1. DEFINITIONS AND GENERAL
1.1 In these terms and conditions:
1.1.1 ‘Assignment’ means the healthcare services performed by You for a Client for a period of time during which You are supplied by Us.
1.1.2 ‘AWR’ means the Agency Workers Regulations 2010 as amended and any succeeding legislation.
1.1.3 ‘Booking Confirmation’ means written confirmation of the detail of a particular Assignment to be given to You on acceptance of that Assignment.
1.1.4 ‘Client’ means a person, firm, partnership, company or Group company (as the case may be) to whom You provide services when Engaged by Us.
1.1.5 ‘Conduct Regulations’ means the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319).
1.1.6 ‘Confidential Information’ means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, staff, products, affairs and finances of the Client or any Group Company and Ourselves (or any of Our Group Companies) for the time being confidential to the Client or Ourselves or any information that You may have acquired during or in connection with an Assignment or other assignments (whether performed by You or not) including any of the Client’s procedures or the identity, medical condition treatment or other personal details of any patient and trade secrets including but not limited to, without limitation, technical data and know-how relating to the business of the Client or Ourselves or of Our or their suppliers, customers, agents, distributors, shareholders, management or business contacts and including but not limited to Personal Data, information, documents and other materials that You create, develop, receive or obtain during or in connection with the Assignment, whether or not such information (if in anything other than oral form) is marked confidential.
1.1.7 ‘Data Protection Laws’ means (i) the UK Data Protection Act 2018; (ii) the General Data Protection Regulation (GDPR) as revised and superseded from time to time; (iii) Directive 2002/58/EC as updated by Directive 2009/136/ EC (privacy Directive); and (iv) any other laws and regulations (including any successor legislation) relating to the processing of Personal Data and privacy which apply to a party.
1.1.8 ‘Engage’ means to book or use Your services for the purpose of the Assignment and ‘Engagement’ shall have a related meaning.
1.1.9 ‘Group Company’ means (a) any individual, company, partnership, statutory body or other entity which from time to time controls the Client, 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 Client, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006.
1.1.10‘Key Information Document’ means the document setting out important information that We are required to give You by Regulation 13 A of the Conduct Regulations.
1.1.11‘the parties’ means You and Us, collectively.
1.1.12‘Personal Data’ means as defined under the Data Protection Laws in force at the time.
1.1.13‘Qualifying Period’ means 12 continuous calendar weeks as defined in AWR.
1.1.14‘You’ means a work seeker to be supplied by Us to Our Clients and ‘Your’ has a related meaning.
1.1.15‘We’, ‘Us’, ‘Ourselves’ or similar words mean Pulse Healthcare Limited
1.2 These terms and conditions and the Booking Confirmation set out the entire agreement between the Parties and shall govern all Assignments You undertake. In the event of conflict with any other document, these terms and conditions shall prevail. No contract shall exist between the Parties between Assignments. This agreement is a contract for services and not a contract of employment between the Parties or between You and the Client. You have the status of worker and this means that You may not have the same terms and conditions, protections, or obligations as someone who works as an employee. There is no collective agreement which directly affects Your engagement as a Worker.
1.3 If You accept an Assignment that We offer You, You shall be deemed to have accepted these terms and conditions whether or not You have signed the declaration at the bottom hereof. Your Assignment shall commence on the date specified in the Booking Confirmation. No probationary period applies to Your Assignment.
1.4 For the purposes of the Conduct Regulations, in Our dealings with You We will operate as an employment business
1.5 The headings contained herein are included for convenience only and shall not affect the interpretation of the contents hereof in any way.
1.6 No variation or alteration to these terms and conditions shall be valid unless approved by one of Our directors, in writing and agreed by You.
1.7 These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.
1.8 Any unenforceable or invalid term herein shall be deemed severed from the valid provisions which will remain in full force and effect.
1.9 These terms and conditions (together with any Booking Confirmation) shall prevail over any other terms and conditions You may proffer. In the event that these terms and conditions conflict with the Booking Confirmation, these terms and conditions shall prevail.
1.10 Each party acknowledges that in entering into the terms and conditions it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the terms and conditions.
2. OUR OBLIGATIONS TO YOU
2.1 We will seek Assignments for You of the type of work You have told Us that You wish to do and We shall confirm the details of such work, including location in the Booking Confirmation. We shall determine, in Our sole and absolute discretion, Your suitability for any Assignment. We make no representation to You, however, that We will find a suitable position for You and You appreciate that there may be no work available for You. We are not obliged to offer You work and We shall incur no liability to You for not doing so. You will not be required to work outside the UK. Details of any training that may be required in relation to an Assignment will be notified as part of Our pre-employment screening and will vary depending upon the work You are engaged to undertake; information regarding training requirements is found on Our website in the online registration section.
2.2 You will be paid weekly in arrears directly into Your bank account. If We receive Your timesheet late, incomplete or unsigned, payment may be delayed. We shall be entitled to deduct any sums due to Us from the payment.
2.3 We will pay You for the hours You work irrespective of whether or not We recover any payment from Our Client for Your work. Your pay is subject to those deductions for PAYE Income Tax, National Insurance contributions and any other amounts that We are required by law to make. We are not liable for payment if You book Yourself onto an Assignment without reference to Us.
2.4 You will be paid at the rate of pay We will agree with You for the Assignment and always at least the minimum amount stated in the Key Information Document that You acknowledge that You have received. Pay rates also include a payment in respect of accrued holiday pay. The actual rate You will receive for any Assignment together with the exact proportion of actual pay versus holiday pay comprising the pay rate will be confirmed in writing to You in a Booking Confirmation upon offer of Assignment if it has not previously been provided to You. If You complete the Qualifying Period, You may be entitled to enhanced rates and/or benefits under the AWR. You may be eligible for statutory sick pay (SSP); particulars are available in the Agency Worker Handbook. There are no benefits applicable to Your engagement.
2.5 The details of the Assignment that are confirmed to You may thereafter be changed only if the change is recorded in writing and signed by one of Our directors.
2.6 Subject to clause 2.7, We are not responsible for any personal injury or damage You may suffer (i) whilst on the premises or property of the Client; (ii) whilst acting on the Client’s instructions or under its control or supervision, or (iii) whilst travelling to or from the property or premises of the Client.
2.7 Our liability to You for any losses arising from Our (or Our employees’, subcontractors’ or agents’) breach of this agreement or of any statutory provision, negligence, misconduct or otherwise is limited to (i) the fees that are payable to You for the Assignment in respect of which Our liability to You arose; and (ii) direct losses only. You agree to use Your reasonable endeavours to mitigate any loss or damage suffered arising out of or in connection with the Assignment. Our liability for death or personal injury arising from Our negligence and Our liability for Our fraud or fraudulent misrepresentation is not limited or excluded.
3. YOUR OBLIGATIONS TO US AND TO THE CLIENT
3.1 You are not obliged to accept any Assignment that We offer You, but if You do so then You agree to do so in accordance with the requirements of these terms and conditions. You agree to perform any Assignment with reasonable care and skill.
3.2 By accepting an Assignment, You agree that You are willing to work in the position our Client seeks to fill by that Assignment and You warrant to Us that You have the qualifications and skills required to do so.
3.3 You will not approach the Client with any complaint or inquiry about Your remuneration without first approaching Us and allowing Us 30 days to respond thereto. We will then approach the Client on Your behalf.
3.4 You are obliged to attend and complete Your Assignment whether or not You receive a written Booking Confirmation from Us.
3.5 If You are offered an Assignment and You have previously worked in the same or similar role with the Client through a third party after 1 October 2011 then You must inform Us immediately You become aware of this and, if possible, before the Assignment starts. You must provide Us with full details of the work undertaken.
3.6 You must immediately inform Us if, since 1 October 2011, whether before any Assignment with a Client starts and/or during that Assignment, You have either (i) completed 2 or more Assignments with that Client; (ii) completed an Assignment with the Client and another Assignment with one of the Group Companies of that Client; and/or (iii) worked in more than 2 roles during an Assignment with that Client and on at least 2 occasions that role was not the same role as the previous role.
3.7 If You consider that You have not or may not have received equal treatment under the AWR, You may raise this in writing with Us setting out as fully as possible the basis of Your concerns.
3.8 You must inform Us if the reason for Your not working during any break between Assignments is due to one or a combination of any of the following reasons: sickness or injury; pregnancy, childbirth or maternity; for the purpose of taking time off or leave, whether statutory or contractual, to which You are otherwise entitled; due to Your being summoned for jury service; due to seasonal reduction in requirements for workers according to the Client’s established custom and practice; or due to industrial action at the Client’s workplace.
3.9 If the Client requires You to work longer than the hours that are usual for their organisation in any given week, or in any event more than 37 hours in any given week You must notify Us as soon as reasonably practicable and in any event before the 37 hours of work are completed.
3.10 You shall co-operate with Us in the completion and renewal of all mandatory checks, including any in relation to Your right to work in the United Kingdom.
3.11 You shall inform Us immediately if You become aware of any reason why You may not be suitable for any Assignment or if You have any reason to believe it may be detrimental to Your interest or Our Client’s interest for You to undertake any Assignment.
3.12 You warrant that You shall comply with the Data Protection Laws.
3.13 You shall indemnify Us and keep Us indemnified against any losses, liabilities, damages, costs, expenses, fines, penalties or interest whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges suffered or incurred by Us by reason of any proceedings, claims or demands by You, the Client or any third party arising out of any non-compliance with, and/or as a result of, any breach of this agreement, including any negligent or reckless act, omission or default in the provision of the services or the Performing of any Assignment; or any breach of the Data Protection Laws by You.
4. PERFORMANCE OF THE ASSIGNMENT
4.1 You shall commence the Assignment punctually and conform to the normal work hours of the Client unless We have expressly agreed otherwise with You and We have recorded
Our agreement in writing. There are no normal hours of work; Your hours will depend upon the particular Assignment. However You will be notified Your hours, normally in the Booking Confirmation.
4.2 You will co-operate with the Client’s staff and accept thesupervision, control and instruction of any responsible person within their organisation.
4.3 You will observe the health and safety policies of the Client and take all reasonable steps to safeguard Your own safety and
the safety of any other person who may be present or affected by Your actions.
4.4 You will comply with any data protection policy of any Client when handling Personal Data including Personal Data relating to any employee, worker, contractor, customer, Client, patient, supplier or agent of Ours or a Group Company or a Client.
4.4 You will not smoke on the Client’s premises except where it is expressly permitted to do so.
4.5 You will wear any form of identification that We or the Client require and display this on Your clothing at all times when You are on the Client’s premises.
4.6 Whilst carrying out Your Assignment, You will adhere to the terms of any generally accepted Codes of Professional Conduct that apply to Your profession such as in the administration of drugs and sterile techniques and, in particular, where relevant shall have regard to the guidance contained in the General Medical Council’s publication ‘Good Medical Practice’ or codes of conduct for the NMC and HCPC relating to the conduct of practitioners.
4.7 You will not engage in any conduct detrimental to Our interests or to the interests of the Client or make any disparaging statements about Us or the Client.
5. LIABILITY AND INSURANCE
5.1 Subject to 5.2 below, You are strongly recommended to take out public liability and professional indemnity insurance policies with reputable insurers to cover Your liabilities that may arise under or in connection with this agreement. This does not apply to healthcare assistants or care and support workers.
5.2 If You are a surgeon, physician, doctor, dentist, nurse or midwife or other Allied Healthcare professions (including Social Workers) then You must (at Your own expense) belong to and subscribe to and be insured by the Medical Defence Union or Medical Protection Society or other equivalent organisation (in the case of a surgeon, physician, doctor or dentist) or the Royal College of Nursing or other equivalent organisation (in the case of a nurse) or the Royal College of Midwives or other equivalent organisation (in the case of a midwife) or other similar insurance scheme and that the insurance scheme covers all Your liabilities which may arise under or in connection with this agreement. In the event that You do not have such insurance cover You must inform Us immediately.
5.3 The insurance cover referred to in clauses 5.1 and 5.2 shall not be less than £3 million (or £10 million in the case of doctors), unless We have agreed, in writing, that cover of a lesser amount is adequate in the circumstances.
5.4 You shall on request supply to Us the insurance certificate giving details of cover and/or evidence that the relevant premiums have been paid.
5.5 You shall comply with all terms and conditions of the insurance policies at all times. If cover under the insurance policies shall lapse or not be renewed or be changed in any material way or if You are aware of any reason why the cover under the insurance policies may lapse or not be renewed or be changed in any material way, You shall notify Us without delay.
5.6 You shall indemnify and keep indemnified Us against any loss, liability, costs (including legal costs), damages or expenses that We may incur arising directly or indirectly from (i) any failure by You to comply with Your obligations under this agreement; (ii) any negligent or fraudulent act or omission by You; (iii) disclosure by You of any Confidential Information; (iv) any employment related claim brought by You in connection with the Assignment.
6. CONFIDENTIALITY AND INTELLECTUAL
6.1 You acknowledge that in the course of the Assignment, You will have access to Confidential Information. You agree that You will not (except in the proper course of Your duties), either during the Assignment or at any time after termination, use or disclose to any third party (and shall use Your best endeavours to prevent the publication and disclosure of) any Confidential Information. This restriction does not apply to (a) any use or disclosure authorised by the Client or required by law, a court of competent jurisdiction or any governmental or regulatory authority; and (b) any information which is already in, or comes into, the public domain otherwise than Your unauthorised disclosure.
6.2 Neither party shall use the other party's Confidential Information for any purpose other than to perform its obligations under this agreement.
6.3 You will deliver up to the Client at the end of each Assignment all documents, ID cards, swipe cards, equipment, passwords, passcodes and other materials belonging to the Client (and all copies), which are in Your possession.
6.4 The Client shall be the sole owner of any work product, including any intellectual property rights thereto, created during the Assignment, and You hereby assign to the Client (where appropriate, by way of assignment of future copyright) or (in any other case) agree to assign to the Client absolutely on demand, with full title guarantee and for no further consideration, all intellectual property rights in respect of such work product, and do all acts necessary to confirm that all intellectual property rights in the work has passed or will pass to the Client. Further, You agree to waive all moral rights in respect of Your work product.
7. REQUIRED PERIOD OF NOTICE
7.1 In the event that You do not wish to complete the Assignment, You will give notice to Us as follows:
7.2 In the event that You become aware that You are, due to an unforeseen event beyond Your control, unable to attend Your Assignment You will inform Us at the earliest possible opportunity and at least one hour before commencement of the Assignment or shift. In all other circumstances, You are required to work out Your Assignment until Your notice period is completed.
7.3 If You leave an Assignment without giving the required notice to Us We will hold You liable for any losses We or the Client may suffer as a result.
7.4 Nothing in this clause shall affect Your status as an agency
8. INFORMATION WE REQUIRE FROM YOU
8.1 You are required to produce evidence of Your eligibility to work within the United Kingdom. In the event that Your circumstances change in any manner that might affect Your continued eligibility to work in this country, You will immediately inform Us of the change.
8.2 You must furnish Us with proof of Your identity as well as evidence of Your experience, training and qualifications. Where the Assignment involves working with any Vulnerable Persons, You shall provide Us with copies of any relevant qualifications or authorisations including an up-to-date Disclosure and Barring Service certificate and two references which are from persons who are not related to You. We may request additional information from You and/or from any professional body to which You belong to determine Your suitability for an Assignment. You agree that We may share this information with the Client. You agree that We may share this information and any sensitive Personal Data We hold about You with the Client, with any Group Company of Ours or of the Client, those who provide products or services to Us (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Us or of Our Group Companies or any part of Our business.
9. MISCONDUCT AND TERMINATION
9.1 You will immediately inform Us of any investigation concerning Your acts or omissions, any event that has resulted in disciplinary action being taken against You, any allegations of misconduct or poor performance, or Your suspension or dismissal from any position in which You were working in Your professional capacity as a result of Your alleged misconduct or poor performance. You will do this irrespective of whether or not You consider the allegations to have any foundation or substance.
9.2 We may, without incurring any liability to You, alter or cancel Your Assignment at any time without notice.
9.3 Further, We may terminate this agreement immediately at any time and without notice or liability.
9.4 In the event of any misconduct or performance issues, the applicable procedure is set out in the Agency Worker Handbook. If You are unhappy with any aspect of Your work or are dissatisfied with any decision made in relation to this Agreement, the applicable procedure is set out in the Agency Worker Handbook.
10.1 Unless We agree otherwise and record that exceptional agreement in writing, You are responsible for the cost of Your own travel, meals, telephone calls, accommodation and any other business expenses. You must settle any amounts that You owe the Client before You complete Your Assignment.
10.2 We will only reimburse expenses if We have agreed to do so in writing and when the expenses have been incurred wholly, necessarily and exclusively in order to perform Your Assignment.
10.3 Any payment We may make to You in respect of an expense claim that You present to Us will be made on the understanding that such amounts are paid as an advance only and that if subsequently the expense claim is not paid by the Client for any reason We may reclaim these amounts from You.
10.4 All expense payments will be taxed at source in line with HMRC guidelines.
11. TIME SHEETS
11.1 Time spent travelling to and from the Client’s premises,lunch breaks and other rest breaks do not count as part of Your working time for purposes of preparing Your time sheet and the Working Time Regulations 1998 (‘WTR’).
11.2 At the end of each week of Your Assignment (or in the case of an Assignment of less than one week’s duration, at the end of the Assignment) You shall present to the Client for signature a time sheet or other written record of the hours You have worked during the preceding period. You will thereafter submit the document to Us.
12.1 For the purposes of calculating Your entitlement to leave, the leave year commences on 6 April. Under the WTR, You are entitled to at least 5.6 weeks’ paid leave each leave year (confirmed in the Booking Confirmation where applicable). For the avoidance of doubt, You may only take as many hours leave on any given day as You usually work in a day (or, if Your working hours vary, You may not take more hours leave on any given day than the average number of hours You have worked per day in the preceding 3 months) and You may only take as many days leave in any given week as there are working days in that week. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. You agree that You must, in accordance with employment legislation, take Your accrued annual leave in any given holiday year and You will be required to formally confirm at regular intervals that You have taken Your holiday entitlement as part of Our compliance processes.You must provide Us with information as to all periods of annual leave taken by You both during and between Assignments and We will review that information.
12.2 Once You have been engaged on an Assignment with Us the right to be paid leave begins on the first day of the Assignment. After that time, entitlement to paid leave accrues in proportion to the amount of time You have worked continuously on Assignment during the leave year.
12.3 The amount of the payment to which You become entitled in respect of such annual leave is calculated in accordance with and in proportion to the number of hours that You have worked continuously on Assignment. Payments for annual leave purposes are calculated on basic hours at basic rates of pay and will be paid alongside Your weekly pay as set out in clause 2.2 above. The accrued holiday pay paid to You will be confirmed (i) in a rate schedule provided to You on registration (and on any pay rate change) and/or available on request from Your consultant and/or (ii) on each Booking Confirmation and/or (iii) on Your payslips.
12.4 You must give Us notice in writing of Your intention to take leave to which You are entitled and that notice should include the dates of Your intended absence. You must give Us notice of at least twice the length of the period for which You wish to take leave. Unless We inform You that it is not convenient for You to take leave on the requested dates, You shall be entitled to take up Your leave entitlement as notified.
12.5 Where a bank holiday or other public holiday falls during an Assignment and You do not work on that day, You must advise Us in advance that You wish to take paid leave on that day in accordance with paragraph 12.4 above.
12.6 None of the provisions of these terms and conditions regarding Your statutory entitlement to paid leave shall affect Your status as an agency worker.
12.7 On completion of the Qualifying Period, You may be entitled to annual leave in addition to Your entitlement under Clause 12.1.
13. EXCLUSION OF WORKING TIME REGULATIONS
13.1 You agree that the maximum working time specified in Regulation 4(1) and (2) of the Working Time Regulations 1998 shall not apply to this contract for services. You may withdraw Your consent to this at any time by giving three months’ notice to Us, in writing.
14.1 We operate a stakeholder pension arrangement which You will be eligible to join. Further details of the Scheme and the application form can be obtained from our payroll team. From 1st September 2013, We are required to automatically enrol eligible workers into a pension arrangement. You will therefore be automatically enrolled into a qualifying pension scheme if You are an eligible worker. You will have the right to opt out if You wish to do so.
14.2 Your participation in the scheme referred to in paragraph 14.1 above is subject to the rules and provisions of the scheme and any related contracts or policies of insurance in force from time to time. We reserve the right to amend or withdraw the scheme at any time.
15. DATA PROCESSING
15.2 You acknowledge that the Client will collect and process information relating to You in accordance with its privacy notice. You will also comply with any other policy of the Client during an Assignment.
15.3 You shall comply with the privacy policies of both Us and the Client when handling personal information including Personal Data relating to any employee, worker, contractor, customer, Client, patient, supplier or agent of Ours or the Client.
Workplace pensions – what’s happening?
To help all of us to save for our retirement, automatic enrolment has been introduced by the government and is being rolled out throughout the UK. This means employers are enrolling their employees into a workplace pension as an easy way to help them start saving for the future. Pulse Healthcare Ltd will be using The People’s Pension as your workplace pension scheme for automatic enrolment.
When will this happen?
We have a duty to automatically enrol our employees when they start, but we’re allowed to delay working out who to put into a pension scheme by up to three months. Therefore we’ve decided to enrol you 3 months after you start working with us.
Am I going to be automatically enrolled?
We’ll put you into a pension scheme if, after 12 weeks from your start date, you’re:
If you don’t meet these criteria on the date we enrol you, but you do meet them at a later date, we’ll automatically enrol you into a pension scheme then.
Once you’re with The People’s Pension, you’ll pay money into your pension pot which we’ll deduct from your wages. You’ll normally receive tax relief on these payments.
Pulse Healthcare Ltd will also pay into your pension pot. This means much more than just your own money will be going into your pension pot.
Can I choose to join earlier? Can I join even if I won’t be automatically enrolled?
As long as you earn above the Lower Earnings Limit (LEL) for National Insurance, we’ll start paying money into your pension pot from the time you join. If you earn less than the LEL, the law means that you won’t be entitled to payments from us.
If you want to join, you should sign a letter telling us you’d like to join The People’s Pension. Or, you can send an email to tell us this, but your email must also include a statement confirming that you have personally sent it to us.
What happens next?
Once you’re a member of The People’s Pension, you’ll receive joiner information from The People’s Pension. This will include information about how your pension works, and how you can ask to leave if you’d like to.
Where can I find out more?
To find out more about automatic enrolment, visit:
You can also discover more about The People’s Pension at:
www.thepeoplespension.co.uk/employees. Or why not check out the online help and support at www.thepeoplespension.co.uk/help – it’s easy to get answers to your questions. Simply type your question or browse the most frequently asked questions (grouped by topic).