1. In these Terms of Employment the following definitions apply:-
      “Assignment” means the period during which the Temporary Worker is supplied to undertake work for the Client;
      “Client” means the person requiring the services of the Temporary Worker;
      “Step By Step” means Step by Step Recruitment Limited (Company No. 06564809) whose registered office is at 5 Haswell House, St Nicholas Street, Worcester, WR1 1UW
      “Temporary Worker” means
      “these Terms” means these Terms of Employment
      “2010 Regulations” means the Agency Workers Regulations 2010 (SI 2010/93).
    2. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
    3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
    1. Step By Step operates as an employment business providing a work finding service.
    2. Each Assignment terminates on Sunday of each week.
    3. These terms constitute a contract of employment between Step By Step and the Temporary Worker and govern all Assignments allocated to the Temporary Worker.
  3. HOURS
    1. Step By Step shall endeavour to allocate suitable work for the Temporary Worker commensurate with his experience and qualifications to do when it has such work available. The Temporary Worker will be given as much notice as is reasonably practicable of the hours of work allocated to the Temporary Worker for each monthly period, subject to change in the event of any fluctuation in Step By Step’s requirements.
    2. The Temporary Worker shall ensure his availability to work during the Client’s normal hours of business whenever requested to do so by Step By Step except on those days when the Temporary Worker has given Step By Step not less than 24 hours’ notice of his or her unavailability for work.
    3. Holiday may not be taken in units of less than a day or, if shorter, the full number of hours on which the Temporary Worker would otherwise be scheduled to work on such day.
    4. The Temporary Worker must comply with Step By Step’s time-recording procedures. The Temporary Worker will be paid for all time he or she has recorded which has been properly authorised and signed by the Client and verified and approved by Step By Step in any week.
    5. Step By Step shall comply with its obligations under the 2010 Regulations and in particular:
      1. Ensure that the Temporary Worker receives any rights in relation to basic working and employment conditions to which he or she is entitled under Regulation 5 of the 2010 Regulations once the Temporary Worker has completed the qualifying period (for the purposes of the 2010 Regulations the Temporary Worker must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments);
      2. in accordance with Regulation 12 of the 2010 Regulations, ensure that, unless less favourable treatment is justified on objective grounds, the Temporary Worker is treated no less favourably than a comparable worker in relation to the collective facilities and amenities provided by the Client (“collective facilities and amenities” being defined in that Regulation to include in particular (a) canteen or other similar facilities; (b) child care facilities; and (c) transport services); and
      3. in accordance with Regulation 13 of the 2010 Regulations, ensure that during the Assignment the Temporary Worker is informed of any relevant vacant posts with the Client to give the Temporary Worker the same opportunity as a comparable worker to find permanent employment with the Client.
    6. The Temporary Worker agrees to immediately notify Step By Step if he or she has been placed to work for the Client at any time in the past by an employment or recruitment agency other than Step By Step
    7. Overtime may be offered by the client. Overtime is non-compulsory. Overtime pay rate may be applicable but may vary dependent on the client and the job role.
    1. Step By Step shall pay to the Temporary Worker remuneration calculated at an hourly rate as agreed for each hour worked, subject to deductions for the purpose of National Insurance Contributions, Income Tax and any other deduction which Step By Step may be required by law to make.
    2. The rate of remuneration will be agreed in advance in respect of each Assignment.
    3. All monies due to the Temporary Worker will be paid weekly in arrears by an electronic transfer to the Temporary Worker’s nominated bank account.
    4. The amount of remuneration due to the Temporary Worker shall be determined by timesheets that are properly authorised and signed by the Client in accordance with clause 3.7.
    5. Subject to statutory entitlement under the relevant legislation, and save as otherwise provided in these Terms the Temporary Worker is not eligible to receive payment from Step By Step or the Client for time not spent on assignment.
    6. Step By Step will pay for hours worked regardless of Step By Step being paid by the Client but shall make no payments to the Temporary Worker for hours not worked.
    7. The Temporary Worker is responsible for all his travelling expenses to and from the place of work.
    8. The Temporary Worker’s pay will not be less than the National Minimum Wage or, if applicable, the Agricultural Wages Order from time to time in force.
    9. If the Temporary Worker is for any reason indebted to Step By Step for any amount Step By Step shall be entitled to make a deduction in or towards the discharge of that liability from his pay or any other money payable from Step By Step to him.
    1. For the purposes of calculating entitlement to paid annual leave pursuant to the Working Time Regulations 1998, the leave year commences on the 1st April each year.
    2. The Temporary Worker is entitled to 28 days annual leave per annum. All entitlement to leave must be taken during the course of the leave year in which it accrues. The annual leave period runs from 1st April to 31st March. No annual leave will be carried forward to the next year unless it has been booked and subsequently authorised by an officer of Step By Step.
    3. In the course of any assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth of his total holiday entitlement in each month of his leave year. Where the Temporary Worker wishes to take any leave to which he is entitled, he should notify Step By Step in writing of the dates of his intended absence. The amount of notice that the Temporary Worker is required to give should be at least twice the length of the period of leave that he wishes to take. Step By Step may postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances Step By Step will inform the Temporary Worker in advance of such postponement or reduction.
    4. Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on assignment during the leave year. The amount of payment which the Temporary 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 basic paid hours which the Temporary Worker has worked on assignment.
    5. No amount of paid annual leave may be taken in advance of accrual.
    6. The Temporary Worker may be eligible for Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay provided that the Temporary Worker meets the relevant statutory criteria.
    7. Where these Terms are terminated by either Step By Step or the Temporary Worker and a P45 is requested the Temporary 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.
    1. The Temporary Worker must notify Step By Step on every day of absence from work or as soon after it as is practicable and give the reason for and expected duration of the absence and also:
      1. Complete and sign a self-certification of absence document as soon as it is practicable and in any event not later than on the Temporary Worker’s return to work; and
      2. Send to Step By Step a certificate of disability by a registered medical practitioner at the end of seven days from the start of the Temporary Worker’s absence and the further certificate in each successive week of absence.
      3. The Temporary Worker may be eligible for Statutory Sick Pay provided that he meets the relevant statutory criteria.
      4. For the purposes of statutory sick pay the agreed “qualifying days” are every day on the Temporary Worker is required to work for Clients under these Terms.
      5. There is no contractual right to payment in respect of periods of absence due to sickness or incapacity, and any such payments are at the discretion of Step By Step
    1. The Temporary Worker shall comply with the following conditions at all times when he is due to undertake work for a Client:-
      1. not to engage in any conduct detrimental to the interests of the Client or Step By Step.
      2. to act in a professional way at all times while carrying out the work for the Client.
      3. to use the best applicable techniques and standards and execute the services with all reasonable care, skill and diligence.
      4. to be present during the times, or for the total number of hours during each day and/or week as may be agreed.
      5. to keep all engagements made and to telephone Step By Step immediately regarding any inability to report for duty by no later than 10.00am on the first day of absence to enable alternative arrangements to be made.
      6. to afford to the Client such faithful service as would be expected by the Client from a contract of employment and not at any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Client’s or Step By Step’s employees, business affairs, transactions or finances.
      7. to report any accident or incident, that occurs whilst on an assignment, to the Client. It is the Temporary Worker’s responsibility to ensure the accident or incident is entered in to the Client’s accident book. The Temporary Worker should also inform Step By Step so that it may comply with its health and safety obligations.
      8. to not operate any vehicle, plant or machinery without prior agreement between, and subsequent authorisation from, Step By Step and the Client.
      9. to observe and comply with any relevant rules and regulations of the Client’s establishment to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain as well as all rules or obligations in force at the premises where the work is performed to the extent that they are reasonably applicable
      10. to comply with all reasonable instructions and requests within the scope of the agreed work made either by Step By Step (with consent of the Client) or the Client and to co-operate with the Client’s staff and accept the direction, supervision and control of any responsible person in the Client’s organisation.
      11. to keep driving licences and certificates up to date and valid.
      12. unless arrangements have been made to the contrary, to conform to the normal hours of work in force at the Client’s establishment and to follow the procedures relating to time recording and time keeping for that particular business.
    1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to Step By Step his time sheet duly completed to indicate the number of hours worked by him during the preceding week (or such lesser period) and signed by an authorised representative of the Client. Failure to submit a time sheet for hours worked may delay payment for those hours.
    2. For the avoidance of doubt and for the purposes of the Working Time Regulations 1998, the Temporary Worker’s working time shall only consist of those periods during which he is carrying out his activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes.
    1. There is no obligation on Step By Step to provide or on the Temporary Worker to serve any normal number of hours in any day or week. In the event of the Temporary Worker declining to accept any offer of work, or not attending work for any reason, for any period, Step By Step may terminate these Terms.
    2. Step By Step or the Client may, without prior notice or liability, instruct the Temporary Worker to end an Assignment at any time.
    3. The notice in writing required by the Temporary Worker or Step By Step to terminate the Temporary Worker’s employment will be one weeks notice if the Temporary Worker has been continuously employed by Step by Step for up to 2 years; and then one week’s additional notice for each completed year of employment from 2 completed years, up to a maximum of 12 weeks notice.
    4. Step by Step reserves the right to terminate the Temporary Worker’s employment under these Terms without notice if:
      1. The Temporary Worker rejects 2 or more successive requests to attend work for any Client or fails to attend work for any Client on 2 or more successive occasions; or
      2. The Temporary Worker is unavailable for work for 3 or more weeks other than in exceptional circumstances or without Step by Step’s prior approval.
    1. Notwithstanding any other provision of these Terms, but subject to clause 10.3 below, Step By Step will not be liable to the Temporary Worker arising out of or in connection with these Terms and/or the provision of (or any delay in providing or failure to provide) the Assignment for (i) any loss of or damage to profit, revenue, savings, data, use, goodwill or business or (ii) any indirect or consequential loss or damage, in each case howsoever caused or arising
    2. The term “howsoever caused or arising” when used in this clause 10 shall be construed widely to cover all causes and actions giving rise to liability, including but not limited to (i) whether arising by reason of any misrepresentation (whether made prior to and/or in these Terms), negligence, breach of statutory duty, other tort, breach of contract, restitution or otherwise and (ii) whether arising under any indemnity and (iii) whether caused by any total or partial failure or delay in supply of the assignment.
    3. Nothing in these Terms shall limit or exclude any party’s liability for fraud, or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
    1. The disciplinary policy applicable to the Temporary Worker’s employment is available on request. The disciplinary rules form part of these Terms but the disciplinary procedure is not contractual. If the Temporary Worker is dissatisfied with any disciplinary decision relating to him he should apply in writing to Hayley Wilkes.
    1. If the Temporary Worker has any grievance relating to his employment with Step By Step he should apply in writing to Hayley Wilkes. The grievance procedure in relation to the Temporary Worker’s employment is available on request. The procedure is not contractual.
    1. Where Step By Step receives any personal data (as defined by the Data Protection Act 1998) (“the Act”) it shall ensure that it fully complies with the provisions of the Act. Step By Step has systems in place to ensure that it complies with the Act and in particular the security of personal data and the reliability of all of its employees who may be involved in processing personal data.
    2. Step By Step shall allow the Temporary Worker reasonable access to such information as is necessary to ensure that it complies with the provisions of the Act.
    1. There are no collective agreements relevant to the Temporary Worker’s employment with Step By Step.
    1. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
    1. Headings contained in these Terms are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
    1. If any provision, clause or part clause of these Terms is held to be invalid, void or otherwise unenforceable by judicial body, the remaining provisions of these Terms shall remain in full force and effect to the extent permitted by law.
    2. Should Step By Step fail to enforce or apply any of the rights that it has under these Terms, it shall not be construed that Step By Step approves or agrees to any breach of contract or that it loses its rights to enforce these Terms in full at any time now or in the future.
    3. No variation or alteration of these Terms shall be valid unless approved by Step By Step in writing.
  18. LAW
    1. These Terms are governed by English law and are subject to the exclusive jurisdiction of the English jurisdiction of the English Courts.