colleague handbook - your help for working with firstcall

THE COLLEAGUE HANDBOOK

Colleague Handbook

CONTENTS

1 Welcome to First Call Contract Services

2 If you are late for work/cannot attend

3 Safety Clothing is important

4 Timesheets

5 Your behaviour at work

6 Drivers - Take note!

7 How you are paid

8 Booking Holiday

9 Breaks

10 Keeping in touch

11 The Golden Rule

12 Disciplinary Procedures

13 Migrant Worker Exploitation

14 Discrimination

15 Grievance Procedures

16 Whistle Blower Policy

17 Reporting Accidents

18 Terms of Engagement

19 WTWTR Agreement

20 Health & Safety Induction

Colleague Handbook

RP.04. Colleague Handbook & Terms of Engagement 11.02.15

1. WEL C O M E T O F I R ST CA L L CO NT RA C T SE RV IC E S We warmly welcome you to First Call Contract Services and hope that you become one of our many valued colleagues. Our offices are open from 0600 hrs to 1800 hrs Monday to Friday. If you have not been allocated an assignment, then you are welcome to attend the office at 0600 hrs each day. Work is always coming in at short notice. We pride ourselves in being a recruitment business that looks after our temporary colleagues and expect the same level of commitment in return - it keeps you in employment and allows us to promote a better service to our clients.

Like all agencies, we have Rules of Conduct to which we expect you to adhere.

Our rules protect you, your work colleagues,

the business and everyone's reputation

2. IF YO U AR E LA T E F O R WO R K O R CA N NO T AT T EN D WO R K – WE N E E D T O K NO W When you are working for First Call, you will be asked to arrive at work at our client's premises or our office by a certain time, just like any job. If you are going to be late, then please let us know like any employer or you may lose your assignment for that day. It only takes a 2-minute call to keep us informed……..

Call us if you are going to arrive late

If you are booked out for work and for any reason - including illness - you are unable to attend, then you MUST inform us at least 2 hours before you are due to start. Failure to do this will be taken as non-attendance. This means you will lose your attendance bonus (if applicable) for the whole week. 3. SA F ET Y C L O T HI N G I S I M P O RT A NT Safety clothing is important to comply with the Health and Safety at Work etc Act 1974. If you are not wearing these items when required, you may be sent home from work without pay. You will not be charged for uniforms or PPE on the condition that they are returned in good re-usable condition, subject to wear & tear, when you complete the assignment(s).

YOU MUST AT ALL TIMES wear safety clothing for work, for example: your safety footwear and hi-

visibility vest/jacket

Colleague Handbook


4. T IM E S H E ET S You are paid each week according to the Client's timesheet, so it is vital that you sign IN and OUT each time you attend work. Most of our clients will have a signing in/out book or some may use a clocking in/out system. On your first day you will be advised of which system they use with a particular client. Failure to sign in and out may lead to us not being able to charge the Client for your time working on site, and could result in a delay in payments to you!

Remember: If you fail to sign IN and/or OUT your payments may be delayed!

5. YO U R B E HA V IO U R A T W O RK When you are working at the Client's site, you are expected to do the work for the time you are there and to the best of your ability. Please ensure that you take your breaks at the correct times. Please do not take a break unless you have been given permission to do so. Whilst you are at work, you must be polite to the Client and your work colleagues and follow the Client's instructions and directions at all times.

If you need to know something at work, then ASK

If you have an issue, do not create problems for yourself or your colleagues. Keep it to yourself until you get back to the office and speak to us: that's what we are here for.

If you have a problem or issue about work then SPEAK TO US FIRST ABOUT IT

6. DR IV E RS - TA K E NO T E! As a professional and qualified person, you are expected to ensure you always have the right equipment with you for work: Maps, ID Badge and Night-Out bag for example. Please do not rely/depend on Sat Nav systems.

Creating the right impression keeps us all busy!

Colleague Handbook


7. HO W Y O U A R E P A ID You are paid on a weekly basis (1 week in arrears) and will receive your payment in your bank account every Friday. When you first start working for us you may be paid by cheque until your bank account details have been processed. Your wages will relate to the previous week you have worked. If you feel you have not been paid correctly, then we will deal with pay enquiries as expediently as possible. Your payslip will be emailed to you every Friday. In the event that you do not receive your payslip, please contact the office immediately so that we can check your email address and issue you with a copy of your payslip. If you do not have an email address, we can help you to create one. Until an email address is created, you will be able to collect your payslips from the office every Friday. In the event of a pay query, please ensure that you complete a “Pay Query” form and hand it in to the First Call Contract Services office. If you do not have a National Insurance Number please contact the National Insurance Hotline Number below to book you appointment. Once you receive your letter confirming your appointment, you must take it straight to your First Call office so they can take a copy of your file. Confirmation of your NI Number, once received, must also be taken to the office.

NI Hotline No – 0845 6000 643 8. BO O K I N G HO L ID A Y If you wish to book time off work as holiday, you must visit your First Call office and request a Holiday Application form. You must complete the form in full, stating the date(s) that you wish to take as holiday. The office staff will confirm if you are permitted to have your requested dates, or if your dates are not suitable they may request that you take alternative dates. Every effort will be made to allow you to take leave on the dates that you request. Please note that the notice period required for holiday applications is twice the period of holiday to be taken. Example: 1 Day Holiday = 2 Day’s Notice 3 Day’s Holiday = 6 Day’s Notice 1 Week’s Holiday = 2 week’s Notice For every hour you work, holiday entitlement is accrued and retained in a holiday fund. The more hours you work each week, the greater the value of the holiday fund. The value of the Holiday paid out is calculated as an average of the total hours worked and pay rates received over the preceding 12 weeks.

Colleague Handbook


9. Rest BR EA K S & RE ST P E R IO D S You have the right to the following Breaks

- 11 hours rest period between shifts - 1 day off in each week (or 2 in 14 days) - in-work rest break of 20 mins if the working day is longer than 6 hours. - in Agriculture, a rest break of 30mins if the day is longer than 5½ hours - night-workers limit of an average of 8 hours work in 24

You have the right to freely choose not to take your daily rest breaks

10. KE EP I N G I N T O UC H First Call operates on a 24-Hour / 7-Days a week basis from all of our offices, so you have no excuses for not being able to get in contact with us when you need to. Our out-of-hours service is not for you to call us about wage queries, it is for emergencies only. Should you have a wage query or a complaint about a client or a member of our staff please call 07587 129 708. Your call will be dealt with immediately. For all normal enquiries, please contact us or visit us during our daytime hours of 0600 hrs to 1800 hrs.

You can ALWAYS contact us if you need to

11. TH E GO L D E N RUL E If you accept an assignment from the office you must stay at the assignment for the day at the very least. If you "walk off" the job you will give yourself and First Call Contract Services a bad name.

Candidates who "walk off" the job will not be offered any further work

First Call Contract Services operates an Equal Opportunities policy and will consider candidates on the basis of their skills and experience only. First Call does not discriminate against people on the grounds of sex, marital status, sexual orientation, ethnic origin, race, religion, colour, disability or age.

Colleague Handbook


12. D I SC IP L I NA R Y PR O C ED UR E S The scope of the procedure is to help and encourage all temporary colleagues to achieve and maintain standards of conduct and job performance. For this purpose, First Call Contract Services Limited operates a THREE STRIKE RULE. The details are set out below: STRIKE 1 A first strike will be given to any temporary colleagues whose work performance is deemed unsatisfactory. This includes the following: - Failure to complete a job to the client's satisfaction. - Persistent lateness. - Failure to attend work without notifying the office by telephone. - Any other relatively minor offence. STRIKE 2 A second strike will be given to any temporary colleague whose performance remains a concern/continues to repeatedly commit offences after a First Strike has been awarded. In this instance, a formal one to one interview will take place between the Branch Manager and the temporary colleague, to discuss the reason for the offences. STRIKE 3 A third and final strike will be given to any temporary colleague for failing to improve their performance following a second strike, and offences that constitute gross misconduct. In this instance, an interview will take place with the temporary colleague and a full explanation given as to why a third strike and subsequent termination of the contract for services with First Call Contract Services Ltd. is being implemented. GROSS MISCONDUCT The following offences constitute gross misconduct and are punishable by instant termination of the contract for service with First Call Contract Services Ltd.: - Failure to disclose information at the time of registration pursuant to health issues which

might affect your work and criminal record.

- Theft or unauthorised use of any property belonging to First Call Contract Services, its employees or clients.

- Negligence.

- Working whilst under the influence of non-prescribed drugs or alcohol.

- Consuming alcohol or taking non-prescribed drugs whilst on the premises of First Call Contract Services or any of its clients.

- Refusal to carry out reasonable instructions from authorised personnel.

Colleague Handbook


13. M I GR A N T WO R K ER EXP L O IT A T IO N First Call Contract Services have implemented an initiative to tackle the “Hidden Exploitation of Migrant Workers”.

• Are you being forced to work when you don’t want to?

• Do you pay/have you paid someone to give/find you work?

• Are you being forced to live in accommodation against your will?

• Is someone controlling your identity documents or bank account?

• Is someone threatening or intimidating you or your family?

If the answer is YES to any of the above, please report it to the manager of your First Call Contract Services Branch

Or Alternatively, you can report it confidentially on our dedicated email address:

[email protected]

Don’t suffer in silence!

We are here to help you!

14. D I SC R IM I NA T IO N First Call Contract Services is committed to a policy of Equal Opportunities for all employees and colleagues. We treat everyone equally regardless of sex, sexual orientation, marital status, age, disability, race, colour, ethnic or national origin, religion, political beliefs or membership or non-membership of trade unions and place an obligation on all staff to respect and act in accordance with the policy. First Call Contract Services will not accept instructions from clients that indicate an intention to discriminate unlawfully. Any colleague who feels that they have suffered discrimination should raise the matter with a Director, or if they wish to discuss the matter with someone independent of the business they are free to contact in strictest confidence Mrs Shawn Colbourne on 01276 700617. 15. GR I EV A N C E P RO C ED UR E S It is the policy of First Call Contract Services Limited to ensure that temporary colleagues, with a complaint relating to their work, have a procedure which can help to resolve problems as quickly and as fairly as possible. In the event of a complaint or concern, you should: 1. Discuss it informally with a member of First Call's staff. We hope that the majority of

concerns will be resolved at this stage. 2. If you feel that the matter has not been resolved through informal discussions, you should put

it in writing to the Branch Manager of the First Call branch at which you are working. 3. If you still feel that the matter has not been resolved at this stage, you should put it in

writing to a Director of First Call Contract Services Limited. Further information regarding grievances can be found in Clause 11. of your Terms of Engagement of Temporary Colleagues.

Colleague Handbook


16. WHI ST L E BL O W ER P O L IC Y 1. INTRODUCTION All of us at one time or another have concerns about what is happening at work. Usually these concerns are easily resolved. However, when they are about unlawful conduct, financial malpractice, dangers to the public, serious safety or security issues or a breach of confidence, it can be difficult to know what to do. You may be worried about raising such issues or may want to keep the concerns to yourself, perhaps feeling it is none of your business or that it is only a suspicion. You may feel that raising the matter would be disloyal to colleagues, managers of the Company. You may decide to say something but find that you have spoken to the wrong person or raised the issue in the wrong way and are not sure what to do next. First Call has introduced this procedure to enable you to raise your concerns about such malpractice at an early stage and in the correct manner. We would rather that you raised the matter when it is just a concern, rather than wait for proof. If something is troubling you which you think we should know about or look into, please use this procedure. If, however, your concern is in relation to your personal position, please use First Call’s Grievance Procedure. The public interest disclosure procedure is primarily for concerns where the interest of others or of the organisation itself is at risk. It is not designed to question financial or business decisions taken by management nor should it be used to reconsider any matters which have already been addressed under other procedures. If in doubt – raise it! 2. SCOPE OF POLICY This policy applies not only to all permanent and temporary employees of First Call but also to external contractors and agency staff. It is impossible to give an exhaustive list of the activities that could cause concern, but they include • Financial malpractice, impropriety or fraud • Failure to comply with a legal obligation • Regulatory non compliance • Dangers to health and safety or the environment • Criminal activity • Attempts to conceal any of the above 3. FIRST CALL’S ASSURANCES TO YOU YOUR PROTECTION The Managing Director, Operations Director, Director of Finance, Director of Compliance and Branch Managers are committed to this policy. If you raise a genuine concern under this policy, you will not be at risk of losing your job or suffering any form of retribution as a result. Provided you are acting in good faith, it does not matter if you are mistaken. This assurance is not extended to someone who maliciously raises a matter they know is untrue or to someone who chooses to make disclosures outside the scope of the procedures set out in this policy. The Public Interest Disclosure Order, which came into effect in 1999, gives legal protection to employees against being dismissed or penalised by their employer as a result of disclosing certain serious concerns. YOUR CONFIDENCE First Call will not tolerate the harassment or victimization of anyone raising a genuine concern. However, we recognise that you may nonetheless want to raise a concern in confidence under this policy. If you ask us to protect your identity by keeping your confidence, we will not disclose it without your consent. If the situation arises where we are not able to resolve the concern without revealing your identity(for instance because your evidence is needed in court), we will discuss with you whether and how we can proceed. ANONYMOUS REPORT In order to protect employees from abuse, we cannot accept anonymous reports under this policy. 4. HOW TO RAISE A CONCERN INTERNALLY OPTION ONE If you have a concern about malpractice, we hope you will feel able to raise it first with your Branch Manager. This may be done orally or in writing.

Colleague Handbook


Whistle Blower Policy - Continued: OPTION TWO If you feel unable to raise the matter with your Branch Manager, for whatever reason, please raise the matter with any other manager in the Company. Please state if you want to raise the matter in confidence so that they can make appropriate arrangements. OPTION THREE If these channels have been followed and you still have concerns, or if you feel that the matter is so serious that you cannot discuss it with any of the above, please contact the Managing Director, David Mankelow. 5. HOW WE WILL HANDLE THE MATTER

Once a concern has been raised, we will consider initially what action should be taken. This may involve an internal inquiry or a more formal investigation. We will tell you who is handling the matter, how you can contact him/her and whether your further assistance may be required. If you request, we will write to you within 10 days summarising your concern and setting out how we propose to handle it.

When you raise the concern, you may be asked how you think the matter might best be resolved. Meetings between the employee raising the concern and the person handling the concern and/or the investigator can take place away from First Call premises at the request of either party.

The employee can be accompanied to any meetings by a fellow employee of their choice.

If you do have any personal interest in the matter, we do ask that you tell us at the start of the process. If your concern falls more appropriately within the Grievance Procedure, we will recommend that route to you.

While the purpose of this policy is to enable us to investigate possible malpractice and take appropriate steps to deal with it, we will give you as much feedback as we can. If requested, we will confirm our response to you in writing. Please note, however, that we may not be able to tell you the precise action we take where this would infringe in a confidence to someone else. 6. IF YOU ARE DISSATISFIED If you are unhappy with our response, remember that you can go to the other levels and bodies detailed in this policy. Whilst we cannot guarantee that we will respond to all matters in the way that you might wish, we will try to handle the matter fairly and properly. By using this policy, you will help us to achieve this. 7. INDEPENDENT ADVICE If you are unsure whether to use this procedure or you want independent advice at any stage, you may contact, if applicable, the independent charity Public Concern at Work on 0207 404 6609, or at [email protected] Their lawyers can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work. 8. EXTERNAL CONTACTS Whilst we hope this policy gives you the reassurance you need to raise such matters internally, we recognise that there may be circumstances where you feel you can report matters to outside bodies. Public Concern at Work will be able to advise you on such an option and on the circumstances in which you may be able to contact an outside body. 9. MONITORING THIS POLICY The Managing Director will maintain a confidential record of concerns raised under this policy. 10. REVIEW OF POLICY The Managing Director has a responsibility to review this policy annually, including an assessment of its effectiveness. Changes to the policy will be notified to employees when they occur. 11. CONCLUSION The circumstances of individual frauds will vary. But it is important that all are vigorously and promptly investigated and that appropriate action is taken. To repeat, First Call views fraud extremely seriously and all suspicion of fraud will be acted upon in accordance with this policy. Proven fraud can ultimately result in dismissal.

17. REP O R T I N G AC C ID E NT S

When working on-site, you should familiarise yourself with the Health and Safety Guidelines of the Company in which you are working.

In the event of an accident occurring whilst you are on-site you should:

1. Notify a qualified First Aider immediately and obtain treatment if necessary.

2. Ensure that a report is made in the Accident Book. Advise a staff member of First Call Contract Services Limited.

Colleague Handbook


18. TERMS OF ENGAGEMENT

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms the following definitions apply: “Actual Rate of Pay” means, unless and until the Agency Worker has completed the Qualifying

Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Details Form;

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

“Agency Worker” means……………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… [insert name and address of Agency Worker] supplied by the Employment Business to provide services to the Hirer;

“Agency Workers Regulations” means the Agency Workers Regulations 2010; “Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their

pay; “Assignment” means assignment services to be performed by the Agency Worker for the

Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;

“Assignment Details Form” means written confirmation of the assignment details to be given to the Agency Worker upon acceptance of the Assignment;

“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

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

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

“Deductions” means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;

“Emoluments” means any pay in addition to the Actual QP Rate of Pay; “Employment Business” means First Call Contract Services Limited (Company Registered No.

03296899) whose registered office address is The Old Exchange, 12 Compton Road, Wimbledon, London SW19 7QD;

“Engagement” means the engagement, employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“First Assignment” means: (a) the relevant Assignment; or (b) if, prior to the relevant Assignment:

i. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

Colleague Handbook


ii. the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);

“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;

“Hirer's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

“Hourly Rate” means the National Minimum Wage rate applicable at the time of signing these Terms of Engagement, being the minimum rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the Agency Worker;

“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave which runs from 1st January to 31st December;

“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;

“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in the Schedule to these Terms;

“Relevant Period” means (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;

“Temporary Work Agency” means as defined in the Schedule to these Terms; “Terms” means these terms of engagement together with any applicable Assignment

Details Form; “Transfer Fee” means the fee payable by the Hirer to the Employment Business in

accordance with Clause 3.7 as permitted by Regulation 10 of the Conduct Regulations;

“Type of Work” means ………………………………………………………………………………………………………………………… [insert the type of work you expect to supply the Agency Worker into];

“Working Time Regulations” means the Working Time Regulations 1998 and working time as defined under the Road Transport (Working Time) Regulations 2005, namely time consisting of those periods during which the Agency Worker is at their workstation at the disposal of the Hirer and exercising his/her functions or activities and that such period of time are devoted to road transport activities such as driving, loading and unloading, assisting passengers boarding the vehicle, cleaning and maintenance of the vehicle, cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operations;

“Periods of Availability” means periods of waiting time as defined under the Road Transport (Working Time) Regulations 2005, namely periods of waiting time whose duration is known about in advance by the Agency Worker. Such periods of time consist of time spent when the Agency Worker is not required to remain at his/her workstation, but must be available to answer call to start or resume driving or other work on request, and the period and the foreseeable duration is known in advance by the mobile worker, either before departure or just before the start of availability in question;

“Mobile Worker” means any worker forming part of the travelling staff who is in the service of an undertaking, which operates road transport services for passengers or the movement of goods; and

“EU Drivers Hours Rules” means Community Drivers’ Hours Regulations (38/20/85/EEC). 1.2. Unless the context otherwise requires, references to the singular include the plural and references to the

masculine include the feminine and vice versa. 1.3. The headings contained in these Terms are for convenience only and do not affect their interpretation. 1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time

amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

Colleague Handbook


2. THE CONTRACT

2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.

2.2. During an Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.

2.3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

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

3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.

3.2. The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that: 3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and 3.2.2. the Employment Business shall incur no liability to the Agency Worker should it fail to offer

Assignments of the Type of Work or any other work. 3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency

Worker with an Assignment Details Form setting out the following: 3.3.1. the identity of the Hirer, and if applicable the nature of their business; 3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment; 3.3.3. the Type of Work, location and hours during which the Agency Worker would be required to work; 3.3.4. the Hourly Rate that will be paid and any expenses payable by or to the Agency Worker; 3.3.5. any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer

has taken to prevent or control such risks; and 3.3.6. what experience, training, qualifications and any authorisation required by law or a professional body

the Hirer considers necessary or which are required by law to work in the Assignment. 3.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the

end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following save where: 3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency

Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency Worker and remains unchanged; or

3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Agency Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.

3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Agency Worker in paper or electronic form within 8 days of the start of the Assignment.

3.6. For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first Assignment.

3.7. If, before or during an Assignment or during the Relevant Period the Hirer wishes to engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled to charge the Hirer a Transfer Fee or to agree a period of Extended Hire with the Client at the end of which the Agency Worker may be Engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition, the Employment Business will be entitled to charge a Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party who subsequently Engages the Agency Worker directly or indirectly, before or during an Assignment or within the Relevant Period.

3.8. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).

3.9. If the Agency Worker considers that s/he has not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.

Colleague Handbook


3.10. Agency Workers who are mobile workers working in operations not subject to EU Drivers Hours Rules and Agency

Workers who are not mobile workers will be subject to the Working Time Regulations 1998 (as amended). In order to calculate the average number of weekly hours worked on an assignment by such workers, the start date for the relevant averaging period under the Working Time Regulations 1998 (as amended) shall be the date on which the Agency Worker commences the first Assignment.

3.11. Agency Workers who are mobile workers in operations that are subject to EU Drivers Hours Rules will be subject to the Road Transport (Working Time) Regulations 2005. For the avoidance of doubt, the relevant reference period to calculate average Working Time used by the Employment Business will be a 17 week reference period as specified in the Road Transport (Working Time) Regulations 2005. In certain circumstances, this reference period may be changed to a rolling 17-week

reference period, in which case the Employment Business maybe increased to 26 weeks if the Agency Worker enters into a valid collective or workforce agreement with the Employment Business.

4. AGENCY WORKER’S OBLIGATIONS

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

4.1.1. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of

any responsible person in the Hirer’s organisation; 4.1.2. observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of

work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;

4.1.3. take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;

4.1.4. not engage in any conduct detrimental to the interests of the Employment Business and/ or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;

4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Hirer's staff;

4.1.6. not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions or finances;

4.1.7. on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.

4.2. If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to

the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency Worker undertakes to:

4.2.1. inform the Employment Business of any Calendar Weeks between 1 October 2011 and prior to the date

of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;

4.2.2. provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and

4.2.3. inform the Employment Business if, since 1 October 2011 s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:

4.2.3.1. completed two or more assignments with the Hirer; 4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments

with any member of the Hirer's Group; and/or 4.2.3.3. worked in more than two roles during an assignment with the Hirer and on at least two

occasions worked in a role that was not the same role as the previous role.

4.3. If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.

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

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

4.6. Take all reasonable steps to comply with the Road Transport (Working Time) Regulations 2005.

Colleague Handbook


5. TIMESHEETS

5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.

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

5.3. Where the Agency Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours not worked.

5.4. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the Agency Workers Regulations.

5.4.1. Agency Workers who are mobile workers working in operation not subject to EU Drivers Hours Rules and Agency Workers who are not mobile workers will be subject to the Working Time Regulations 1998 (as amended). Such Agency Workers’ working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to Hirer’s premises; lunch breaks and other than rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.5 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the Agency Workers Regulations.

6. REMUNERATION

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

6.2. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker:

6.2.1. the Actual QP Rate of Pay; and 6.2.2. the Emoluments (if any),

which will be notified on a per Assignment basis and as set out in the relevant Assignment Details Form or any

variation to the relevant Assignment Details Form. 6.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 below and any

other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

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

6.5. Where the Agency Worker holds a valid A1, E101 or E102 Certificate confirming coverage by a social security scheme in a Member State other than the UK, the Agency Worker must declare this to the Employment Business and produce the Certificate. In such cases the Employment Business shall not deduct Class 1 National Insurance Contributions from the Actual Rate of Pay or the Actual QP Rate of Pay (where applicable) but it shall be the responsibility of the Agency Worker to pay such social fee contributions as may be applicable in the Member State concerned. In the event that the Agency Worker fails to pay such contributions and the Employment Business is required to pay contributions either in the UK or the Member State concerned, the Agency Worker undertakes to indemnify the Employment Business and the Employment Business shall be entitled to deduct the amount paid in contributions from any sums owed to the Agency Worker.

7. ANNUAL LEAVE For the purposes of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998, the leave year commences on 1st January. The holiday leave year runs from 1st January to 31st December. 7.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time

Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks.

7.2. Entitlement to payment for leave under clause 7.1 accrues in proportion to the amount of time worked by the Agency Worker on Assignment during the Leave Year.

Colleague Handbook


7.3. Under the Agency Workers Regulations, on completion of the Qualifying Period the Agency Worker may be entitled to

paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.

7.4. All entitlement to leave must be taken during the course of the Leave Year in which it accrues and, save as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, none may be carried forward to the next year. The Agency Worker is responsible for ensuring that all paid annual leave is requested and taken within the Leave Year.

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

7.6. Subject to clause 0, the amount of payment which the Agency Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Agency Worker has worked on Assignment.

7.7. Subject to clause 0, in the course of any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year.

7.8 Save where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2 or clause 0 (if applicable), that day shall count as part of the Agency Worker’s paid annual leave entitlement.

7.9 Where this contract is terminated by either party, the Agency Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with clause 7 at the date of termination.

8. SICKNESS ABSENCE 8.1. The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria. 8.2. The Agency Worker is required to provide the Employment Business with evidence of incapacity to work which may be by

way of a self-certificate for the first 7 days of incapacity and a doctor’s Fit Note thereafter. 8.3. For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an

Assignment and that qualifying day shall be the Wednesday in every week. Therefore, if an Agency Worker works on an intermittent basis, with no regular pattern of work, then the Agency Worker must be absent on 4 consecutive Wednesdays in order to qualify for SSP.

8.4. In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

9. TERMINATION 9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any

time without prior notice or liability. 9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the

continuation of the contract entered into between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).

9.3. If the Agency Worker does not inform the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.

9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.

9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 3 weeks, the Employment Business will forward his/her P45 to his/her last known address.

Colleague Handbook


10. WORKPLACE PENSION

10.1 The Employment Business’s staging date is 1st August 2013. The Employment Business has postponed the date for automatic enrolment for eligible Agency Workers to be enrolled to 1st October 2013.

10.2 The Employment Business has chosen to offer NEST (www.nestpensions.org.uk) as its workplace pension scheme to meet its employer duties.

10.3 The Agency Workers will be automatically enrolled if on the 1st October 2013 they are

• aged at least 22 but under State Pension age • working, or if you ordinarily work, in the UK • earning more than £9,440 • not already a member of a qualifying workplace pension scheme

10.4 The Agency Worker can choose to opt in to NEST if they are:

• not already a member of an existing qualifying workplace pension scheme • aged at least 16 but under 75 • earning more than £5,668 • working, or if you ordinarily work, in the UK.

10.5 The Agency Worker has the right to opt out of the workplace pension by contacting NEST direct on 0300 020 0090 (lines open

between 8.00 a.m. and 8.00 p.m. Monday to Sunday. If the Agency Worker opts out within one month of being automatically enrolled, they will have their contribution refunded. If the opt out takes place after one month, the contributions will be held in a pot. The Agency Worker can opt back into the workplace pension scheme once in every 12 months.

10.6 The Employment Business will pay a minimum employer contribution of 1% on each eligible Agency Worker’s band of qualifying earnings and collect and pay over the Agency Worker’s contribution which will also be phased in gradually until it reaches its maximum in 2018.

11. GRIEVANCE

If an Agency Worker has a problem or concern about their Assignment or working conditions, they should aim to settle their grievance with the Consultant of the Employment Business responsible for that Assignment. If an Agency Worker’s grievance cannot be settled informally, or a formal approach is preferable, the Agency Worker should raise it formally with the Managing Director of the Employment Business as follows: 11.1. Written Statement – The Agency Worker must set out their grievance in writing and send this statement to the Director

of the Employment Business. 11.2. Meeting – The Employment Business will invite the Agency Worker to attend a meeting to discuss the grievance once the

Employment Business has had a reasonably opportunity to consider its response to that information.

After the meeting, the Employment Business will invite the Agency Worker of its decision and work towards rectifying the issues raised where practicable.

12. INTELLECTUAL PROPERTY RIGHTS The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him./her for the Hirer during the Assignment shall belong to the Hirer. Accordingly, the Agency Worker shall execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause. 13. CONFIDENTIALITY 13.1. In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice

to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows: 13.1.1. Not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the

Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;

13.1.2. To deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and

13.1.3. Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.

Colleague Handbook


14. DATA PROTECTION 14.1. The Agency Worker warrants that in relation to these Terms, s/he shall comply with all provisions applicable to him/her

under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.

14.2. The Agency Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Agency Worker to the Hirer (now or in the future), and the Hirer; 14.2.1. Processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to

these Terms; and 14.2.2. Exporting and/or processing his/her personal data in jurisdictions outside the European Economic Area for

purposes connected with the performance of these Terms. 15. SEVERABILITY If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws. 16. NOTICES All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by First Class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served; if by hand when delivered; if by First Call post 48 hours following posting; and if by email or facsimile transmission, when that email or facsimile is sent. 17. GOVERNING LAW & JURISDICTION These Terms are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

I CONFIRM THAT THIS CONTRACT HAS BEEN EXPLAINED TO ME AND I FULLY UNDERSTAND ITS CONTENTS.

ROZUMIEN WARUNKI KONTRAKTU, KLORE ZOSTAL MI PRZEDSTAWILONE (W DANY M KONTRAKCIE)

SOUHLASIM TETO SMLOUVE BYLA MI PRELOZENA A PLNE SEM VSEMU ROZUMNEL

SI SUTARTIS BUVO PAAISKINTA MAN IR AS PILNAI SUPRATAU JOS ESME SIGNED BY THE AGENCY WORKER: DATE:

Colleague Handbook


19. RTWTR AGREEMENT DEFINITIONS

“The Employment Business” Means First Call Contract Services Limited means [Registered Company No. 3296899] whose registered office address is at The Old Exchange, 12 Compton Road, Wimbledon, London SW19 7QD and any of the Employment Business’s operating locations;

“The Mobile Worker” Means the temporary workers engaged on contracts for services by the Employment Business who are mobile workers;

“The Particular Group” Means the group of temporary workers engaged as self-employed workers on contracts for services by the Employment Business who are mobile workers, as distinct from other temporary workers currently engaged who are non-mobile workers;

“The Representatives” Means the duly elected representatives of the Particular Group;

“The Regulations” Means the Road Transport (Working Time) Regulations 2005;

RECITALS 1. The Working Time Road Transport Regulations that came into force 4th April 2005.

2. The Employment Business and the Representatives of the workforce in a workforce agreement have on behalf of the workforce to adopt the flexibility provided by the regulations in respect of the night-work limit and reference periods for calculating the 48 hour average working time.

PROVISIONS

1. Scope of Agreement This Agreement is made pursuant to Regulation 9(2) and Regulation 4(4) of the Regulations, which permits the extension of night working limits and reference period through the means of a Workforce Agreement between the Workforce and the Employment Business. This Agreement will be signed by each individual member of the Workforce.

2. Term of the Agreement This Agreement shall remain in force for a period of 5 years from date of signature.

3. Operative Provision 3.1 The parties acknowledge and agree that for reasons concerning the organisation of work, namely greater work flexibility, they wish to extend the night working limits and reference period in line with clauses 3.2 and 3.3 below. The parties believe it is in the benefit and interests of both the Employment Business and the Mobile Worker to amend such provisions as set out herein below. 3.2 Night Work Limit – The Mobile Worker within the Workforce will work beyond the 10 hour night work limit stated in the regulations but only to the extent where this would not be in breach of other provisions of the regulation or EU Driver's Hours Regulations 3820/85 3.3 Reference Period – 3.3.1 For the purpose of calculation of the 48 hour average the first reference period shall run from the first week in January of each year and will be calculated over successive 26-week periods (i.e. the reference periods that will apply are 1st January to 30th June and 1st July to 31st December each year); and 3.3.2 The first day of the successive 26-week reference period will be calculated from a Monday to a Sunday. 3.4 This pattern of fixed calendar reference periods will continue until this agreement is terminated. 3.5 The remainder of the Regulations excluding Regulation 9(2) and Regulation 4(4) remain in force.

4. Avoidance of Doubt For the avoidance of doubt, the parties acknowledge and agree that save as specifically set out above, the provisions of the Regulations shall be of full force and effect. In order to adopt the flexibility of the Road Transport (Working Time) Regulations 2005 ("The Regulations"), a Workforce agreement may be agreed between the Mobile Workers and the Employment Business, whereby the Employment Business may make use of the flexibility contained within the Regulations. The Employment Business has agreed a workforce agreement with its Mobile Workers as detailed above. Below is an explanation as to the flexibility adopted by the Employment Business and its Mobile Workers:-

5. Flexibility 5.1 Average Working Limit: A mobile worker subject to "Tachograph rules" is limited to a Working time average of 48 hours over a 17 week reference period. Regulation 4(4) permits First Call Contract Services Limited to increase the reference period to 26 weeks and use a fixed reference period. 5.2 Night - time Working A mobile worker subject to "Tachograph rules" is limited to a Working time of 10 hours in any 24 hour period, if the working hours fall between 00.00 and 04.00. Regulation 9(2) permits First Call Contract Services Limited to extend the night working beyond the 10 hours limit. However, the total number of hours night work performed safely is effectively restricted by the operation of the EU driver's hours rules. Note for Newly Joined Temporary Workers You may wish to adopt the terms of the Workforce Agreement in order to make use of the flexibility of the Regulations, which will benefit both you and First Call Contract Services Limited. The terms of the workforce agreement forms an amendment to the Terms of Engagement you have signed.

I (name) understand and accept the terms of the Workforce Agreement SIGNATURE: __________________________________________________ DATE: _______________________________

Colleague Handbook


20.HEALTH AND SAFETY INDUCTION &

ADVICE

Colleague Handbook


Introduction Every year, thousands of workers are injured in the workplace accidents that could easily have been avoided. The major causes of these accidents are down to insufficient training, negligence, not wearing protective clothing and carelessness. This induction booklet, designed by First Call Contract Services to provide our temporary workforce with some general guidance on how they can best protect themselves from harm whilst working on assignment for our clients. In addition, First Call Contract Services, by way of consultation, have ensured that their clients will induct all temporary workers supplied in on the job training and site Health & Safety. We duly advise our workers to adhere to all Health & Safety measures pursuant to the client/site that they are assigned to. Employees also have a responsibility for their own Health & Safety and that of others. However, should you at any time, feel that your safety or wellbeing is being compromised; then please contact your local First Call Contract Services branch at your earliest opportunity.

Colleague Handbook


1. Health & Safety

Everyone has a responsibility for their own safety and that of their colleagues: You can help in protecting yourselves from accidents by:

• Always working safely, so that you don’t endanger yourself or others through thoughtless actions. • Not operating any item of equipment unless trained and authorised to do so. • Not removing any guarding from equipment used or deviating from your authorised usage of the

equipment. • Reporting immediately any equipment defect and never attempting repair. • Complying with all hazard/warning signs and notices displayed on the premises. • Taking the initiative to report any hazards. • Reporting unsafe working practices. • Adhering to the rules that apply in the workplace for health and safety and fire safety (this

information will be provided during your on-site induction). • Never obstructing any fire escape routes, fire equipment or doors. • Wearing and using the Personal Protective Equipment (PPE) issued to you (if applicable). • Working in line with the client’s health & safety practices to improve safety performance. • Reporting any medical condition that could affect your safety or that of others. • Following all rules pertaining to no smoking areas. • Always wearing a seatbelt whilst driving or travelling in a vehicle (Mobile Workers only). • Not using a mobile phone whilst driving any vehicle (Drivers only).

2. Fire Procedures

It is imperative that you adhere to our clients Fire and Evacuation Procedures. During your on site induction, you will be shown where the fire exits are located and the fire assembly point. 3. First Aid & Accident Reporting

It is a legal requirement for companies to have a number of permanent employees who are qualified in First Aid. The exact number of trained first aid staff required is dependent on the size of the workforce. During your on-site induction you will be informed of who the first aiders are and how you can obtain first aid if the need arises. You will also be informed of who you need to report accidents to. All accidents, however small, must be recorded in the client’s accident book. You should also inform your local First Call Contract Services office at your earliest opportunity.

4. Manual Handling

4.1 Before deciding to undertake a manual handling task, consideration should be given to using other means

i.e. lifting devices, sack barrows, etc. If other means are not available and manual handling is the last resort, a manual handling assessment must be carried out.

4.2 In general, unfamiliar loads should be treated with caution. For example, it should not be assumed that

empty boxes or closed containers are in fact empty. The load must first be tested, e.g. by attempting to raise one end. Force should be gradually applied until undue strain is felt, in which case the task should be reconsidered, or it is apparent that the task is within the handlers’ capability.

4.3 Stop and think:

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

Colleague Handbook


4.4 Adopt a good posture, knees bent, get a firm grip:

Place the feet, feet apart, giving a balanced and stable base for lifting. The leading leg needs to be as far forward as is comfortable.

Adopt a good posture; bend the knees so that the hands, when grasping the load, are as level with the waist as possible. Get a firm grip; try to keep arms within the boundary formed by the legs. The optimum position and nature of the grip depends on the circumstances and individual preference, but it must be secure. A hook grip is less fatiguing than keeping the fingers straight. If it is necessary to vary the grip as the lift proceeds, do this as smoothly as possible.

4.5 Don’t jerk:

Don’t jerk, carry out lifting movements smoothly, keeping control of the load.

4.6 Move the feet, keep close to the load:

Move the feet; do not twist the trunk when turning to the side. Keep close to the load; keep the load as close to the trunk for as long as possible. Keep the heaviest side of the load next to the trunk. If a close approach to the load is not possible, try sliding it towards your before attempting to lift it.

4.7 Put down then adjust:

Put down, then adjust, if precise positioning of the load Is necessary, put it down first, and then slide it into desired position.

4.8 Lifting and lowering:

Bad Lift Good Lift

As a guide, if something weighs over the recommended max lifting weight (25kg for men & 16kg for women), the box is over the size you can comfortable lift by yourself or you need a large quantity from the pallet/location for your pick, please make sure that you ask for help or mechanical aid.

Colleague Handbook


5. Safety Wear

You may be required to wear items of protective clothing whilst on some assignments. Items that are most common are:

• Safety Boots • High Visibility Waistcoat/Jacket • Warehouse Coat • Hair nets/Hats • Ear plugs

Items may either be issued by First Call Contract Services or the client. In all cases, if safety wear has been issued to you, it is imperative that it is worn at all times whilst on that particular assignment. 6. Alcohol and Drugs

In order to avoid any misunderstanding, First Call Contract Services has the following very strict policy on alcohol or drugs:

• First Call Contract Services have a Zero tolerance on the consumption of alcohol prior to or during work.

• First Call Contract Services & our clients are drug free zones

• Only prescribed drugs will be permitted

You should ensure that you never turn up for work under the influence of drugs and/or alcohol, otherwise this will result in instant dismissal. 7. Mobile Phones & MP3’s

The use of mobile phones and MP3 players etc. are prohibited during working hours. They must be switched off whilst working but can be used during your break times. All personal belongings will remain your responsibility whilst on site. First Call Contract Services and our clients will not accept any liability for loss or damage to your items

colleague handbook - your help for working with firstcall

Documents