KINGSPAN WORKER ASSIGNMENT DETAILS
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Stand out with Castle:
Yorkshire’s leading recruitment agency
INDUSTRIAL & CONSTRUCTION
KINGSPAN WORKER
ASSIGNMENT DETAILS
Castle Industrial Office Number: 01723 500643
Payroll Office Number: 01723 861636
On Call Number: 07931 759956
aimee@castle-employment.co.uk
www.castle-employment.co.uk
2 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 3
CONTENTS
Welcom e 2 Pay rates at 19
Kingspan
Keeping in touch 4
Over v iew of rol e s at 20
Tim esheet s & get t ing 6 Kingspan
paid
Your Healt h & Sa fe t y 21
Sickness, A bsenteeism , 7 at Kingspan
A nnual leave & holiday
Cov id-1 9 22
Equal t reat m ent & 48 9 Manual Handl i ng 23
hour opt out
Golden r ule s 24
Pension schem e 10
Refer a fr iend 25
Wor king at Kingspan 11
R isk A ssessme nt 26
How to get to Kingspan 12
Policies 28
Dress code at Kingspan 15 Cont ract 30
Facilit ies and benefit s at 16 Confir m at ion 35
Kingspan
Cast le conta c t s 36
Dr ugs & Sm oking Policy 17
at Kingspan
Shift Pat ter ns 18
Welcome
Th a n k yo u for c h oosi n g to wo rk at K ing s p an Ltd thro ug h
Ca stle E mp l oy m en t G rou p (C astle).
We h o pe thi s K i n g s p a n A ss ig nment D etails b o o klet w ill
provide yo u w i t h a l l t h e i n fo rmatio n yo u need to make your
wo r k in g tim e w i t h u s r u n as s mo o thly as p o ss ib le.
Ple a s e e n s u re you keep t h i s b o o klet s afe and refer to it
th ro u gh o u t you r t i m e w i t h Castle.
4 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 5
KEEPING IN TOUCH WHILST
WORKING AT KINGSPAN
Keeping in regular contact with Castle whilst
you’re working at Kingspan is imperative to a
successful working relationship. If you are ever
unable to work at Kingspan you must let us know
asap.
Your main Castle contacts are:
Abi Cottle – Recruitment Consultant
Aimee Buck - Industrial Candidate Resourcer
Tina Tout – Industrial Manager
Contact Number: 01723 500643
Email Address: abi@castle-employment.co.uk and
aimee.buck@castle-employment.co.uk
There are 5 easy ways to keep in touch and hear about the latest
news and updates:
Social Media Call, Email or Visit us Website
At Castle, we share interview At Castle, we are always here Along with all our latest jobs,
tips and advice. We are available to help with any questions our website now features a
to chat through social media too you may have. ‘Castle Temp Zone’ which has
if you have any questions. lots of really helpful tips and
01723 500643 also where you will find all the
Facebook: @CastleEmployment- info@castle-employment.co.uk forms you will need whilst you
Group are placed at Kingspan Foods.
Twitter: @CastleEmploy
Instagram: @castleemployment www.castle-employment.co.uk
6 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 7
TIMESHEETS AND GETTING PAID SICKNESS & ABSENTEEISM
Timesheets - Deadline is MONDAY NOON If you are unable to go to work at Kingspan you must call your Castle
consultant ASAP and we will let Kingspan know ASAP and find cover
You will be required to sign in and out daily, your working for your shift if required. Once you return to work after your absence,
hours in your allocated working department team leader office. we will carry out a return to work interview.
Please ensure you complete your working hours daily and sign If you are going to be late or can’t attend Kingspan for any reason you
out, as your working hours will be confirmed from this from must call Castle as soon as possible.
your department Team Leader.
Please note – Kingspan weekly pay is from Saturday morning Night hours TEXT 07931 759956
until Friday night shift.
Office hours, Mon to Fri 9am to 5pm PHONE 01723 500643
07931 759956
Bank details and P46/P45’s Any other time PHONE 07931 759956
To ensure we pay you using the correct tax code from Inland
Revenue make sure you have given us your last P45 or completed ANNUAL LEAVE & HOLIDAY PAY
a P46 form. Castle will give you a P46 or you can download
from the Castle Temp Zone on our website. When?
If you have any pay or timesheet related queries please email The Castle holiday year for all our Kingspan workers runs from 6th
accounts@castle-employment.co.uk or call the direct payroll April to 5th April every year.
line on 01723 861636.
Please ensure you advise the office should any of your personal If you start work at Kingspan part way through the holiday year your
circumstances change e.g. address or bank details. holiday entitlement will be based on the period you start work, until
5th April. You are entitled pro-rata to the full year’s entitlement.
Pay and Payslips Who to ask?
In order to take holiday while on assignment at Kingspan, you must
The timesheets are processed for all the work completed in the
first ask your supervisor/ manager to authorise this. You are required
previous week (Saturday am - Friday pm).
to give Castle notice of at least twice the length of time you want to
take off. For example, if you want to take 5 days holiday you need to
Payslips are emailed to the email address you gave us and your
give Castle 10 days’ notice before the first day of your holiday. For full
pay will be in your bank account by Friday at the latest. Please
clarification please see clause 7.5 in your Contract of Services within
ensure you have given us your correct bank details. Payslips are
your Temporary Worker Handbook. You can get a holiday form from
password protected using the password you have given us. You
your supervisor.
will be paid for work the completed the previous week.
8 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 9
How do we calculate your holiday entitlement?
EQUAL TREATMENT
Whilst you work at Kingspan you will automatically accrue holiday pay in (when working at Kingspan on behalf of Castle Employment)
line with the statutory entitlement under the Working Time Regulations.
This is currently 5.6 weeks in a full year which includes Bank Holiday When you work at Kingspan for Castle Employment you will qualify
entitlement. for equal treatment in respect of pay and basic working conditions
(annual leave, rest breaks etc) from the first day of your placement.
How to take your holiday pay?
OPT-OUT OF A 48 HOUR WORKING
If you would like to claim any holiday pay for days that you are not AGREEMENT
working, you must complete a holiday request form. These can be
obtained from your supervisor, Castle consultant, from the HR office or The Regulations say that on average you should not be asked to work
from our Castle Employment Group website within the Temp Zone. more than 48 hours in each week taken over a 17-week period.
By signing the Opt-Out Agreement (which is at the bottom of the
Take one form into your supervisor to sign off, then it is your
temporary worker’s contract you sign) you will give yourself the
responsibility to place the signed form back into the holiday form box.
power to decide how many hours per week you want to work. It gives
you the right to plan your working week however you may wish.
You should not be paid instead of taking holidays and no holidays can be
carried over into next year’s entitlement. You are only entitled to receive
the amount of holiday pay that you have accrued. You are of course You are under no obligation to sign this form.
entitled to unpaid leave should you wish to. Castle encourage all our
Kingspan workers to take their annual leave, from a health & safety and a The Opt-Out Agreement is made under the provisions of the Working
well-being perspective. Time Directive (WTD) 1998 and as such forms part of your Contract
of Employment with Castle.
• The WTD Regulations provide that the worker shall not work in
How much holiday pay have you accrued?
excess of a 48-hour week averages over 17 weeks unless they have
agreed in advance to do so.
You can find out how much holiday pay you have accrued whilst working
at Kingspan by contacting the Castle office on 01723 861636 or email: • With effect from the 17th December 1999 workers who sign an
accounts@castle-employment.co.uk individual 48 Hour Opt-Out Agreement need not have their working
hours recorded for monitoring purposes.
Bank Holidays • Any worker that wishes to withdraw their Agreement to an existing
Opt-Out may do so after giving appropriate notice to their employer.
Your holiday entitlement calculation includes enough to cover UK Bank
Holidays. Therefore, if you do not work on a UK bank or public holiday
you can use a day’s holiday from your entitlement. If required you can
work and be paid for that day. (Please note, Good Friday is classed as a
normal working day at Kingspan)
Please note, when there is a Bank Holiday you will receive your pay slips
on a Thursday, and your pay will enter your account on a Friday.
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PENSION SCHEME (AUTO-ENROLMENT) WORKING AT KINGSPAN
Government legislation requires all employers to automatically enrol
Who are Kingspan?
their eligible workers into a pension scheme. The employer must also pay
money into the scheme. This is referred to as auto-enrolment. Castle have Kingspan is a global leader in high-performance insulation and building
chosen NEST as their auto-enrolment pension provider. envelope solutions. With 18 businesses operating in Great Britain
You do not need to do anything at all if you are happy to contribute into and the global Kingspan Group still headquartered in Ireland, they
your pension. You will receive a welcome pack from NEST once you have are committed to accelerating a net zero emissions future with the
wellbeing of people and planet at its heart.
been enrolled and this will have all the information you need, you can
then opt out if you wish, by contacting them via the details in the pack
provided by them.
PLEASE NOTE:
If you want to join a pension scheme earlier than 3 months of working for When working at Kingspan you must inform Castle and Managers
Castle, contact Castle’s Payroll Team in writing by sending a letter, which at Kingspan if you have a pacemaker fitted. This is due to a strong
must be signed by you. If sending it electronically, it must contain the magnet been in use at the factory.
phrase “I confirm I personally submitted this notice to join a workplace
pension scheme”. Please also inform Castle and Managers at Kingspan if you are
pregnant -this can be done confidently.
Postal Address:
Castle Payroll Team, 10A-11A Newchase Court, Eastfield, Scarborough, YO11 Where is Kingspan based?
3YS
Address: Main Street, Sherburn, Malton, YO17 8PQ
Contact Telephone: 01944 710591
Email Address:
timesheets@castle-employment.co.uk
You will then be sent further information and confirmation that you are
being enrolled. More information on pensions and saving for later life can
be found on:
https://www.gov.uk/workplace-pensions
YOUR PLACEMENT AND GDPR:
To complete a placement at Kingspan they require us to supply to them
some of your personal data. You can be assured that this personal data
will only be used for the purposes of your placement at Kingspan and
the storage of such falls under Kingspan’s GDPR obligations.
12 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 13
Who areTO
HOW Kingspan
GET TOFoods?
KINGSPAN? PLEASE NOTE: Throughout COVID-19 you will need to report to the
COVID wardens who are located opposite reception to have your
temperature checked.
Driving to Kingspan:
Kingspan is just off the main A64 between Scarborough and Malton. When
you get to the village of Sherburn will reach a set of traffic lights on theA64.
Turn into Sherburn onto St. Hilda’s Street. Continue down the road until you
reach the Kingspan entrance on the right.
You will need to drive up to reach the security desk. You will need to have a
visible car sticker on your vehicle that can be seen by security to be let in.
Castle have these and will provide you with one ready for your induction and
first shift. You will not be allowed onto the site without one unless you can
clearly identify who you are and why you are on site.
You will only need to report to the main reception for inductions, medical
assessments or if asked to collect items by your team leader.
Parking at Kingspan:
From the security gate, drive down toward the big car park on the right-
hand side as this is for Kingspan workers, please park here. If this car park is
full, please use the overflow car park which is back outside the security gate
off the main road.
When exiting your vehicle, before you walk across the car park you need
to ensure you have safety boots on and are wearing a Castle high viz vest.
Those not wearing the correct PPE will be asked to leave site as this would
breach health and safety policies on site.
14 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 15
When leaving the car park, please ensure you are following the Dress code at Kingspan?
designated walkways on site (walkway is coloured green inside the
factory). PPE- Safety boots and a Orange Hi Viz Vest (Castle branded). Any extra
You will need to first sign in, then report to your team leader in your PPE e.g gloves or eye protection will be provided by Kingspan team
designated department. leaders.
Dress code- Work wear e.g. work trousers. Please note - shorts are not
allowed.
Fire Procedure – If the fire alarm rings constantly then you will need to
evacuate site. The evacuation gathering point is alongside the main car
park. Signs are in place at the end of the car park showing which point
you need to report to for your widespan. Your designated team leader will
complete a register to ensure everyone is off site.
The fire alarm is tested with intermittent rings at 2pm every Friday - there
is no need to evacuate for this.
Extinguishers are placed around the widespans, so please ensure you have
noted where they are
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What are the on-site facilities at Kingspan? Drug and/or Smoking Policy at Kingspan
At Kingspan, there are various facilities that are available to all
Kingspan workers. These include: Smoking is only permitted in designated smoking areas on site.
• On-site parking and bike shed
• Designated eating area with vending machines, microwaves, seating
and fridges
You are only allowed to go for a smoke while you are on your work break.
Anyone found smoking outside of break times or not in the correct
designated area may be asked to leave site.
• No drugs or alcohol are allowed on site and you must not arrive
at Kingspan under the influence of any of these – Any medication
prescribed by a doctor should not impair your ability to carry out your
role – Drug / Alcohol testing can be carried out if anyone is thought to
be under the influence.
What are the benefits working at Kingspan?
At Kingspan, there are many benefits available to all Kingspan workers. • Occupational Health examinations will be carried out as required to
These include: cover audiometry, lung function etc. You will be contacted by a member
of the Castle Kingspan accounts team when there are spaces for
• Competitive pay and great overtime rates
medical assessments. This will always be arranged while you are already
• Overtime hours available during peak periods in work and will take around 30 mins to complete. You will need to
• Genuine temporary to permanent opportunities available report to reception and let them know you are booked in for a medical
• Full time on going hours following a scheduled shift pattern examination. Your team leader/ production manager will be made aware
• Regular Health Checks of this to allow you time off your work area to attend.
• Company Pension (when permanent)
• Health checks
• PPE provided
• Progression and training
18 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 19
SHIFT PATTERNS AT KINGSPAN PAY RATES AT KINGSPAN
There are various shift patterns on site that you may be asked to work depending on
which department you are working in and volume of production. Please note – Kingspan weekly pay is from Saturday morning until Friday night shift.
Overtime is paid an any hours worked over 40 hours within the working week.
Day Shift Pattern Example:
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
DAY + DOUBLE 3 SHIFT PATTERN 3 SHIFT PATTERN
7am - 4pm 7am - 4pm 7am - 4pm 7am - 4pm 7am - 12pm OFF OFF DAY SHIFT
Double Days Shift Pattern Example:
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY STANDARD £8.91 PER HOUR £9.04 PER HOUR £9.19 PER HOUR
6am - 2pm 6am - 2pm 6am - 2pm 6am - 2pm 6am - 1pm OFF OFF
2pm - 10pm 2pm - 10pm 2pm - 10pm 2pm - 10pm 1pm - 8pm OFF OFF
OVERTIME £11.25 PER HOUR £11.46 PER HOUR £11.84 PER HOUR
12 hour days and nights on rotating 2 weekly shift pattern (This shift tends to run in WS5 and WS6):
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
6am - 6pm 6am - 6pm 6am - 6pm OFF OFF OFF OFF
6am - 6pm 6am - 6pm 6am - 6pm 6am - 12 Noon OFF OFF OFF
12 hour days and nights on rotating 3 weekly shift pattern:
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
6am - 6.06pm 6am - 6.06pm 6am - 6.06pm OFF OFF OFF OFF
6am - 6.06pm OFF OFF 6am - 6.06pm 6am - 6.06pm OFF 6am - 6.06pm
OFF 6am - 6.06pm 6am - 6.06pm 6am - 6.06pm OFF OFF OFF
12 hour days and nights on rotating 4 weekly shift pattern:
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
OFF 6am - 6.10pm 6am - 6.10pm 6am - 6.10pm OFF OFF OFF
6am - 6.10pm 6am - 6.10pm OFF OFF 6am - 6.10pm OFF 6am - 6.10pm
6am - 6.10pm OFF OFF OFF OFF 6am - 6.10pm 6am - 6.10pm
OFF OFF 6am - 6.10pm 6am - 6.10pm 6am - 6.10pm OFF OFF
BREAKS
Standard 39 hour Days – 30 mins per day Mon to Thurs - unpaid
Standard 39 hour Nights - 30 mins paid break per shift
Weekends 39 Hours - Two 20 min breaks per shift - paid
Double Days - 30 mins paid break per shift
Continental Shifts - Two 20 min breaks per shift - paid20 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 21
OVERVIEW OF ROLES AT KINGSPAN YOUR HEALTH AND SAFETY AT KINGSPAN
First aiders on site all wear a green jumper with ‘first aid’ written on the back
General Operatives, Machine Operators, Powder Coaters and Welders so they are easily spotted. There is always a first aider on every shift within
each department. If you do have an accident you MUST find a first aider in
Using drills and other machinery on steel framework to bolt framework
together. You will be working within an industrial environment and will be your department and notify your team leader or production manager.
required you to work as part of a team as well as being able to work on your
own initiative. You may be asked to package and label products ready to
be shipped for customers. Following manual handling guidance at all times
with any lifting on site. Responsible for cleaning down work space, machines
and sweeping the general area. Due to the nature of the position this is a
very manual role which requires a lot of lifting of materials. Training may be
provided on different machines/ area’s to develop your skills on the shop floor.
You may be asked to undertake additional duties by your team leader if
required. If production requirements are low in your, you may be asked to
change departments at any point.
As far as practically possible, we will do all we can to ensure that you
have a safe and healthy working environment with adequate supervision.
Kingspan are responsible for your Health and Safety whilst you are working
for them. Please ensure that you follow all Safety Rules and Regulations. If
you do not understand them, please ask for clarification. Always find out
where the fire exits are in your working area and the procedures to follow in
an emergency. Do not undertake tasks that you have not received training
for, or that you feel are unsafe. The below procedures may not apply to
your role but are handy to familiarise yourself with.
REPORTING ACCIDENTS AT KINGSPAN
If you are involved in an accident or a near miss incident whilst at Kingspan, it
is important that you follow this procedure:
• Report the incident immediately to your on-site supervisor
• Ensure that details of the incident are entered into the company’s
accident book
• If required, obtain first aid from a first aider or appointed person - First
aiders are recognised by green hairnets.
• Contact Castle as soon as possible
• Keep Castle informed of any after-effects of the incident, including
periods of total or partial incapacity for work22 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 23
COVID-19 POLICIES AT KINGSPAN MANUAL HANDLING AT KINGSPAN
Manual handling regulations cover the tasks involving supporting or
Face coverings must always be worn when moving around the site. transporting loads by physical human effort. You should familiarise yourself
Examples may include, visiting the toilet, kitchen break rooms, getting your with good handling techniques as hazards are not only presented by heavy
temperature tested entering and leaving site. When you are in your specific loads. If you have to lift anything whilst at Kingspan, you should consider
work area you can take your mask off – except in the powder coating the following:
department.
• Plan the lift, working out what is the best way to get the item from A to B
Maintain 2-meter distance wherever possible
• Ensure that you are properly balanced for lifting by positioning your feet
Temperature checks before going on site- if you show a temperature of 37.8 apart
degrees or over you will be asked to leave site.
• Adopt a good posture, bend your knees using them to lift and keep your
Follow the designated rules around number of people in specific areas. back straight
Notices are on the floor showing how many people are allowed in that area.
• Grip the load firmly
Wash your hands properly and often
• Keep the item close to your body
Only 1 person per table in the break room
• Lift smoothly, trying not to jerk
Only share your car with people from your household
• Do not twist your body when turning to the side
Please follow the up to date government advice on Covid-19 policy.
• Put the item down before adjusting it to the desired position24 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 25
Stand out with Castle:
Yorkshire’s leading recruitment agency
1. Time and Attendance:
Whilst working at Kingspan, it is vital that you ensure you are INDUSTRIAL & CONSTRUCTION
always on time to your shift. If you are unable to work or you
are late you must inform your Castle consultant asap. Time and
absence is closely monitored at Kingspan and a strict policy is in
place.
2. PPE clothing
There are strict policies and procedures in place at Kingspan
regarding PPE. PPE clothing is provided by Kingspan and is
required to be worn at all time whilst you are working on the
factory floor.
3. Zero Tolerance
At Kingspan, there is a strict zero tolerance policy on alcohol,
drugs, theft and violence. Failure to adhere to these rules may
result in your contract being terminated.
4. Covid-19
Always follow Covid-19 guidleines.
DO YOU WANT TO EARN £25?
PLEASE NOTE: Any breaking of the rules, procedures and policies Do you have friends or family who are looking for work?
throughout this document will class as gross misconduct and you can be
removed from your placement at Kingspan. Castle Employment Group have been appointed as the onsite agency at Kingspan and
we are looking to recruit. Do you have friends or family who you could recommend?
To earn your £25 voucher, all you need to do is email info@castle-employment.co.uk
with the contact details for your recommendations, don’t forget to include your contact
details too! Once your recommendations are placed into work and have completed 100
hours we will send you a £25 Voucher!!
If you are not already registered with Castle Employment Group and would like to be,
please email info@castle-employment.co.uk or call 01723 500643.
Call today on 01723 500643 to 01723 500643
refer your friends & family. www.castle-employment.co.uk26 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 27
GENERAL WORKPLACE RISK ASSESSMENT Workplace:
Slips & trips x Fire x Other
Heating Services x Noise x
Area to be assessed: Lighting Working Space Falling ice
Kingspan Ltd- Whole site
Ventilation Storage Transport x
Access & egress Edge protection FLT; etc X
Date:
1st March 2021 Obstructions Traffic Routes
Examples of working activity in on site:
Manufacture of flashings, building ancillaries, foam filled insulated panels for roof, wall, Equipment:
cold store and clean room applications Lifting x Electrical x Other
equipment equipment
All hazards associated with the area: Workplace Display screen Blades x
Noise, Machinery, Manual Handling, Chemicals (CoSHH), Welding fumes, Poor transport equipment
housekeeping leading to Slips, Trips & Falls, and obstructed walkways, Workplace Shrink Wrap x Pressure vessels Moving parts x
transport including FLT’S, Side-loaders, and HGV’s, Fire, hot surfaces, Bio-hazards Hand tools x Conveyor
(Bodily fluids, Covid) Sharp edges on materials, Power and manual hand tools,
Pressure systems, High pressure air, Legionella
Physical:
Those at risk: Manual x Repetitive work x Other
Kingspan staff, Agency workers, Contractors, Visitors Handling
Noise x Vibration Heat x
Current control measures: Radiation Drowning
Employees to be fully inducted with no exceptions. Correct PPE worn in area, Fire
extinguishers, Qualified First aiders on site, SWM/ SOPs and Risk assessments created
for tasks, Guarded machines, SDS and COSHH assessments, Occupational health Substances:
screening (where required), Lifting equipment inspections, Noise survey, Audits, Rest Chemicals x Asbestos Other
breaks, Covid secure site, Good housekeeping practices, Statutory inspections for
Dust Legionella x Battery acid
lifting equipment, pressure systems, legionella, fire risk assessment, training
Fume x Biological x
Flammables Pesticides
With these controls the risk is:
Adequately Controlled
Processes
Further control measures required: Working at Outdoor Other
All agency employees MUST be signed on to specific SOPs and Risk assessments for height
the task they are going to do prior to commencing work – A copy should be sent back Confined Cold work Restricted
to Castle Employment contact (Abi Cottle) Spaces Space
Work Organization
Assessor: Lone working Workloads/ x Other
David Ritchie working hours
Violence & Stress
Date: aggression
March 2021 Driving Contractors
Review date due:
March 2022 Other
Cuts x Sprains/strains x Other
Burns x Bruises x Entrapment28 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 29
ENERGY SYSTEM POLICY INTEGRATED MANAGEMENT SYSTEM (IMS)
Kingspan Ltd is one of the world leaders in the production of insulated panels and
POLICY
building ancillaries from this influential position it realises the importance of achieving
energy performance improvements. Kingspan Ltd recognises that the management of Quality, Environmental and Health
and Safety issues are fundamental to the business. Our objective is to exceed the
The Key Energy Management priorities of Kingspan Ltd are becoming an active part of requirements of all applicable legislation, regulations and accepted codes of practice.
a Group vision to reduce Carbon emissions and all facilities to run on 100% renewable Wherever practicable, best practice is implemented through our certified IMS which
power by 2020 and be Net Zero to energy. satisfies the requirements of ISO 9001:2015, ISO 14001:2015 & ISO 45001:2018
Top management shall establish, implement and maintain an IMS policy that:
Wherever practicable, best practice is implemented to meet with the requirements set
out in the ISO 50001:2018 standard. a) Commits to provide a safe, and healthy workplace to prevent injury and ill health
Kingspan Ltd objectives are to: b) Commits to prevent pollution relevant to the context of the organisation
• Comply with all applicable legal and other requirements which relate to its energy c) Provides a framework for setting objectives for Quality, Environment, Health and
use, consumption and efficiency Safety
• Continual improvement of energy performance, including energy efficiency, energy d) Includes a commitment to fulfil legal/compliance obligations and other
use and consumption in all areas of its activities in line with best practice principles. requirements
• Commits itself to ensuring the availability of information and the necessary e) That includes a commitment to eliminate hazards and reduce risks by following
resources to achieve energy related objectives, targets and energy performance the hierarchy of controls:
indicators and review progress against these targets.
• eliminate the hazard
• Support the specification and purchase of energy efficient products, process • substitute with less hazardous processes, operations, materials or equipment
equipment and services, and will design facilities and processes for energy • use engineering controls and reorganisation of work
performance improvement. • use administrative controls, including training
• use adequate personal protective equipment
• Implementing, managing and maintaining an effective Management system in line
with ISO 50001 f) Includes a commitment to continual improvement Quality, Environment, Health
and Safety
• Training and communication to support and promote this policy, to encourage
individual and collective responsibility for improving energy performance. g) Includes a commitment to consultation and participation of workers, and, where
they exist, workers’ representatives
• Kingspan will conform to the relevant legislation, in addition to other non-legislative
commitments that the company may have made. Your help and support are paramount in delivering these commitments by;
• Regularly monitor, audit and review our performance. • Striving to deliver a ‘right first time’ quality product and service
• Taking care of your own health and safety, and watching out for each other
Kingspan in keeping with its sustainability vision and strategy, commits itself to • Taking care of your own work environment
improving energy performance and outlines this commitment above.
This will help ensure that Kingspan Ltd is a safe, environmentally friendly, and great
place to work.30 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 31
The contract ii.
same role with the relevant Hirer as the role in which
the Agency Worker works in the relevant Assignment; and
the relevant Qualifying Period commenced in any such
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
Engages the Agency Worker, directly or indirectly, before or during an
Assignment or within the Relevant Period.
assignment, make the Deductions from the Agency Worker’s pay. These Terms shall 3.8. If the Agency Worker has completed the Qualifying Period on the
1. DEFINITIONS AND INTERPRETATION not give rise to a contract of employment between the Employment start date of the relevant Assignment or following completion of the
that assignment (an assignment being (for the purpose of
this defined term) a period of time during which Business and the Agency Worker, or the Agency Worker and the Hirer. Qualifying Period during the relevant Assignment, and if the Agency
1.1. In these Terms the following definitions apply: The Agency Worker is supplied as a worker, and is entitled to certain Worker is entitled to any terms and conditions relating to the duration of
the Agency Worker is supplied by one or more
Temporary Work statutory rights as such, but nothing in these Terms shall be construed as working time, night work, rest periods and/or rest breaks under the AWR
“Actual Rate of Pay” giving the Agency Worker rights in addition to those provided by statute which are different and preferential to rights and entitlements relating
means, unless and until the Agency Worker has completed the Qualify- Agencies to the relevant Hirer to work temporarily for and
under the supervision and direction of the relevant except where expressly stated. to the same under the WTR, any such terms and conditions will be as
ing Period, the rate of pay which will be paid for all time worked during set out in the relevant Assignment Details Form or any variation to the
an Assignment for each hour worked, as set out in the relevant Assign- Hirer);
2.3. No variation or alteration to these Terms shall be valid unless the relevant Assignment Details Form (as appropriate).
ment Details Form; details of such variation are agreed between the Employment Business
“Hirer”
means the person, firm or corporate body together with any subsidiary and the Agency Worker and set out in writing and a copy of the varied 4. AGENCY WORKER’S OBLIGATIONS
“Actual QP Rate of Pay” terms is given to the Agency Worker no later than 5 business days fol-
means the rate of pay which will be paid to the Agency Worker if and or associated person, firm or corporate body (as the case may be) to
whom the Agency Worker is supplied or introduced; lowing the day on which the variation was made stating the date on or 4.1. The Agency Worker is not obliged to accept any Assignment offered
when s/he completes the Qualifying Period, as set out in any variation to after which such varied terms shall apply. by the Employment Business but if the Agency Worker does accept an
the relevant Assignment Details Form; Assignment, during every Assignment and afterwards where appropri-
“Hirer’s Group”
means (a) any individual 2.4. The Employment Business shall act as an employment business ate, s/he will:
“Agency Worker” (as defined in Section 13(3) of the Employment Agencies Act 1973 (as
means you; the individual supplied by the Employment Business to pro- amended) when introducing or supplying the Agency Worker for Assign- 4.1.1. co-operate with the Hirer’s reasonable instructions and accept the
vide services to the Hirer; , company, partnership, statutory body or other entity which from time
to time Controls the Hirer, including (but not limited to) as a holding ments with its Hirers. direction, supervision and control of any responsible person in the Hirer’s
company as defined in section 1159 of the Companies Act 2006; and (b) organisation;
“Agreed Deductions”
means any deductions the Agency Worker has agreed can be made any company, partnership, statutory body or other entity which from
time to time is Controlled by or is under common Control with the Hirer, 3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED 4.1.2. observe any relevant rules and regulations of the Hirer’s establish-
from their pay; ment (including normal hours of work) to which attention has been
including (but not limited to) as a subsidiary or holding company as
defined in section 1159 of the Companies Act 2006; 3.1. The Employment Business will endeavour to obtain suitable Assign- drawn or which the Agency Worker might reasonably be expected to
“Assignment” ments for the Agency Worker to perform the agreed Type of Work. The ascertain;
means assignment services to be performed by the Agency Worker for Agency Worker shall not be obliged to accept any Assignment offered
the Hirer for a period of time during which the Agency Worker is sup- “Hourly Rate”
means the minimum rate of pay (subject to deductions) that the employ- by the Employment Business. 4.1.3. take all reasonable steps to safeguard his or her own health and
plied by the Employment Business to work temporarily for and under safety and that of any other person who may be present or be affected
the supervision and direction of the Hirer; ment business reasonable expects to achieve, for all hours worked by the
Agency Workers, this will be confirmed by assignment but will not be 3.2. The Agency Worker acknowledges that the nature of temporary by his or her actions on the Assignment and comply with the Health and
less that the statutory minimum wage. work means that there may be periods when no suitable work is avail- Safety policies and procedures of the Hirer;
“Assignment Details Form” able and agrees that:
means written confirmation of the assignment details to be given to the 4.1.4. not engage in any conduct detrimental to the interests of the
Agency Worker upon acceptance of the Assignment; “Leave Year”
means the period during which the Agency Worker accrues and may 3.2.1. the suitability of the work to be offered shall be determined solely Employment Business and/ or Hirer which includes any conduct which
take statutory leave commencing on 5th April and runs until the an- by the Employment Business; and could bring the Employment Business and/or the Hirer into disrepute
“AWR” and/or which results in the loss of custom or business by either the Em-
means the Agency Workers Regulations 2010 niversary of that date;
3.2.2. the Employment Business shall incur no liability to the Agency ployment Business or the Hirer;
“Period of Extended Hire” Worker should it fail to offer Assignments of the Type of Work or any
“Calendar Week” other work to the Agency Worker. 4.1.5. not commit any act or omission constituting unlawful discrimina-
means any period of 7 days starting with the same day as the first day of means any additional period that the Hirer wishes the Agency Worker to
be supplied for beyond the duration of the original Assignment or series tion against or harassment of any member of the Employment Business’
the First Assignment; 3.3. At the same time as an Assignment is offered to the Agency Worker or the Hirer’s staff;
of assignments as an alternative to paying a Transfer Fee;
the Employment Business shall provide the Agency Worker with an As-
“Conduct Regulations” signment Details Form setting out the following: 4.1.6. not at any time divulge to any person, nor use for his or her own or
means the Conduct of Employment Agencies and Employment Busi- “Qualifying Period”
means 12 continuous Calendar Weeks during the whole or part of which any other person’s benefit, any Confidential Information relating to the
nesses Regulations 2003 3.3.1. the identity of the Hirer, and if applicable the nature of their busi- Hirer’s or the Employment Business’ employees, business affairs, transac-
the Agency Worker is supplied by one or more Temporary Work Agen-
cies to the relevant Hirer to work temporarily for and under the supervi- ness; tions or finances;
“Confidential Information”
means any and all confidential commercial, financial, marketing, techni- sion and direction of the relevant Hirer in the same role, and as further
defined in the Schedule to these Terms; 3.3.2. the date the Assignment is to commence and the duration or likely 4.1.7. on completion of the Assignment or at any time when requested
cal or other information or data of whatever nature relating to the Hirer duration of Assignment; by the Hirer or the Employment Business, return to the Hirer or where
or Employment Business or their business or affairs (including but not appropriate, to the Employment Business, any Hirer property or items
limited to these Terms, data, records, reports, agreements, software, “Relevant Period”
means the later of (a) the period of 8 weeks commencing on the day 3.3.3. the Type of Work, location and hours during which the Agency provided to the Agency Worker in connection with or for the purpose of
programs, specifications, know-how, trade secrets and other information Worker would be required to work; the Assignment, including, but not limited to any equipment, materials,
concerning the Assignment) in any form or medium whether disclosed after the last day on which the Agency Worker worked for the Hirer
having been supplied by the Employment Business; or (b) the period documents, swipe cards or ID cards, uniforms, personal protective equip-
or granted access to whether in writing, orally or by any other means, 3.3.4. the Actual Rate of Pay that will be paid and any expenses payable ment or clothing.
provided to the Agency Worker or any third party in relation to the As- of 14 weeks commencing on the first day on which the Agency Worker
worked for the Hirer having been supplied by Employment Business or by or to the Agency Worker;
signment by the Hirer or the Employment Business or by a third party 4.2. If the Agency Worker accepts any Assignment offered by the Em-
on behalf of the Hirer whether before or after the date of these Terms 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 3.3.5. any risks to health and safety known to the Hirer in relation to the ployment Business, as soon as possible prior to the commencement of
together with any reproductions of such information in any form or Assignment and the steps the Hirer has taken to prevent or control such each such Assignment and during each Assignment (as appropriate) and
medium or any part(s) of such information; assignment;
risks; and at any time at the Employment Business’ request, the Agency Worker
“Temporary Work Agency” undertakes to:
“Control” 3.3.6. what experience, training, qualifications and any authorisation
means (a) the legal or beneficial ownership, directly or indirectly, of means as defined in the Schedule to these Terms;
required by law or a professional body the Hirer considers necessary or 4.2.1. inform the Employment Business of any Calendar Weeks prior to
more than 50% of the issued share capital or similar right of owner- which are required by law to work in the Assignment. the date of commencement of the relevant Assignment and/or dur-
ship; or (b) the power to direct or cause the direction of the affairs and/ “Terms”
means these terms of engagement (including the attached schedule) ing the relevant Assignment in which the Agency Worker has worked
or general management of the company, partnership, statutory body 3.4. Where such information is not given in paper form or by electronic in the same or a similar role with the relevant Hirer via any third party
or other entity in question, whether through the ownership of voting together with any applicable Assignment Details Form;
means it shall be confirmed by such means by the end of the third busi- and which the Agency Worker believes count or may count toward the
capital, by contract or otherwise, and “Controls” and “Controlled” shall ness day (excluding Saturday, Sunday and any Public or Bank Holiday) Qualifying Period;
be construed accordingly; “Transfer Fee”
means the fee payable by the Hirer to the Employment Business in ac- following save where:
cordance with clause 3.7, as permitted by Regulation 10 of the Conduct 4.2.2. provide the Employment Business with all the details of such work,
“Data Protection Laws” 3.4.1. the Agency Worker is being offered an Assignment in the same po- including (without limitation) details of where, when and the period(s)
means the Data Protection Act 1998, the General Data Protection Regu- Regulations;
sition as one in which the Agency Worker has previously been supplied during which such work was undertaken and any other details requested
lation (EU 2016/679) and any applicable statutory and regulatory provi- within the previous 5 business days and such information has already by the Employment Business; and
sions in force from time to time relating to the protection and transfer of “Type of Work”
means the type of work you are suppliedunder, this will be within one of been given to the Agency Worker and remains unchanged; or
personal data; 4.2.3. inform the Employment Business if s/he has prior to the date of
the divisions that the Employment Business operates within and
3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 commencement of the relevant Assignment and/or during the relevant
“Deductions” consecutive business days or less and such information has previously Assignment carried out work which could be deemed to count toward
means any deductions which the Employment Business may be required “WTR”
means the Working Time Regulations 1998 been given to the Agency Worker before and remains unchanged, the the Qualifying Period for the relevant Assignment in accordance with
by law to make and in particular in respect of PAYE pursuant to Sections Employment Business needs only to provide written confirmation of the Regulation 9 of the AWR because s/he has:
44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 identity of the Hirer and the likely duration of the Assignment.
National Insurance Contributions; 1.2. Unless the context otherwise requires, references to the singular
include the plural and references to the masculine include the feminine 4.2.3.1. completed two or more assignments with the Hirer;
and vice versa. 3.5. Where the provisions of clause 3.4.2 are met but the Assignment
“Emoluments” extends beyond the intended 5 consecutive business day period, the 4.2.3.2. completed at least one assignment with the Hirer and one or
means any pay in addition to the Actual QP Rate of Pay; Employment Business shall provide such information set out in clause 3.3 more earlier assignments with any member of the Hirer’s Group; and/or
1.3. The headings contained in these Terms are for convenience only and
do not affect their interpretation. to the Agency Worker in paper or electronic form within 8 days of the
“Employment Business” start of the Assignment. 4.2.3.3. worked in more than two roles during an assignment with the
Castle Employment Limited (registered company no. 00867999) of 15 Hirer and on at least two occasions worked in a role that was not the
York Place, Scarborough, North Yorkshire, YO11 2PN 1.4. Any reference, express or implied, to an enactment includes a refer-
ence to that enactment as from time to time amended, modified, extend- 3.6. For the purpose of calculating the average number of weekly hours same role as the previous role.
ed, re-enacted, replaced or applied by or under any other enactment worked by the Agency Worker on an Assignment for the purposes of the
“Engagement” WTR, the start date for the relevant averaging period shall be the date 4.3. If the Agency Worker is unable for any reason to attend work dur-
means the engagement (including the Agency Worker’s acceptance of (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. on which the Agency Worker commences the First Assignment. ing the course of an Assignment s/he should inform the Employment
the Hirer’s offer), employment or use of the Agency Worker by the Hirer Business within 1 hour of the commencement of the Assignment or shift.
or any third party to whom the Agency Worker has been introduced by 3.7. If, before or during an Assignment or during the Relevant Period, In the event that it is not possible to inform the Employment Business
the Hirer, on a permanent or temporary basis, whether under a contract 2. THE CONTRACT
the Hirer wishes to Engage the Agency Worker directly or through within these timescales, the Agency Worker should alternatively inform
of service or for services, and/or through a company of which the Agen- another employment business, the Agency Worker acknowledges that the Hirer and then the Employment Business as soon as possible.
cy Worker is an officer, employee or other representative, an agency, 2.1. These Terms constitute the entire agreement between the Employ-
ment Business and the Agency Worker for the supply of services to the the Employment Business will be entitled either to charge the Hirer a
license, franchise or partnership arrangement, or any other engagement; Transfer Fee or to agree a Period of Extended Hire with the Hirer at the 4.4. If, either before or during the course of an Assignment, the Agency
and “Engage”, “Engages” and “Engaged” shall be construed accordingly; Hirer and they shall govern all Assignments undertaken by the Agency
Worker. However, no contract shall exist between the Employment Busi- end of which the Agency Worker may be Engaged directly by the Hirer Worker becomes aware of any reason why s/he may not be suitable for
ness and the Agency Worker between Assignments. These Terms shall or through another employment business without further charge to the an Assignment, s/he shall notify the Employment Business without delay.
“First Assignment” Hirer. In addition the Employment Business will be entitled to charge a
means: prevail over any other terms put forward by the Agency Worker.
Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a 4.5. The Agency Worker warrants that in relation to these Terms, s/he
(a) the relevant Assignment; or third party (other than another employment business) who subsequently shall comply strictly with all provisions applicable to him/her under the
(b) if, prior to the relevant Assignment: 2.2. During an Assignment the Agency Worker will be engaged on a
i. the Agency Worker has worked in any assignment in the32 Kingspan Assignment Details 01723 500643 01723 500643 Kingspan Assignment Details 33
Data Protection Laws and shall not do or permit to be done anything 7. ANNUAL LEAVE prior notice or liability.
which might cause the Employment Business or the Hirer to breach any
Data Protection Laws. 7.1. The Agency Worker is entitled to paid annual leave according to 9.2. The Agency Worker acknowledges that the continuation of an SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK
the statutory minimum as provided by the WTR from time to time. The Assignment is subject to and conditioned by the continuation of the con- AGENCY”
4.6. The Agency Worker acknowledges that any breach of his/her current statutory entitlement to paid annual leave under the WTR is 5.6 tract entered into between the Employment Business and the Hirer. In
obligations set out in these Terms may cause the Employment Business weeks. the event that the contract between the Employment Business and the For the purpose of the definition of “Qualifying Period” in clause 1.1 of
to suffer loss and that the Employment Business reserves the right to Hirer is terminated for any reason the Assignment shall cease with im- these Terms, when calculating whether any weeks completed with the
recover such losses from the Agency Worker. 7.2. Entitlement to payment for annual leave under clause 7.1 accrues in mediate effect without liability to the Agency Worker (save for payment Hirer count as continuous towards the Qualifying Period, where:
proportion to the amount of time worked by the Agency Worker on As- for hours worked by the Agency Worker up to the date of termination of (a) the Agency Worker has started working during an
signment during the Leave Year. the Assignment). assignment and there is a break, either between assignments
5. TIMESHEETS or during an assignment, when the Agency Worker is not
7.3. Under the AWR, on completion of the Qualifying Period the Agency 9.3. If the Agency Worker does not inform the Hirer or the Employment working;
5.1. At the end of each week of an Assignment (or at the end of the As- Worker may be entitled to paid and/or unpaid annual leave in addi- Business that they are unable to attend work during the course of an (b) the break is:
signment where it is for a period of 1 week or less or is completed before tion to the Agency Worker’s entitlement to paid annual leave under the Assignment (as required in clause 4.3) this will be treated as termina- (i) for any reason and not more than six Calendar Weeks;
the end of a week) the Agency Worker shall deliver to the Employment WTR and in accordance with clauses 7.1 and 7.2. If this is the case, any tion of the Assignment by the Agency Worker in accordance with clause (ii) wholly due to the fact that the Agency Worker is
Business a timesheet duly completed to indicate the number of hours such entitlement(s), the date from which any such entitlement(s) will 9.1, unless the Agency Worker can show that exceptional circumstances incapable of working in consequence of sickness or injury
worked during the preceding week (or such lesser period) and signed by commence and how payment for such entitlement(s) accrues will be as prevented him or her from complying with clause 4.3. and the break is 28 Calendar Weeks
an authorised representative of the Hirer. set out in the relevant Assignment Details Form or any variation to the or less; paragraph (iii) does not apply; and, if required to
relevant Assignment Details Form. 9.4. If the Agency Worker is absent during the course of an Assignment do so by the Employment Business, the Agency
5.2. Subject to clause 5.3 the Employment Business shall pay the Agency and the Assignment has not been otherwise terminated under clauses Worker has provided such written medical evidence as
Worker for all hours worked regardless of whether the Employment Busi- 7.4. All annual leave must be taken during the course of the Leave Year in 9.1 or 9.3 above the Employment Business will be entitled to terminate may reasonably be required;
ness has received payment from the Hirer for those hours. which it accrues and, save as may be set out in the relevant Assignment the Assignment in accordance with clause 9.1 if the work to which the (iii) related to pregnancy, childbirth or maternity and is at
Details Form or any variation to the relevant Assignment Details Form, Agency Worker was assigned is no longer available. a time in a protected period, being a period beginning at
5.3. Where the Agency Worker fails to submit a properly authenticated none may be carried forward to the next year. The Agency Worker is the start of the pregnancy and ending at the end of
timesheet the Employment Business shall, in a timely fashion, conduct responsible for ensuring that all paid annual leave is requested and taken 9.5. If the Agency Worker does not report to the Employment Busi- the 26 weeks beginning with childbirth (being the birth
further investigations into the hours claimed by the Agency Worker and within the Leave Year. ness to notify his/her availability for work for a period of 4 weeks, this of a living child or the birth of a child whether living
the reasons that the Hirer has refused to sign a timesheet in respect of contract for services will automatically terminate and the Employment or dead after 24 weeks of pregnancy) or, if earlier,
those hours. This may delay any payment due to the Agency 7.5. If the Agency Worker wishes to take paid annual leave during the Business will forward his/her P45 to his/her last known address. when the Agency Worker returns to work;
Worker. The Employment Business shall make no payment to the Agency course of an Assignment s/he should notify the Employment Business (iv) wholly for the purpose of taking time off or leave,
Worker for hours not worked. of the dates of his/her intended absence giving notice of at least twice 10. INTELLECTUAL PROPERTY RIGHTS whether statutory or contractual, to which the
the length of the period of annual leave that s/he wishes to take. In Agency Worker is otherwise entitled which is:
5.4. For the avoidance of doubt and for the purposes of the WTR, the certain circumstances the Employment Business may require the Agency The Agency Worker acknowledges that all copyright, trademarks, pat- i. ordinary, compulsory or additional maternity leave;
Agency Worker’s working time shall only consist of those periods dur- Worker to take paid annual leave at specific times or notify the Agency ents and other intellectual property rights deriving from services carried ii. ordinary or additional adoption leave;
ing which s/he is carrying out activities or duties for the Hirer as part Worker of periods when paid annual leave cannot be taken. Where the out by him/her for the Hirer during the Assignment shall belong to the iii. ordinary or additional paternity leave;
of the Assignment. Time spent travelling to the Hirer’s premises (apart Agency Worker has given notice of a request to take paid annual leave Hirer. Accordingly the Agency Worker shall execute all such documents iv. time off or other leave not listed in paragraphs (iv)i, ii, or
from time spent travelling between two or more premises of the Hirer), in accordance with this clause, the Employment Business may give coun- and do all such acts as the Employment Business shall from time to time iii above; or
lunch breaks and other rest breaks shall not count as part of the Agency ter-notice to the Agency Worker to postpone or reduce the amount of require in order to give effect to its rights pursuant to this clause. v. for more than one of the reasons listed in paragraphs (iv)i,
Worker’s working time for these purposes. This clause 5.4 is subject to leave that the Agency Worker wishes to take. In such circumstances the ii, iii to iv above;
any variation set out in the relevant Assignment Details Form or any vari- Employment Business will inform the Agency Worker in writing giving 11. CONFIDENTIALITY (v) wholly due to the fact that the Agency Worker is
ation to the relevant Assignment Details Form which the Employment at least the same length of notice as the period of leave that it wishes to required to attend at any place in pursuance to
Business may make for the purpose of compliance with the AWR. postpone or reduce it by. 11.1. In order to protect the confidentiality and trade secrets of any Hirer being summoned for service as a juror and the break is 28
and the Employment Business and without prejudice to every other duty Calendar Weeks or less;
6. PAY AND DEDUCTIONS 7.6. Subject to clause 7.3, the amount of payment which the Agency to keep secret all information given to it or gained in confidence the (vi) wholly due to a temporary cessation in the Hirer’s
Worker will receive in respect of periods of annual leave taken during Agency Worker agrees as follows: requirement for any worker to be present at the
6.1. For each Assignment the Employment Business shall pay to the the course of an Assignment will be calculated in accordance with and establishment and work in a particular role for a
Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified paid in proportion to the number of hours which the Agency Worker has 11.1.1. not at any time, whether during or after an Assignment (unless ex- pre-determined period of time according
on a per Assignment basis and set out in the relevant Assignment Details worked on Assignment. pressly so authorised by the Hirer or the Employment Business as a nec- to the established custom and practices of the Hirer;
Form. essary part of the performance of its duties) to disclose to any person or (vii) wholly due to a strike, lock-out or other industrial action
7.7. Subject to clause 7.3, in the course of any Assignment during the first to make use of any of the trade secrets or the Confidential Information at the Hirer’s establishment; or
6.2. If the Agency Worker has completed the Qualifying Period on the Leave Year, the Agency Worker is entitled to request leave at the rate of the Hirer or the Employment Business with the exception of informa- (viii) wholly due to more than one of the reasons listed
start of the relevant Assignment or following completion of the Qualify- of one-twelfth of the Agency Worker’s total holiday entitlement in each tion already in the public domain; in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and (c)
ing Period during the relevant Assignment, the Employment Business month of the leave year. the Agency Worker returns to work in the same role with
shall pay to the Agency Worker the Actual QP Rate of Pay which will be 11.1.2. to deliver up to the Hirer or the Employment Business (as directed) the Hirer, any weeks during which the Agency
notified on a per Assignment basis and set out in the relevant Assign- 7.8. Save where this clause is amended by the Assignment Details Form, at the end of each Assignment all documents and other materials be- Worker worked for the Hirer before the break shall
ment Details Form or any variation to the relevant Assignment Details where a bank holiday or other public holiday falls during an Assignment longing to the Hirer (and all copies) which are in its possession including be carried forward and treated as counting towards
Form. and the Agency Worker does not work on that day, then subject to the documents and other materials created by him/her during the course of the Qualifying Period with any weeks during which
Agency Worker having accrued entitlement to payment for leave in ac- the Assignment; and the Agency Worker works for the Hirer after the break.
6.3. The Hourly Rate, Actual Pay of Rate or Actual QP Rate of Pay, as ap- cordance with clause 7.2 or clause 7.3 (if applicable), the Agency Worker In addition, when calculating the number of weeks during
plicable, will be paid weekly in arrears, subject to any Deductions and or may, upon giving the notice in clause 7.5, take a bank holiday or other 11.1.3. not at any time to make any copy, abstract, summary or précis of which the Agency Worker has worked, where the
Agreed Deductions, together with any agreed Emoluments. public holiday as part of his/her paid annual leave entitlement. the whole or any part of any document or other material belonging to Agency Worker has started working in a role during
the Hirer except when required to do so in the course of its duties under an Assignment and is unable to continue working for
6.4. Subject to any statutory entitlement under the relevant legislation 7.9. Where these Terms are terminated by either party, the Agency an Assignment in which event any such item shall belong to the Hirer or a reason described in paragraph (b)(iii) or (b)(iv)i., ii,
referred to in clauses 7 (Annual leave) and 8 (Sickness absence) below Worker shall repay to the Employment Business an amount in respect of the Employment Business as appropriate. or iii., for the period that is covered by one or more such
and any other statutory entitlement, the Agency Worker is not entitled any holiday periods taken in excess of the holiday entitlement for that reasons, the Agency Worker shall be deemed to be
to receive payment from the Employment Business or the Hirer for time year and the Agency Worker hereby authorises the Employment Busi- 12. DATA PROTECTION working in that role with the Hirer for the original
not spent on Assignment, whether in respect of holidays, illness or ab- ness to take repayment of such monies by way of deduction from any intended duration or likely duration of the relevant
sence for any other reason unless otherwise agreed. final payment owed to the Agency Worker. The Agency Worker acknowledges that the Employment Business must Assignment, whichever is the longer. For the avoidance
process personal data about him/her in order to properly fulfil of doubt, time spent by the Agency Worker working
6.5 Subject to compliance with Regulation 12 of the Conduct Regulations its obligations under these Terms and as otherwise required by law in during an assignment before 1 October 2011 [or 5
the Employment Business reserves the right in its absolute discretion to 8. SICKNESS ABSENCE relation to his/ her engagement in accordance with the Data Protection December 2011] does not count for the purposes of the
deduct from the Agency Worker’s pay any sums which s/he may owe the Laws. Such processing will principally be for personnel, administrative definition of “Qualifying Period”.
Employment Business including, without limitation, any overpayments or 8.1. The Agency Worker may be eligible for Statutory Sick Pay provided and payroll purposes.
loans made to the Agency Worker by the Employment Business or any that s/he meets the relevant statutory criteria. “Temporary Work Agency”
losses suffered by the Employment Business as a result of his/her negli- 13. SEVERABILITY means as defined in Regulation 4 of the AWR being a person engaged
gence or breach of either the Employment Business’s or the Hirer’s rules. 8.2. The Agency Worker is required to provide the Employment Business in the economic activity, public or private, whether or not operating for
with evidence of incapacity to work which may be by way of a self- If any of the provisions of these Terms shall be determined by any profit, and whether or not carrying on such activity in conjunction with
6.6. If the Employment Business provides any equipment or clothing to certificate for the first 7 days of incapacity and a doctor’s certificate competent authority to be unenforceable to any extent, such provision others, of:
the Agency Worker to be used in the course of an Assignment with the thereafter. shall, to that extent, be severed from the remaining Terms, which shall (a) supplying individuals to work temporarily for and under
Hirer, the Agency Worker must take reasonable care of the equipment or continue to be valid to the fullest extent permitted by applicable laws. the supervision and direction of hirers; or
clothing. Furthermore the Agency Worker must return any equipment or 8.3. For the purposes of the Statutory Sick Pay scheme there is one (b) paying for, or receiving or forwarding payment for, the
clothing to the Employment Business upon termination of the Terms or qualifying day per week during the course of an Assignment and that 14. NOTICES services of individuals who are supplied to work
within 3 days of a request from the Employment Business. In the event qualifying day shall be the Wednesday in every week. temporarily for and under the supervision and direction of
that the Agency Worker does not comply with the obligations set out in All notices which are required to be given in accordance with these hirers.
this clause, the Employment Business reserves the right to deduct the 8.4. In the event that the Agency Worker submits a Statement of Fitness Terms shall be in writing and may be delivered personally or by first class
cost of replacement equipment or clothing from any sums owed to the for Work (“the Statement”) or similar medical evidence, which indicates prepaid post to the registered office of the party upon whom the notice Notwithstanding paragraph (b) of this definition a person is not a Tem-
Agency Worker. The question of whether the Agency Worker has taken that the Agency Worker may, subject to certain conditions, be fit to is to be served or any other address that the party has notified the other porary Work Agency if the person is engaged in the economic activity
reasonable care of the equipment or clothing will be solely assessed by work/return to work, the Employment Business will in its absolute discre- party in writing, including by email or facsimile transmission. Any such of paying for, or receiving or forwarding payments for, the services of
the Employment Business’s reasonable judgement. tion determine whether the Agency Worker will be (a) placed in a new notice shall be deemed to have been served: if by hand when delivered; individuals regardless of whether the individuals are supplied to work for
Assignment or (b) permitted to continue in an ongoing Assignment. In if by first class post 48 hours following posting; and if by email or fac- hirers. For the purpose of this definition, a “hirer” means a person en-
6.7. Where the Agency Worker holds a valid A1, E101 or E102 Certificate making such determination the Employment Business may consult with simile transmission, when that email or facsimile is sent. gaged in economic activity, public or private, whether or not operating
confirming coverage by a social security scheme in a Member State oth- the Hirer and the Agency Worker as appropriate to assess whether the for profit, to whom individuals are supplied, to work temporarily for and
er than the UK, the Agency Worker must declare this to the Employment conditions identified in the Statement or similar documentation can be 15. RIGHTS OF THIRD PARTIES under the supervision and direction of that person.
Business and produce the Certificate. In such cases the Employment satisfied for the duration of the Assignment.
Business shall not deduct Class 1 National Insurance Contributions from None of the provisions of these Terms are intended to be for the benefit
the Actual Rate of Pay or the Actual QP Rate of Pay (where applicable) 8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new of or enforceable by third parties and the operation of the Contracts
but it shall be the responsibility of the Agency Worker to pay such social Assignment or continuation in an ongoing Assignment may be subject to (Rights of Third Parties) Act 1999 is excluded.
fee contributions as may be applicable in the Member State concerned. the Agency Worker agreeing to a variation of the Terms or the assign-
In the event that the Agency Worker fails to pay such contributions and ment details set out in the Assignment Details Form to accommodate 16. GOVERNING LAW AND JURISDICTION
the Employment Business is required to pay contributions either in the any conditions identified in the Statement or other similar medical
UK or the Member State concerned, the Agency Worker undertakes to evidence as is appropriate. These Terms are governed by the law of England & Wales and are sub-
indemnify the Employment Business and the Employment Business shall ject to the exclusive jurisdiction of the Courts of England & Wales
be entitled to deduct the amount paid in contributions from any sums 9. TERMINATION
owed to the Agency Worker.
9.1. Any of the Employment Business, the Agency Worker or the Hirer
may terminate the Agency Worker’s Assignment at any time withoutYou can also read
