HGV Staffing

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This section contains the main terms and conditions of employment which govern your service.with the Company.

Reg 5 PAYE April 2021

TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
(1) HGV Staffing Ltd is registered in the UK under registration number 12980053 who’s registered
C/O Mmr Accountant 57 Cheetham Hill Road, Manchester, Greater Manchester, England, M4 4FS

(hereinafter referred to as "we", "us" or "the Company")

(2) (hereinafter referred to as "you")

IT IS AGREED as follows:

1. General
1.1 These Terms and Conditions are issued by the Company pursuant to its obligation to provide its employees with a written statement of the main terms and conditions of their employment as required by Section 1 of the Employment Rights Act 1996 and in accordance with the Employment.
Act 2002 and the Working Time Regulations 1998.

1.2 It is agreed that these Terms and Conditions of Employment and any Assignment Schedule set out the entire agreement and understanding of the parties.

2. Duties
2.1 You are employed by the Company in the capacity of Driver. You will be required to undertake such duties and responsibilities as may be determined by the Company from time to time. Should your job role change during the course of your employment, a revised assignment schedule will be provided.

2.2 The Company reserves the right to vary your duties and responsibilities at any time and from time to time according to the needs of the Company's business.

2.3 You will remain employed by the Company during any period when you are not on assignment. Termination of an assignment will not automatically terminate these Terms and Conditions of Employment.

2.4 You shall, at the Company's request, provide confirmation of your identity, right to work in the UK and written references and shall cooperate in any checks in relation to experience, training, qualifications, skills, ability and authorisations relevant to the performance of the services.

3. Date of Commencement
Your employment with the Company begins on commencement of your first assignment. No other period of employment counts towards that employment.

4. Notice
4.1 Notice to be given by the Company:
Length of continuous service Minimum period of notice
From 1 month up to 2 years One week

From 2 years up to 12 years Two weeks and one additional week for each continuous year of employment in excess of two years
12 or more years 12 weeks

4.2 Notice to be given to the Company:
Length of continuous service Minimum period of notice
Less than one month One day
One month onwards One week

4.3 We reserve the right in our absolute discretion to pay you salary in lieu of notice.

4.4 Nothing in this Contract prevents us from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by you.

5. Place of Work
You do not have a normal place of work. You will be required to work at any of the Company’s premises or at the premises of its Customers, Clients, Suppliers or Associates, including worldwide (Only for periods of less than one month), as the Company may determine from time to time.

6. Hours of Work
6.1 You do not have any normal hours of work. Hours will be notified to you in advance of your starting each assignment, including the hours that you will be required to work, which days of the week you will be required to work and whether you will be paid for lunch breaks. By the nature of temporary work assignments, both the hours and the days that you work will be variable.

6.2 It is a condition of your employment that you work flexibly in accordance with these requirements. The Company will give you as much advance notice as is reasonably practicable of the hours you will be required to work.

6.3 For the avoidance of doubt, there may be periods when there is no work available to you. In this regard, you will be employed by the Company during any period when you are not on assignment. Accordingly, you agree that you will hold yourself available to accept suitable offers of work for the Company at all times upon the provision of reasonable notice. Providing that you do this, we do object to your taking outside work, subject to your notifying us of the role and hours that you will be working elsewhere.

6.4 You agree to work hours which exceed the maximum average weekly working time limit of 48 hours imposed by the Working Time Regulations 1998. You may withdraw this opt out at any time by giving the Company three months written notice.

6.5 You are required to complete a timesheet for each pay week that you work. Failure to submit a timesheet or submission of an incomplete or inaccurate timesheet may delay payment to you.

6.6 Details of terms and conditions relevant to each assignment in respect of working time, night work, rest periods or rest breaks will be advised to you in advance of your starting each assignment.

7. Remuneration
7.1 Your rate of pay will at all times be no less than the National Minimum Wage/National Living Wage in force at the time you perform services during an assignment, per hour worked and this will be termed your "Gross for Tax" on your payslip.

7.2 No pay is due in respect of any period between assignments when you do not perform any work.

7.3 Unless otherwise agreed, payment will be made weekly in arrears directly into your nominated bank account on Friday of each week in respect of the hours worked in the preceding week.

7.4 You agree that the Company may deduct from your remuneration any sums due from you to the Company including, without limitation, any overpayments, loans or advances made to you by the Company. If the final payment is insufficient to allow for the whole amount of any deduction, you will be required to repay any outstanding amount due to the Company within the terms agreed.

8. Agency Workers Regulations (AWR)
8.1 The AWR came into force on 1 October 2011, giving you the entitlement to the same basic employment and working conditions as if you had been recruited directly, if and when you complete a qualifying period of 12 weeks in the same job. The Company will be treated as a "Temporary Work Agency" for the purposes of these Regulations.

8.2 Under the AWR, from day one, you will become entitled to receive access to certain collective facilities and amenities and information relating to vacancies, as are available to a comparable worker as identified by the Client.

8.3 When the qualifying 12 week period has been completed, you will also become entitled to "basic working and employment conditions" as if you had been recruited directly. Such rights include equal treatment on pay, duration of working time, night work, rest periods, rest breaks and annual leave, commonly known as "Regulation 5 Rights".

9. Holidays
9.1 You are entitled to 5.6 weeks holidays per year which will be prorated for part time staff and which includes public/bank holidays.

9.2 The holiday year commences on 1st January and finishes on 31st December.

9.3 If your employment commences or finishes part way through the holiday year, your holiday entitlement will be prorated accordingly.

9.4 Entitlement to leave accrues in proportion to the amount of time worked by you during the leave year.

9.5 You will earn holiday pay at the rate of 12.07% of the pay shown as "Gross for Tax" on your pay slip (which is represented as the National Minimum Wage/National Living Wage in force at the time entitlement to holiday pay accrued). Unless otherwise agreed, the accrued amount will be retained in
a holiday fund and will be paid to you when you take annual leave. You will be paid for each day of holiday authorised by the Company at an hourly rate calculated on the basis of your average income over the 52 weeks preceding the holiday.

9.6 Holidays must be taken at times convenient to the Company. You must obtain approval of proposed holiday dates in advance from your Company representative. You will not be allowed to take more than two weeks at any one time, save at the Company's discretion. You must not book holidays until your request for approval has been formally agreed.

9.7 All holiday must be taken in the year in which it is accrued.

9.8 If, on termination of employment, you have exceeded your prorated holiday entitlement, the Company will deduct a payment in lieu of days holiday taken in excess of your entitlement and you authorise the Company to make a deduction from the payment of your final salary. If you have holiday entitlement still owing, the Company may, at its discretion, require you to take your holiday during your notice period or make a payment in lieu of untaken holiday entitlement.

10. Sickness Absence
10.1 In the event of your absence for any reason, you should contact your Company representative at the earliest opportunity on the first day of the absence to inform them of the reason for the absence. You must inform the Company as soon as possible of any change in the date of your expected return to work.

10.2 A self-certification form should be completed for absences of up to seven days.

10.3 For periods of sickness of more than seven consecutive days, including weekends, you will be required to obtain a Statement of Fitness for Work (Fit Note)/Medical Certificate and send this to your Company representative within seven days. A new Fit Note/Medical Certificate should be sent periodically as required by the Company.

10.4 If you are absent for four or more days by reason of sickness or incapacity, you may be entitled to Statutory Sick Pay (SSP), provided that you have met the requirements above. For the purposes of the SSP scheme, a qualifying day is a day on which you would normally work. There is no contractual right to payment in respect of periods of absence due to sickness or incapacity. Any
such payments are at the discretion of the Company.

10.5 The Company has the right to monitor and record absence levels and reasons for absences. Such information will be kept confidential.

10.6 The Company may require you to undergo a medical examination by a nominated medical practitioner and may request copies of your medical records at any stage of your employment. You agree to authorise the release of your records and such medical practitioner to prepare a medical report detailing the results of the examination, which you agree may be disclosed to the Company.
The Company will bear the cost of such medical examination and any costs associated with the obtaining of medical records. Such an examination or request for records will only be made by the Company where it is reasonable to do so.

11. Conduct on Assignment
11.1 During every assignment and afterwards, where appropriate, you will:
a) Cooperate with the Client's staff and accept the direction, supervision and control of any responsible person in the Client's organisation;
b) Observe any relevant rules and regulations of the Client's establishment to which attention has been drawn, or which you might reasonably be expected to ascertain;
c) Unless arrangements have been made to the contrary, conform to the normal hours of work in force at the Client's establishment;
d) Take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions on the assignment and comply with the health and safety polices of the Client;
e) Not engage in any conduct detrimental to the interests of the Client or the Company;

11.2 The Client or the Agency has a right to carry out a "for cause" alcohol and/or substance test. Failure to comply may lead to disciplinary action which could result in dismissal.

11.3 If you are unable for any reason to attend work during an assignment, you should contact your Company representative at the earliest opportunity on the first day of absence, to enable alternative arrangements to be made.

11.4 You agree that upon the end of your employment, should you have failed to comply with one of the following requests of your employer, then the appropriate deduction in relation to the action of misconduct will be taken from your last pay processed by your employer:
- If you fail to return any equipment issued free of charge, in a good, working condition (with the exception of general wear and tear) such as key fobs or personal protective equipment (PPE)
- If you fail to pay any parking fines or speeding tickets incurred by you whilst utilising Company vehicles

12. Pension
12.1 The Company will comply with the employer pension duties in respect of your pension rights in accordance with Part 1 of the Pensions Act 2008.

12.2 A contracting out certificate is not in force.

13. Health and Safety
13.1 You are under a statutory duty under the Health and Safety at Work Act 1974 to observe all health and safety rules and to take all reasonable care to promote the health and safety of yourself and others.

13.2 Whilst employed by the Company you must comply with all the Company's rules, regulations and policies from time to time in force and rules which the Company's Clients/Customers may require you to observe whilst working on their premises.

14. Restrictions and Confidentiality
14.1 You may not, without the prior written consent of the Company, devote any time to any business other than the business of the Company or to any public or charitable duty or endeavour during your normal working hours.

14.2 You will not at any time, either during your employment or afterwards, use or divulge to any person, firm, or company, except in the proper course of your duties during your employment by the Company, any confidential information identifying or relating to the Company, its Clients, Customers, Associates or Suppliers, details of which are not in the public domain.

15. Collective Agreements
There are no collective agreements relevant to your employment.

16. Grievance Procedure
The formal grievance procedure/policy is available on request from the Company representative. This policy does not form part of your terms and conditions of employment.

17. Disciplinary Procedure
The disciplinary rules applicable to your employment are set out in the Company Disciplinary Rules and Procedure which is available upon request from your Company representative. This policy does not form part of your terms and conditions of employment.

18. Data Protection
18.1 The personal data that you provide to us will be processed for the necessary performance of this contract of employment in accordance with the current data protection legislation and any legal obligation which the Company is subject to in its role as your employer.

18.2 By signing these Terms and Conditions of Employment, 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 may use such information during the Company's business. You agree that the Company may disclose such information to third parties in the event that such disclosure is, in the Company's view, required for the proper conduct of the Company's business or that of any associated company.

18.3 In the event that we need to process any sensitive personal data or pass any sensitive personal data on to a third party, we will contact you to obtain your specific consent.

19. Changes to Terms and Conditions of Employment
The Company reserves the right to vary these Terms and Conditions of Employment and any such change will be notified to you in writing. Any change will be deemed to have been accepted by you unless you notify the Company of any objections within 7 days of receiving notification of the variation.

20. Severability
The various provisions of these Terms and Conditions of Employment are severable and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.

21. Governing Law and Jurisdiction
The Terms and Conditions of Employment shall be governed by and construed in accordance with the laws of England and Wales. Issued for an on behalf of HGV Staffing Ltd.

HGV Staffing are acting as an Employment Agency in respect of permanent recruitment and as an Employment Business in respect of temporary recruitment.