Contract for Services for Agency Nurse/Carer
Between TRUST agency, acting as an Employment Business and herein after referred to as
_________________________
1. These terms constitute a “contract for services” between us and you and
govern all Assignments undertaken by you as a temporary/sessional worker with each
service user. However no contract shall exist between TRUST agency and the
temporary worker between Assignments.
2. For the avoidance of doubt, these Terms, should you choose through our agency
on a regular basis,, shall not give rise to a contract of employment between TRUST
agency and the agency worker. The agency worker is engaged as a temporary worker
although we are required to make "statutory deductions from the temporary worker
remuneration in accordance with clause 4 and meet obligations for holiday pay
3. No Changes will be made to these Terms, unless such changes are agreed
with the agency Worker, set out in writing and a copy given to the temporary worker.
4. .We agree to offer you opportunities to work where there is a suitable Assignment
with a hirer, (hereinafter called the Client) requiring such a worker.
5. .We.. reserve the right to offer any Assignment to such agency workers as we elect
where that Assignment is open to several workers.
6. You acknowledges the nature of agency work means that there may
be periods when no suitable work is available, the suitability of the work
to be offered will be determined solely by the Employment Business, .We
shall incur no liability to the agency worker should it fail to offer
opportunities to work.
7. .We shall pay to the agency worker remuneration calculated at the actual hourly rate
notified on a per Assignment basis for each hour worked during an Assignment to be paid
weekly in arrears, subject to deductions in respect of PAYE pursuant to sections
44-47 of the Income Tax (Earning & Pensions) Act 2003 and Class 1 National
Insurance Contributions and any other deduction which we may be required by law to make.
The hourly rate will be no less than £6.24 per hour for Agency carers and 10.70 for agency nurses .
8. The agency worker is under no obligation to accept any offer of an Assignment, but if
he/she does so, he/she shall at all times when services are due to a Client comply
with the following conditions:
a) Not to engage in any conduct detrimental to the interests of our agency and oneself.
This includes any and all discriminatory or abusive behaviours towards clients and
service users as listed in our policy handbook.
b) To be present during the times or for the total number of hours during each
day and/or weeks as may be agreed.
c) To take all reasonable steps to safeguard his/her own safety and the safety
of any other person who may be affected by his/her actions at work..
d) To comply with all disciplinary rules or obligations in force when services are performed
to the extent that they are reasonably applicable.
e) To comply with all reasonable instructions and requests within the scope of the agreed
services made either by our agency or the Client or that listed in a care plan if one
exists at the time.
f) If the agency worker does not wish to complete an assignment which is part of
a series of calls, which may give rise to an additional agency worker being required
for a half hour call (+) at a specific time, unless serious duress is identified, and
especially if other agency workers are involved in the same case and report
similar duress, the agency will endeavour as soon as possible to remove
the worker from this call. However the agency reserves the right to
judge each case on merit and from all reports available.
g) The agency worker acknowledges we reserve the right to follow all RQIA/ Equality Comission
/ NI SCC / Dept of Emply/ Learning regulations in ensuring we address, investigate and make
decisions upon misconduct and neglect or abuse of vulnerable individuals to whom we have
been asked to support their service or care. You agree we can make an enhanced disclosure
application at any timeThis may include referral to the POCVA ISA team in specific
circumstances where an incident has occurred.
9. At the same time as an Assignment is offered to the worker, we shall inform
the worker of the identity of the Client and, if applicable, care plan / ward duties,
the date work is to commence, duration or likely duration of the work; the
type of work, location and hours during which the worker would be required
to work; the rate of remuneration to be paid and any expenses payable by or
to the 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, we shall inform the worker what experience, training, qualifications and
authorisation are required either by law or by a professional body and that the Client deems
necessary to work in the assignment. This information will be given/shown
to the worker in written or electronic form no later than 3 days after being
offered the assignment.
10. If, before the first Assignment or within the relevant period which is
either; during the course of an Assignment, 14 weeks from the start of the
first Assignment (each Assignment where there has been a break of 6 weeks
since the end of the previous Assignment shall be considered a first
Assignment) or 8 weeks from the day after the last day that the temporary
worker worked on the Assignment, the client wishes to employ the
temporary worker direct or through another employment
business, the temporary worker acknowledges we will be entitled either to
charge the client a fee or agree an extended period of hire, at the end of
which the temporary worker may be engaged directly by the Client or
through another employment business without further charge to the client.
This also applies where the client introduces the temporary worker to
a 3rd party who subsequently engages the temporary worker within
the relevant period.
11. During and at the end of each week of an Assignment (or at the end of a
individual care case/ or each fortnight), the agency worker shall complete
our timesheet to indicate the hours worked during the preceding fortnight,
signed by an authorised representative/ co-ordinator.
12. Subject to clause 8.3 we shall pay the agency worker for all hours
worked regardless of whether we have received payment from the
Client for those hours.
13. It is the agency workers obligation to complete the timesheet and
get an appropriate authorised signature – failure to do so may result
in delayed payment until next pay fortnight.
14 Temporary agency workers are paid fortnightly via bank account.
15 Due to the nature of nursing/caring work, there is no obligation by us to
provide or the agency worker to serve, any nominal number of hours in any day
or week. The hours of work agreed for each Assignment will be stated at the time
as workers may be involved in the temporary care of the terminally ill.
Failure to attend or leaving an Assignment for any reason without
prior reasonable notification or outside policy boundaries : you agree
this will result in the automatic termination of your temporary workers contract.
16 There is 2 week’s notice required for a) the agency worker to terminate
the employment and b) for us. to terminate their temporary workers
employment. However, .we. will endeavour to give the temporary worker
at least one days notice and would appreciate if the temporary
worker would return this gesture.
17 We and you agree the nature of caring work is such there may be periods
between Assignments when no work is available.
18 We may instruct you to end an Assignment witith a Client at any time.
19 If the worker is ill or likely to be late, he/she must inform the office or
co-ordinator immediately. If he/she wishes to end an Assignment or
needs to take time off, the branch must be contacted immediately and
reasonable time offered for the co-ordinator to make other arrangements.
20 If you wishe to work more than 48 hours in a week, he/she is legally obliged to sign
an 'opt-out' form. This document can be obtained from and must be retained
at his/her local branch. If you do not sign an Opt Out form, calculating
the average weekly hours will be taken over a 17 week period and will start
from the start date of the assignment.
21 AGENCY workers are entitled pro rata annual leave. To claim this holiday pay the
temporary worker must give 2 weeks notice to our office. This money is to be paid
to cover time away from work for the purpose of annual leave. When a
temporary worker leaves and claims their P45, holiday pay will be paid
into the temporary worker's nominated Bank/building society account
on the week that the P45 is issued.
22 AGENCY workers are entitled to benefits associated with temporary worker
benefits, except redundancy, (unless stated on their contract for services
with the customer concerned), after the relevant qualifying periods. Sadly given
the nature of the clients from whom we receive payments for temporary support - we do
not always receive "end dates" so are unable to guarantee the work.
23. We reserve the right to pay temporary workers any other benefit which would
help us as a licenced agency, to provide continuity in the quality of our service,
even in a temporary work environment and where our contractors also have no
idea as to how long a specific placement may last nor have agreed with us in
contract any or no specific number of hours but "as and when". This may include
SSP or SMP.
24) You agree to maintain the confidentialiality of any information shown / given to
you regarding placements, about your placements etc. This does not affect your
ability to whistle blow on a specific placement should you feel it appropriate at the time.
25) Given the nature of the nursing / caring field, you agree to attend meetings / training
updates/ case conferences as provided / purchased by the agency for your benefit, for
which you may not receive payment financially, where attending benefits you as well
as the agency.