Employment Business Temporary Worker Terms and Conditions
These Employment Business Temporary Worker Terms and Conditions are designed for use by employment businesses (as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003) offering their services to temporary workers. This document regulates the relationship between the employment business and temporary workers seeking to use its services. It clearly sets out the obligations of both the employment business and the temporary worker with respect to key factors including payment, leave and absence, and intellectual property created by the temporary worker. This document is in compliance with the UK GDPR (UK General Data Protection Regulation).
This template refers to a "Representation Offer" letter and it is drafted in such a way as to enable all of the terms forming the contract between the employment business and the temporary worker to be set out in this terms and conditions document and that letter. A template Representation Offer template, designed to be used in conjunction with these terms and conditions, accompanies this document for that purpose.
An employment business is also required by the 2003 Regulations (as amended) to provide every temporary worker that it engages with a "Key Information Document (KID)". A template KID also accompanies this document for that purpose.
This template includes references, where relevant, to the Agency Workers Regulations 2010. Note that the Agency Worker Regulations 2010 apply to assignments that last more than 12 weeks (or more than 12 weeks in aggregate, for a series of shorter assignments). Employment businesses must implement processes to ensure that they comply with the AWR in practice.
The employment business will also need to use terms to regulate its relationship with its clients to whom it provides temporary workers such as the terms here.
These terms are designed specifically for employment businesses. It is important to note that an employment business specifically supplies temporary workers to its clients whereby the workers remain employed by (or under a contract of service / for services with) the employment business. An employment business should not be confused with an employment agency. For employment agencies, that is those who introduce work-seekers to clients for direct employment, a different set of terms (such as those here) should be applied instead.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Employment Business Temporary Worker Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. The Contract
3. The Representation Offer
4. The Services
5. Payment
6. The Employment Business’s Obligations
7. The Temporary Worker’s Obligations
8. Timesheets
9. Sickness, Absence and Leave
10. Intellectual Property
11. Liability
12. Indemnity
13. Termination
14. Force Majeure
15. Notices
16. How We Use Your Personal Data (Data Protection)
17. Severance
18. No Waiver
19. Third Parties
20. Law and Jurisdiction
[Schedule - Additional terms]
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