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 includes references, where relevant, to the
Agency Workers Regulations 2010.
This document is in compliance with the GDPR (General Data Protection
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
and should not be confused with an employment agency.
This template 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.
Note that since 1st October 2011, the Agency Worker Regulations 2010 will
apply to assignments that last more than 12 weeks (or more than 12 weeks in
aggregate, for a series of shorter assignments). Brief reference is made to
the AWR in Clause 6, but employment businesses must implement processes to
ensure that they comply with the regulations in practice.
These terms are designed specifically for employment businesses. For
employment agencies – that is – those who introduce work-seekers to clients
for direct employment, a different set of terms should be applied.
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
6. The Employment Business’s Obligations
7. The Temporary Worker’s Obligations
9. Sickness, Absence and Leave
10. Intellectual Property
14. Force Majeure
16. How We Use Your Personal Data (Data Protection)
18. No Waiver
19. Dispute Resolution (Arbitration)
20. Law and Jurisdiction
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