowledge that there may be times when no Assignments are available.
2. COMMENCENT OF EMPLOYMENT
2.1 Your period of continuous employment with the Company will commence on the date of first assignment.
2.2 No employment with a previous employer counts as part of your period of continuous employment with the Company.
3. REMUNERATION
3.1 Whilst on Assignment you will be entitled to be paid in respect of the hours that you work. Payments will be made weekly in arrears directly into your bank account subject to deduction of tax and national insurance in respect of hours worked in the preceding week. You have no entitlement to pay in respect of any period when are not on Assignment.
3.2 Your basic rate of pay will be no less than the current National Minimum Wage currently in force per hours worked. Enhanced rates may be applicable during specific Assignments. Rates of pay may differ from one Assignment to another and you will be notified in advance of the specific rate applicable for each particular Assignment. You will be provided with such information at the beginning of each Assignment.
3.3 In addition to the basic rate of pay the Company may, at its absolute discretion, make bonus, commission, or incentive payments on such terms and on such conditions as the Company may, from time to time, decide and determine. There is no contractual or other entitlement to such payment sand any scheme or practise in relation to the same may be revised or withdrawn at any time at the Company’s absolute discretion.
3.4 For the purposes of the Employment Rights Act 1996, section 13-27, you agree that the Company may deduct from your remuneration any sums due from you to the Company including, without limitation, your pension contributions (if any), any overpayments, loans or advances made to you by the company and holiday pay under Clause 9.3 (b).
3.5 DBS checks are required by all Employees of Will Barnes Ltd and Will Barnes ltd will carry out a DBS check within your first 4 weeks of any assignment and a £20 fee will be deducted from your wages.
4. HOURS OF WORK
4.1 The Company is not entitled offer a minimum number of hours work. The provision of the Apportionment Act 1870 shall not apply to this contract. Your hours of work will vary according to the requirements of the Company and the Client. It is a condition of your employment with the Company that you work flexibly in accordance with the Clients requirements whilst on assignment with that Client through at all times you will remain subject to the overall control of the Company. You acknowledge that there may be periods when a particular Client has no work available for you and your attention is drawn to Clause 3.1 above. The Company can assign you to such other work as it has available with any other Client at any location and your attention is drawn to the provision of Clause 4.3 below.
4.2 The Company will give you as much advance notice as is reasonably practicable of the hours you be required to work.
4.3 It is a condition of your employment that you undertake work when required by the Company. If, without good cause, you decline or refuse to work on any particular assignment then the same shall be regarded as gross misconduct entitling the Company to terminate your employment.
4.4 Where overtime rate are applicable you will be notified of this at the start of any Assignment.
5. PLACE OF WORK
Your normal place of work will be given to you upon your commencement date. The Company may change your normal place of work by giving you such notice as is reasonably practicable in the circumstances and your attention is drawn to Clause 4.1. above.
6. NOTICE
6.1 If you wish to terminate your employment, you must give the Company one week’s notice in writing.
6.2 The Company must give you the follow periods or prior written notice to terminate your employment: –
a) Immediate notice if you have been continuously employed for less than 4 weeks;
b) Two weeks’ notice if you have been continuously employed for more than 4 weeks but less than 2 years; or
c) Three weeks’ notice if you have been continuously employed for more than 2 years but less than three years with an additional week’s notice for every year of continuous employment thereafter up to a maximum of 13 weeks’ notice for 12 or more years of continuous employment;
Whichever is greater.
6.3 There is no guarantee that work will be available during any notice period.
6.4 The Company reserves the right to terminate your employment without notice in the event of gross misconduct and you are referred to Clause 4.3 and to the Employee Handbook. For the avoidance of double Clause 4.3 and any examples contained in the Handbook do not represent an exhaustive list of circumstances that might constitute gross misconduct.
6.5 When you are not on Assignment you are obliged to contact the Company at regular intervals to confirm your availability to undertake further assignments. If you do not terminate your employment in accordance with Clause 6.1 above then, in the event that you fail to contact the Company for any continuous period of four weeks following the end of your last Assignment, you expressly agree that you will be deemed to have given notice of termination of your employment with immediate effect.
7. AGE DISCRIMINATION AND RETIRMENT
The company is committed to implementing the provisions of the Employment Equality (Age) Regulations 2006, and it does not have a policy of automatic normal retirement at age 65. In the event that you are in the employ of the Company on or beyond your 65th birthday and are served with a Notice of Intention to terminate your employment by reason of retirement then you still have the right to request to continue working beyond the then stated intended retirement age and the Company will consider that request. Any such request must be made in writing and in accordance with provisions of the Employment Equality (Age) Regulation 2006, the Company policies and procedures. If you believe you have been discriminated against by reason of age and with to raise a grievance in respect of the same, or if you wish to make a request to work beyond a specified retirement date, then please refer to your Employee Handbook for details of the relevant policy and procedures.
8. HOLIDAYS AND HOLIDAY PAY
8.1 The Company pays holiday each week in your pay at 12.07% each hour you work.
9. SICKNESS OR OTHER ABSENCE
9.1 If you are absent from work for any reason you must inform William Barnes prior to the commencement of your agreed start time on your first day of absence and on any subsequent days of absence.
9.2 Any absence due to sickness, injury or accident, should be covered by a self-certification form and any sickness that continues for more than 7 consecutive days (including weekends), must be covered with a medical certificate to cover that absence. If you remain absent from work, you must produce a medical certificate to cover the entire period while you are absent. The medical certificate must state the reason for the absence. If you do not follow these requirements, you may lose your entitlement to Statutory Sick Pay (“SSP”). You may also be subject to disciplinary action in terms of the Company’s disciplinary policy.
9.3 If you are absent from work due to sickness, injury or accident, and you comply with the requirements in this Clause and your earnings are sufficient to trigger entitlement to SSP in terms of the relevant legislation from time to time, you will be paid SSP.
9.4 The Company reserves the right to require you to undergo a medical examination conducted by a doctor nominated by the Company, at the Company’s expense.
10. PENSION
10.1 The Company operates a Smart Pension scheme, (if eligible), you will automatically be enrolled. But have an option of opting out within 30 days of receiving confirmation of your enrolment.
11. CONFIDENTIALITY
11.1 During your employment by the Company, you may learn trade secrets or confidential information which relates to the Company or any Client. 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 Client; or
c) Cause any unauthorised disclosures, through any failure to exercise due care and attention, of;
Any trade secrets of confidential information relating to the Company or any group company or any Client. You must at all times use your best endeavours to prevent publication or disclosure of any trade secrets or confidential information.
These restrictions apply both while you are employed by the Company, and after your employment with the Company terminates. The restriction with cease to apply to any information which becomes generally available to the public, otherwise than through a failure by you to observe these restrictions.
11.2 The Company may require you to enter into a specific agreement in relation to confidentiality issues or in respect of any inventions or discoveries you may make during the course of an Assignment.
12. DATA PROTECTION
12.1 By signing this statement, you acknowledge and agree that the Company is permitted to hold personal information about you as part of its personnel and other business records, and that the Company may use such information in the course of the Company’s business.
12.2 You agree that the Company may disclose information about you to third parties if the Company considers that to do so is 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.
13. HEALTH AND SAFETY
You should comply with the Health and Safety policy as contained in the Employee Handbook whilst working under the Client’s control. You must also comply with the Client’s Health and Safety policy and arrangements at all times whilst you are on assignment.
14. CHANGES TO TERMS OF EMPLOYMENT
14.1 The Company reserves the absolute right to vary or change any of your terms and conditions of employment.
14.2 You will be given not less than one month’s written notice of any significant changes, which may be given by way of an individual or general notice. You will be deemed to have accepted those changes at the expiry of the notice period. If you object to the changes then you must notify the Company accordingly in writing before the expiry of the notice period however the Company’s right to vary or change terms and conditions remains absolute.
15. PREVIOUS CONTRACTS
Any contract of employment which was previously issued to you by the Company will cease to have any effect on the date upon which you commence work under this contract. This contract will supersede any previous contract, whether of employment or for services.
16. ELIGIBILITY TO WORK IN THE UK
You confirm that you are legally entitled to work in the United Kingdom. If the Company discovers that you do not have permission to live and work in the United Kingdom, or if your permission to do so is revoked, the Company will be entitled to terminate your employment immediately without giving you any notice or paying you in lieu of notice. The Company can do so in those circumstances without giving you any warning in terms of the Company’s disciplinary procedure.