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The holiday year runs from 1st of April to the 31st March.
You are entitled to 28 days (including Bank Holidays) based on accrued hours for each holiday year. All holidays must be taken during the current holiday year or they will be lost, under no circumstances will Will Barnes Ltd carry holidays over or money paid in lieu.
Holidays are accrued on an hourly basis (0.5 days per week based on working 39 hours per week) and paid by a mean average of total hours worked over the last 52 weeks. Any sickness, lateness or non attendance will lower your accrual.
At least 1 weeks’ notice has to be given for any holiday requests and requested in writing by email to us. All up-to-date contact details can be found on our website.
Following termination of your assignment, requests for outstanding holidays must be made in writing within 4 weeks via email.
The above statement is in accordance with Section 224 of the Employment Act 1996.
I hereby give my consent to Will Barnes Ltd to process the following information:
Date of Birth
Contact details, including telephone number, email address and postal address
Experience, training and qualifications
National insurance number
Sensitive personal data
Disability/health condition relevant to the role
I consent Will Barnes Ltd to process the above personal data for the following purposes:
To provide me with work-finding services,
to process or transfer my personal data to their client(s) in order to provide me with work-finding services,
to process my data on a computerised database in order to provide me with work-finding services,
to process my data using automated decision making processes,
include any other relevant purposes for processing personal data.
I also consent Will Barnes Ltd processing my personal data with third parties for the purposes of internal audits and investigations carried out on the Company to ensure that the Company is complying with all relevant laws and obligations.
I understand that if I work for Will Barnes Ltd, some details to be kept for 7 years for payroll purposes.
I am aware that I have the right to withdraw my consent at any time by informing the Company that I wish to do so.
1.1 In this Agreement the following definitions apply:
“Agency Worker” means the Agency Worker supplied by the Employment Business to provide services to the Hirer;
“Assignment” means the period during which the Agency Worker is supplied to provide services to the Client;
“Client” means the person, firm or corporate body using the services of the Agency Worker;
“Employment Business” Will Barnes Limited (registered company no. XXXXXX of Address
“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; and
“Working Week” means an average of 48 hours each week calculated over a 17-week reference period.
1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.
The Working Time Regulations 1998 (as amended) provide that the Agency Worker shall not work on an Assignment with the Client in excess of the Working Week unless s/he agrees in writing that this limit should not apply.
The Agency Worker hereby agrees that the Working Week limit shall not apply to the Assignment.
4.1 The Agency Worker may end this Agreement by giving the Employment Business confirmation in writing without any notice period.
4.2 For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Agency Worker of an Assignment with a Client.
This Agreement is governed by the law of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.
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.
1.1 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.
2.1 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.
3.1 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.
4.1 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.
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.
6.1 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.
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.
8.1 The Company pays holiday each week in your pay at 12.07% each hour you work.
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.
10.1 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.
11.1 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.
12.1 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.
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.
14.1 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.
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.
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.
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