This Temporary Workers Terms of Engagement is a contract for services between a temporary agency worker and an employment business in connection with the provision of the agency worker's services to a client. This Agreement complies with both the Agency Workers (Amendment) Regulations 2019 (Agency Workers Regulations or AWR) and the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (Conduct Regulations) which came into force on 6 April 2020.

Under this Temporary Workers Terms of Engagement the temporary workers are introduced and supplied by the employment business to provide services to the client of the employment business. The details of each particular assignment are set out in a booking placement form contained in the schedule.

This Agreement is limited to only those temporary workers that are individuals i.e. not engaged through a personal service company or under an umbrella company arrangement and, not employed by either the employment business or the client. If the temporary workers supplied by the employment business to provide services to the client are self-employed or employed by either the employment business or the client different considerations must apply.

In accordance with the Conduct Regulations employment businesses must take steps to ensure agency workers assigned to hirers are the best match for the available work. Furthermore before an employment business provides any services to an agency worker it must agree the terms that will apply between itself and the agency worker, including the type of work that will be sought on the worker's behalf. Employment businesses are also required to include a statement in the terms that they will be operating as an employment business in relation to the agency worker.

Under the AWR agency workers supplied by a "temporary work agency" to work temporarily for and under the supervision and direction of a hirer are entitled to equal treatment when they have undertaken the same role, whether on one or more assignments, with the same client for 12 continuous calendar weeks. Thus, by virtue of the AWR, after the temporary worker has completed a qualifying period of 12 continuous calendar weeks the temporary worker is entitled to the same basic working and employment conditions to which he would have been entitled had he has been directly recruited by the client. This covers terms relating to pay, working time and holiday entitlement. Until 5 April 2020 it was possible to derogate from the requirement to provide equal pay for agency workers (but not other aspects of basic working and employment conditions) where the agency worker entered into a permanent employment contract with the employment business containing certain minimum requirements and is paid a minimum amount between assignments, the so called "Swedish derogation model". The Agency Workers (Amendment) Regulations 2019 came into force on 6 April 2020 and removed the Swedish derogation provisions set out in Regulations 10 and 11 of the Agency Worker Regulations 2010 from that date, meaning that all agency workers will have a right to pay parity after 12 weeks.

Please note: 

• This Temporary Workers Terms of Engagement is a contract for services, it is drafted on the basis that there is no permanent employment contract between the employment business and the agency worker, thus the Swedish derogation model never applied to this type of engagement. Therefore the employment business will be responsible for any breach of the agency worker's entitlement to basic working and employment conditions.

• This Temporary Workers Terms of Engagement complies with The Agency Workers (Amendment) Regulations 2019 (Agency Workers Regulations) and the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 (Conduct Regulations) which came into force on 6 April 2020.

• Under the Conduct Regulations it is unlawful for an employment business to make payment of remuneration to a worker conditional on receiving payment from the client for that worker, or on receiving a signed time sheet. The Conduct Regulations require employment businesses to provide agency work-seekers with a Key Information Document, before agreeing the terms by which the agency work-seekers will undertake work. The document must include information such as the type of contract under which the agency work-seekers will be engaged, the minimum rate of pay, any deductions that will be made to their pay, how they will be paid and by whom, and annual leave entitlement. The document must be succinct (no more than 2 pages of A4) and easy to understand. It is not intended to be contract of employment, but instead to outline key information. The employment business will need to be able to demonstrate that the document has been given to the worker.

For Terms and Conditions for the Supply of Temporary Staff by an Employment Business, see: Terms and Conditions for the Supply of Temporary Staff by an Employment Business

This Temporary Workers Terms of Engagement contains the following clauses:

1. Definitions and Interpretation

2. Agreement

3. Assignments

4. Temporary to Permanent

5. Rights and Obligations

6. Pay

7. Time Sheets

8. Leave

9. Sickness

10. Termination

11. Intellectual Property Rights

12. Confidentiality

13. Data Protection

14. Pension

15. Warranties and Indemnities

16. No Partnership or Agency

17. Benefits

18. Training

19. Entire Agreement

20. Third Party Rights

21. Notices

22. Severance

23. Governing Law and Jurisdiction

       SCHEDULE 1 - Booking Placement Form

This Temporary Workers Terms of Engagement Template is in Microsoft Word format, written in plain English, easy to use and edit.

RELATED DOCUMENTS:

• Terms and Conditions for the Supply of Temporary Staff by an Employment Business