Tipngo Recruitment Registration Form

PPE

APPLICATION FORM

BANK DETAILS – PLEASE PAY MY WAGES INTO THE FOLLOWING ACCOUNT. (WAGES CAN BE PAID ONLY INTO OWN OR PERSONAL JOINT ACCOUNT)

MEDICAL QUESTIONAIRE

             TIPNGO provides specialist recruitment and outsourcing solutions for the warehouse and logistics centres. This involves placements and engagements in warehouses and distribution centres. The work required includes the use of heavy items, warehouse machinery. Manual lifting, the handling of heavy items are intrinsic functions of the roles available with TIPNGO therefore, it will not be possible for these tasks to be avoided. As a result of this, TIPNGO is required to ask you a series of necessary questions about your health for the purpose of establishing whether you are able to perform those functions. In establishing your ability to carry out the intrinsic functions of the post we will take into account your ability to do so with reasonable adjustments in place should they be required.

If you are interested in registering for a warehouse position (which does not involve food handling or food processing in any way) please complete questionnaire I below.

             TIPNGO is also aware of its duty to make reasonable adjustments for disabled job applicants during the recruitment process. TIPNGO is fully aware of its obligations under the Equality Act 2010 in respect of the request for this information and acts fully in compliance with the provisions of that legislation. Therefore, please let us know if you require any reasonable adjustments to take part in the recruitment process.

Please answer all questions and sign where indicated. The information you provide on this form will be treated with the highest levels of confidentiality.

If you are applying for a warehouse position, please complete the information below by ticking yes or no to each box:

HM Revenue & Customs

Starter Checklist
Tell your employeer of your circumstances so that you do not pay too much or too little tax.

Full name: {name-2-first-name} {name-2-middle-name} {name-1}

Date of Birth: {date-6}

National Insurance number: {text-3}

If your start date is not yet known please leave the Employment Date as today’s date.

These questions will help you to choose the statement that matches your circumstances. The statement you choose helps your employer to apply the correct tax code.

10. Since 6 April have you received payments from: *

• another job which has ended
• or any of the following taxable benefits
• Jobseeker’s Allowance (JSA)
• Employment and Support Allowance (ESA)
• Incapacity Benefit

For more information about tax codes, go to www.gov.uk/tax-codes

Statement A
This is my first job since 6 April and since the 6 April I have not received payments from any of the following:

• Jobseeker’s Allowance
• Employment and Support Allowance
• Incapacity Benefit

Statement B
Since 6 April I have had another job but I do not have a P45. And/or since the 6 April I have received payments from any of the following:

• Jobseeker’s Allowance
• Employment and Support Allowance
• Incapacity Benefit

Statement C
I have another job and/or I am in receipt of a State, workplace or private pension.

Key

Jobseeker’s Allowance (JSA) is an unemployment benefit which can be claimed while looking for work.

Employment and Support Allowance (ESA) is a benefit which can be claimed if you have a disability or health condition that affects how much you can work.

Incapacity Benefit is help if you could not work because of an illness or disability before 31 January 2011. State Pension is a pension paid when you reach State Pension age.

Workplace pension is a pension which was arranged by your employer and is being paid to you. Private pension is a pension arranged by you and is being paid to you.

Please note that no other Government or HMRC paid benefits need to be considered when completing this form.

12. Do any of the following statements listed below apply: *

• you’re still studying on a course that your student loan relates to
• you completed or left your course after the start of the current tax year, which started on 6 April
• you’ve already repaid your loan in full
• you’re paying the Student Loans Company by Direct Debit from your bank to manage your end of loan repayments

Employees, for more information about the type of loan you have or to check your balance, go to

www.gov.uk/sign-in-to-manage-your-student-loan-balance

Employers, for guidance on student loans and which plan or loan type to use if your employee has selected more than one, go to www.gov.uk/guidance/special-rules-for-student-loans

You have Plan 1 if any of the following apply:

• you lived in Northern Ireland when you started your course
• you lived in England or Wales and started your course before 1 September 2012

You have Plan 2 if:

You lived in England or Wales and started your course on or after 1 September 2012.

You have Plan 4 if:

You lived in Scotland and applied through the

Students Award Agency Scotland (SAAS) when you started your course.

You have a postgraduate loan if any of the following apply:

• you lived in England and started your postgraduate master’s course on or after 1 August 2016
• you lived in Wales and started your postgraduate master’s course on or after 1 August 2017

you lived in England or Wales and started your postgraduate doctoral course on or after 1 August 2018

Declaration

Date: {date-2}

GDPR - Consent Declaration Form

I, {name-2-first-name} {name-2-middle-name} {name-1} , hereby give my consent to the Company to process the following information:

Personal Data

• Full Name
• Date of Birth
• Contact details, including telephone number, email address and postal address.
• Experience, training and qualifications.
• CV
• National Insurance number
• Any other relevant personal data relevant to your job application i.e. proof of residency details, address, reference contact details

Sensitive personal data

• Disability/health condition relevant to the role
• Criminal conviction
• Any other relevant sensitive personal data

I consent to the Company processing the above personal data for the following purposes:

• For the Company to provide me with work-finding services
• For the Company to process with or transfer my personal data to their client/s in order to provide me with work-finding services
• For the Company to process my data on a computerised database to provide me with work-finding services
• Include any other relevant purposes for processing personal data.

I also consent to the Company 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.

The consent I give to the Company will last for the entire period that I am registered with them.

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.

I, {name-2-first-name} {name-2-middle-name} {name-1} , acknowledge that I have read and understand the GDPR - Consent Declaration Form.

Date {date-2}

Grievance Procedure

1. Purpose of the procedure/Introduction

TIPNGO ’s aim is to ensure that employees with a grievance relating to their employment can use a procedure which can help to resolve grievances as quickly and as fairly as possible.

The object of the procedure is to provide an employee who considers that he or she has a grievance with an opportunity to have it examined quickly and effectively, and where a grievance is deemed to exist, to have it resolved, if possible, at the earliest practicable opportunity.

This procedure is designed to deal with those issues that need to be approached on a more formal basis.

This grievance procedure is entirely non-contractual and does not form part of an employee’s contract of employment.

If a grievance cannot be settled informally with the relevant line manager, the employee should raise it formally. This procedure has been drawn up to establish the appropriate steps to be followed when pursuing and dealing with a formal grievance.

2. Informal discussions

If an employee has a grievance about their employment, they should discuss it informally with his/her immediate supervisor. Most issues or grievances can be solved on an informal basis with line managers, and employees should aim to settle their grievances in this way if possible.

3. Stage 1 – statement of grievance

If the employee feels that the matter has not been resolved through informal discussions, they should, in the first instance, put their grievance in writing and address it to Alexandru Vornicescu (TIPNGO account manager) making clear that they wish to raise a formal grievance under the terms of this procedure. This grievance procedure will not be invoked unless the employee raises their grievance in accordance with these requirements.

4. Stage 2 – the grievance meeting

Alexandru Vornicescu will then invite the employee to a grievance meeting to discuss the grievance and the employee has the right to be accompanied at this meeting by a trade union official, a trade union representative or a fellow employee of their choice. The employee must make every effort to attend the meeting. At the meeting, the employee will be permitted to explain their grievance and how they think it should be resolved.

Please note, that it is prohibited for employees to record (whether covertly or otherwise) the proceedings at the grievance meeting, and at any appeal meeting, without the express permission of TIPNGO. If TIPNGO discovers that an employee has done this covertly, the employee could be dismissed.

Following the meeting, TIPNGO will endeavour to respond to the grievance as soon as possible and, in any case, within 5 working days of the grievance meeting. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected.

The employee will be informed in writing of TIPNGO’s/Client’s decision on the grievance and notified of their right to appeal against that decision if they are not satisfied with it.

5. Step 3 – appeal

In the event that the employee feels his or her grievance has not been satisfactorily resolved, the employee may then appeal in writing, addressed to TIPNGO account manager to a more senior manager or to a Director of TIPNGO within 5 working days of the grievance decision. The employee should also set out the grounds for their appeal.

On receipt of such a request, a more senior manager or a Director (who again may not be the person to whom the appeal was addressed) shall make arrangements to hear the grievance at an appeal meeting and at this meeting the employee may again, if they wish, be accompanied by a trade union official, a trade union representative or a fellow employee of their choice. The employee must make every effort to attend the appeal meeting.

Following the meeting, the senior manager or Director will endeavour to respond to the grievance as soon as possible and, in any case, within 5 working days of the appeal hearing. If it is not possible to respond within this time period, the employee will be given an explanation for the delay and be told when a response can be expected. The employee will be informed in writing of TIPNGO’s/Client’s decision on their grievance appeal.

This is the final stage of the grievance procedure and TIPNGO’s decision shall be final.

Manual Handling Technique

1. Stop and think

Plan the lift. Where is the load to be placed? Use appropriate handling aids if possible. Do you need help with the load? Remove obstructions such as discarded wrapping materials. For a long lift, such as floor to shoulder height, consider resting the load mid-way on a table or bench to change grip.

2. Position the feet

Feet apart, giving a balanced and stable base for lifting (tight skirts and unsuitable footwear make this difficult). Leading leg as far forward as it is comfortable and if possible, pointing in the direction you intend to go.

3. Adopt a good posture

When lifting from a low level, bend the knees, but do not kneel or over flex the knees. Make sure you keep your back straight, maintaining its natural curve (tucking in the chain helps). Lean forward a little over the load if necessary, to get a good grip. Keep the shoulders level and facing in the same direction as the hips.

4. Get a firm grip

Try to keep the arms within the boundary formed by the legs. The best position and type of grip depends on the circumstances and individual preference; but must be secure. A hook grip is less tiring than keeping the fingers straight. If you need to vary the grip as the lift proceeds, do it as smoothly as possible.

5. Keep close to the load

Keep the load close to your body for as long as possible. Keep heaviest side of the load next to your trunk. If a close approach to the load is not possible, slide it towards you before trying to lift.

6. Don't jerk

Lift smoothly, raising the chin as the lift begins, keeping control of load.

7. Move the feet

Don't twist the trunk when turning to the side. If it is necessary, put the load down first, and then slide it into the desired position.

8. Put down then adjust

HEALTH & SAFETY POLICY

Health and Safety as a Work Policy Statement in Accordance with the Health and Safety at Work etc Act 1974.

The Company is committed to providing a safe working environment and to care for the health and safety of its employees. The Company has a strict policy that it will comply with the provisions of the Health and Safety Work Act 1974 and all associated regulations and codes of practice that are made and may come into force under it from time to time. The Company will comply with what is regarded as best practice in relation to the work that it carries out. The following is a general policy statement.

COMPANY RESPONSIBILITY

The Directors have ultimate responsibility for Health and Safety matters and are committed to ensuring that standards are upheld, and that enough funding and training is made available. At all times the Company will conduct its activities in such a manner as to ensure that the health and safety of its employees are not affected and that they are not exposed to risk. Where risks exist, the Company will do everything that is reasonable to reduce them. In this respect there are two broad areas that the Company will seek to ensure means that the health and safety of its employees will be placed first.

LINE OF RESPONSIBILITY

It is important that there is a clear recognition of the lines of responsibility in relation to health and safety matters so that areas of health and safety are not ignored or neglected. In this respect the general lines are:

1. Overall responsibility for health and safety policy rests with the Directors of TIPNGO.
2. Overall responsibility for the day to day implementation of Health and Safety Policy rests with H&S Manager of the site where you work.
3. The Company takes its duties of consultation very seriously and responsibility for consultation with employees on health and safety issues rests with the head of the site where you work. Where appropriate this consultation will take place through trade unions or staff representatives.
4. On a day to day basis, managers have responsibility for implementing health and safety policies and employees must ensure that they comply with all rules, regulations, instructions or other measures to ensure health and safety at work and they must co-operate with their managers in this respect.
5. On a day to day basis there are set procedures should an accident occur, and employees should be fully acquainted with these procedures and know who your health and safety at work representative is. The person to whom any queries should be directed in relation to any accident you may have at work is the line manager or any other manager on site.

THE COMPANY’S RESPONSIBILITIES.

The Company carries out the following in order to ensure that the health and safety standards are complied with:

1. Assessment of risks in the workplace to the health and safety of employees and identification of measures that need to be implemented to comply with all health and safety obligations. Periodic risk assessments are carried out for this purpose.
2. The provision of:
   1. A safe place of work by ensuring that all equipment, machinery and safety devices thereon, locations and means of access and egress to the workplace are such that the environment is safe;
   2. All necessary safety equipment and clothing:
   3. Instruction and training to ensure safety standards are complied with.
3. The establishment of clear emergency procedures.
4. Regular consultation with the workforce to ensure that they are fully aware of safety matters, can air their concerns and that there is full co-operation between the Company and the workforce.

THE EMPLOYEE’S RESPONSIBILITIES

In order to assist the Company in ensuring safety standards are met, the employee has a responsibility to ensure that he/she is fully conversant with all requisite standards and any failure to comply with health and safety standards may amount to a disciplinary offence. As part of this duty the employee should:

1. Actively co-operate with the Company to ensure that this health and safety policy is met by complying with all safety instructions or directions that are issued, ensuring that the health and safety of other persons are taken into account by complying with all health and safety requirements and by using all safety equipment or clothing that has provided.
2. Ensure that any equipment or machinery is used in accordance with safety instructions. Immediately report any malfunction or other difficulty with machinery or equipment that could be a risk or health hazard.
3. Report any accidents that occur and co-operate in any investigation.

SMOKING POLICY

In keeping with current regulations, it is against the law to smoke in the premises. The Company provides an external smoking area. The definition of smoking includes E cigarettes.

REPORT INJURY AT WORK

Any injury at work or accident must be IMMEDIATELY reported to your supervisor who will make an entry in the unit accident book. Any queries must be addressed to the head of your site. This policy is for your own good and must be adhered to. If there are any queries about the policy, you may contact the head of site or the personnel manager who may consult with the Directors and/or Health & Safety Consultant.

THE EMPLOYEE’S RESPONSIBILITIES

You should be fully conversant with this fire policy, which is for your own safety:

a) The workplace

You should make yourself fully aware of your nearest fire exit and alternative exits and you should be aware of the details of the procedures and assembly points in the event of a fire. These are posted on notice boards and you should be familiar with them. A Fire Marshall is appointed to your area/floor and their name is on the notice boards. Regular drills will be carried out to ensure everyone knows the procedure.

b) If you witness a fire

Evacuate the building immediately and head towards the assembly point

Do not attempt to tackle a fire yourself unless you have been trained and are able to do so.

The Company wants healthy staff, not heroes!

c) In the event of a fire

In the event of a fire the Fire Marshall will be responsible for the evacuation of your floor. You should follow the Fire Marshall’s instructions. You should in any event make your way to the nearest exit. You should leave immediately in a calm and orderly manner and should not stop to collect personal possessions or any other items.

DO NOT GO BACK INTO THE BUILDING UNLESS YOU ARE INSTRUCTED THAT IT IS SAFE TO DO SO.

TERMS OF ENGAGEMENT

1. DEFINITIONS AND INTERPRETATIONS

1.1. In these terms of engagement, the following definitions apply:

“Actual rate of pay” – means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;

“Actual QP Rate of Pay” – means the rate of pay which will be paid to the Agency Worker if and when she completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;

"Agency Worker" means {name-2-first-name} {name-2-middle-name} {name-1}

“Agency Work Regulations” means the Agency Workers Regulations 2010.

“Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay;

“Assignment” means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;

“Assignment Details Form” means written confirmation of the assignment details given to the Agency Worker prior to commencement of the Assignment;

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

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Business 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 Employment business or their businesses 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 Agency Worker or any other third party in relation to the Assignment by the Hirer or the Employment Business 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.

“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and “CONTROLS” and “CONTROLED” shall be construed accordingly;

“Data Protection Law” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations enforced from time to time relating to the protection and transfer of personal data;

“Deductions” means any deductions which the Employment Business may be required by law to make 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 TIPNGO LTD: Registered Office, 66 DUNNOCK ROAD, Corby, NN18 8FP. Registered No. 08960782 England.

“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, directly or indirectly, on a permanent or temporary basis, whether under a contract of services 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:

1. 1. 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
   2. the Relevant Qualifying Period commenced in any such Assignment, that assignment (an assignment being (for purpose of this defined term) a period of time during which The Agency Worker is supplied by one or more Agency Worker Agencies to the relevant Hirer to work temporary 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 introduced;

“Hirers 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 Company 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, the minimum rate of pay (subject to Deductions) that the Employment Business reasonably expects to achieve by the Agency Worker;

“Leave Year” means the period during which the Agency Workers accrues and may take statutory leave commencing 6th of April current year and ending 5th of April the following year. Each worker can accrue a maximum of 28 days paid holiday, accrued at the rate of 12.07% of any hours worked during the assignment. Bank Holidays are paid, only if requested, out of your holiday entitlement. Any paid holiday must be booked off in writing, in advance, at least twice as long as the amount of holiday requested, with the agency representative and signed by the immediate supervisor.

“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 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 the Employment Business; 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 the 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;

“Temporary Work Agency” means as defined in Schedule 1 to these Terms;

“Terms” means these terms of business together with any applicable Assignment Details Form;

“Transfer Fee” means the fee payable in accordance with clause 8 of these Terms and Regulations 10 of the Conduct Regulations;

“Type of Work” means warehouse operative; and

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

1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
2. The headings contained in these Terms are for convenience only and do not affect their interpretation;
3. 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 contract between the Employment Business 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 the Employment Business and the Agency Worker between Assignments. These terms shall prevail over any other Terms put forward by the Agency Worker.

2.2 During the Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business 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 the Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

2.3 No variations or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and are 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 of which the variations were made stating the date on or after which such varied Terms shall apply.

2.4 The Employment Business shall act as an Employment Business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing Agency Workers for Assignments with the Hirers.

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1. The Employment Business 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 an Assignment offer by the Employment Business.

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 the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Agency Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Agency Worker and the Employment Business during periods when the Agency Worker is not working on an Assignment. For the purposes of clarity, the Agency Worker is not under on-going obligation to provide his services and the Employment Business is not under an on-going obligation to contract for such services.

3.3 At the same time as an Assignment is offered to the Agency Worker the Employment Business shall inform the Agency Worker of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Agency Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Agency Worker; and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition, the Employment Business shall inform the Agency Worker what experience, training, qualification and any authorisation required by law or a professional body the Client 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 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 the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker had previously been supplied within the previous five business day and such information has already been given to the Agency Worker.

3.5 For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment, the start date for the relevant averaging period under the working time regulations shall be the date on which the Agency Worker commences the first Assignment.

3.6 If, before the first Assignment during the course of an Assignment or within the relevant period the Client wishes to employ Agency Worker direct or through another Employment Business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client at the end of which the Agency Worker may be engaged directly by the Client or through another Employment Business without further charge to the Client. In addition, Employment Business will be entitled to charge a fee to the Client if the Client introduces the Agency Worker to the third party, and subsequently engages the Agency Worker within the relevant period.

4. AGENCY WORKER’S OBLIGATIONS

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

a) Co-operate with Client's reasonable instructions and accept the directions, supervision and control of any reasonable person in the Client's organisation;

b) Observe any relevant rules and regulations of the Client's establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;

c) 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 Client;

d) Not engage in any conduct detrimental to the interests of the Client;

e) 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 Client's or the Employment Business' employees, business affairs, transactions or finances.

4.2. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Client and/or the Employment Business within one day of the commencement of the Assignment of shift.

4.3. If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.

4.4 The Agency Worker acknowledges that any breach of his/her obligations set out in this clause may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such loses from the Agency Worker.

5. TIME SHEETS

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 one week or less or is completed before the end of a week) the Agency worker shall deliver to the Employment Business a time sheet fully completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client.

5.2. Subject to clause 5.3. The Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.

5.3. Where the Employment Business fails to receive a properly authenticated time sheet for the hours completed on Client site, the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Client has refused to sign a time sheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours 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 caring out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises, lunch breaks and other rest breaks shall not count as part of the Agency Worker's working time for these purposes.

6. REMUNERATION

6.1. The Employment Business shall pay the Agency Worker the Actual Rate of Pay unless and until the Agency Worker completes the Qualifying Period. The actual rate will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.

6.2 If the Agency Worker has competed the Qualifying Period on the start date of the Relevant Assignment or following completion of the Qualifying Period during the relevant assignment, the Employment Business 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 set out in the relevant Assignment Details Form;

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 the Employment Business or the Client for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

6.4 If the Agency Worker had completed the Qualifying Period on the start date of the Assignment or following completion of the Qualifying Period during the Relevant Assignment, the Agency Worker may be entitled to receive a bonus. The Agency Worker will comply with any requirements of the Employment Business and/or the Client relating to the assessment of the Agency Worker’s performance for the purpose of determining whether or not the Agency Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Agency Worker is entitled to receive a bonus, the Employment Business will pay the bonus to the Agency Worker.

7. ANNUAL LEAVE

7.1 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 proportions to the amount of time worked by the Agency worker on Assignment during the Leave Year. Holiday pay during annual leave will take into account paid overtime that you work, and any shift allowance that you are entitled to be paid.  The holiday pay you will receive will be calculated based on the average pay, including any payment for overtime, and for shift allowance, of previous 52 weeks worked before your holiday leave, or however many complete weeks of data you have, if worked less than 52 weeks before your holiday leave.

7.3 Under the Agency Workers Regulations, on completions of the Qualifying Period the Agency Worker may be entitled to pay 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 Details Form or any variations to the relevant Assignment Details Form.

7.4 All entitlement to leave must be taken during the course of the Leave Year in which it accrues. None may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.

7.5 If the Agency Worker wishes to take paid leave during the course of an Assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause the Employment Business may give counter – notice to the Agency Worker to post pone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances the Employment Business will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.

7.6 Subject to clause 7.3, the amount of payment which the Agency worker will receive in respect of periods of annual leave taken during the course of an assignment will be calculated in accordance with and paid in proportions to the numbers of hours which the Agency Worker has worked on Assignment.

7.7 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), that day shall count as part of the Agency Worker’s paid annual leave entitlement.

7.8 Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 7.3 at the date of termination

7.9 The holiday year is from the 6st April current year to 5th April the following year.

8. SICKNESS ABSENCE

8.1. The Temporary 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 the Employment Business 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 purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an assignment and that qualifying day shall be the Wednesday in every week.

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, the Employment Business will in absolutes discretions 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 the Employment Business may consult with the Client 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 Details Form accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

9. TERMINATION

9.1. The Employment Business or the Client may terminate the Agency Worker's Assignment at any time without prior notice or liability.

9.2. The Agency Worker may terminate an Assignment at any time without prior notice or liability. 9.3. The Employment Business will provide to the Temporary Worker, PPE and Safety footwear equipment but, should the Temporary Worker not return them at the end of the Assignment, The Employment Business reserves the right to deduct the cost of them from the last pay.

9.3. If the Agency Worker does not inform the Client or the Employment Business (in accordance with clause 4.3) should they be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 9.1 unless the Temporary Worker can show the 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 9.1,9.2 or 9.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 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 three weeks, the Employment Business will forward his/her P45 to his/her e-mail address.

10. INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Hirer. Accordingly, the Employment Business shall use its reasonable endeavours to ensure that the Agency Worker shall execute all such documents and do all such acts in order to give effect to the Hirer’s right pursuant to this clause.

11. CONFIDENTIALITY

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

11.1.1 not at any time, whether during or after an assignment to disclose to any person or to male use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain.

11.1.2 to deliver up to the Hirer or the Employment Business at the end of each Assignment all documents and other materials belonging to the Hirer.

11.1.3 not at any time to make any copy, abstract, summary or precise of the whole or any part of any document or other material belonging to the Hirer.

12. DATA PROTECTION

12.1 The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all positions applicable to him/her under Data Protection laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Law.

12.2 The Agency Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Agency Worker to the Hirer (now or in the future), and the Hirer:

12.2.1 processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and

12.2.2 Exporting and/or processing his/her personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.

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 office is to be served or any other address that the party has notified the other party in writing, by e-mail or facsimile transmission. 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 or facsimile transmission, when that email or facsimile is sent.

15. LAW

15.1. These terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of *England &Wales

48 HOURS OPT OUT AGREEMENT

I {name-2-first-name} {name-2-middle-name} {name-1} agree that I may work for more than an average of 48 hours a week.

If I change my mind, I will give TIPNGO 2 weeks’ notice in writing to end this agreement.

HEALTH QUESTIONNAIRE

This questionnaire forms an integral part of our Client’s employment application process.

Please complete all sections.

Please tick the appropriate response where applicable.

We will only use your personal data including emergency contact details in case of emergency.

I consent to my personal details to be passed on to a third party including medical services in case of accident and illness.

Surname: {name-1}

First names: {name-2-first-name} {name-2-middle-name} 

Phone: {phone-1}

Date of Birth: {date-6}

Address:
{address-1-street_address}
{address-1-address_line}
{address-1-city}
{address-1-zip}

Emergency contact name and phone number: {text-1}

Do you currently suffer, or have you ever suffered, from any of the following?

MEDIA CONSENT QUESTIONNAIRE

TIPNGO LTD is promoting its brand and would like to display photos of workers as well as use these images and videos externally. By signing this form, you are granting the TIPNGO LTD, its directors, officers, employees, recruitment agency partners, clients, agency workers and potential candidates’ non-revocable permission to capture and use your image and likeness in photos or any other media.

DECLARATION:

I can confirm that the information given on this form is, to the best of my knowledge, true and accurate and gives a full and complete picture of my health in every respect.

I confirm that I, to the best of my knowledge, am fit and able to carry out the physical requirements of the role I am applying for.

I understand that if any of the information is found to be misleading or untrue, I may be subject to disciplinary action which may result in dismissal.