WITHIN THIS WRITTEN STATEMENT OF PARTICULARS OF EMPLOYMENT FOR STEDYCHEFS ASSOCIATES, THE FOLLOWING DEFINITIONS WILL APPLY:
Assignment – each supply by the Company of the StedyChefs Associate to provide work services to any client in accordance with these Terms and Conditions and ‘Assign’ or ‘Assigned’ shall be construed accordingly.
Client – means the person, firm or company to whom you are Assigned.
Company – means StedyChefs Limited, a private limited company.
Effective date – the date from when this Terms and Conditions has been signed.
Regulations – the conduct of Employment Agencies and Employment Business Regulations 2003.
StedyChefs Associate – the person who has signed below as the StedyChefs Associate and agreed to be bound by these Terms and Conditions.
Terms and Conditions – all terms and conditions which are comprised within this Written Statement of Particulars of Employment for StedyChefs Associates.
You or you – the StedyChefs Associate and ‘your’ or ‘Your’ shall be construed accordingly.
In line with the terms of Employment Rights Act 1996, this document provides details of your Terms and Conditions with the Company. In addition to this document, specific details of any Assignment which is offered and accepted by you will be confirmed by communication with StedyChefs.
JOB TITLES AND DUTIES
You agree that the company employs you, with commencement from effective date. For the avoidance of doubt, the effective date cannot be before 14th June 2015. Your continuous service commences on the effective date and no employment with a previous employer counts as part of your period of continuous employment with the company.
You will be assigned from time to time to carry out work services for clients in your capacity as a StedyChefs Associate.
In carrying out any work services, you agree to work under the direction of the Client at whose premises you are assigned to work, from time to time, and to carry out those duties in a loyal and trustworthy manner,
You agree that you may be transferred to a new assignment at any time, without prior notice or liability to you. Termination of an assignment is not termination of your employment.
You agree that the company or the client may terminate an assignment at any time, without restriction as to location or Client, as directed by the Company.
Whilst employed by the company, you must comply with all of the Company’s rules, regulations and policies from time to time in force and any rules, which the Client may require you to observe whilst working on their premises.
The company will endeavour to obtain suitable assignments for you, according to your skills and experience and, in this capacity, the company will operate as an Employment Business under and as defined in the regulations, You understand that there may be times when no assignments are available.
This is a rolling contract, if you become inactive for any reason and choose to work for StedyChefs in the future, this written statement of particulars still stands as your legal contract.
Whilst on assignment you will be entitled to be paid in respect of the hours that you have worked.
Payment will be made weekly in arrears directly into your bank account subject to deduction of PAYE income tax and national insurance in respect of hours worked in the preceding week. You have no entitlement to pay in respect of any period when you are not in Assignment.
Your basic rate of pay per hour worked will be no less than the National Minimum Wage in force at the time of that Assignment. Enhanced rates may be applicable during specific Assignments. Rates of pay may differ from one Assignment to another and you will be notified in advance of the specific rate applicable for each particular Assignment.
For any purposes of the Employments Rights Act 1996, sections 13-27, you agree that the Company may deduct from your remuneration any sums due from you to the Company including, without limitation, your pension contributions (if any), any overpayments, loans or advances made to you by the company and holiday pay under Clause 8.
You may be entitled to the payment of a travel allowance which, if appropriate will be paid weekly in arrears directly to your bank account and will not be subject to deduction of PAYE income tax and national insurance.
To be eligible to claim expenses, we require you to provide proof of payment.
We will only pay UP TO 50% of all staff travel expenses. If you do claim extra than necessary, we will have to restrict expenses and give disciplinary action.
4. HOURS OF WORK
The company does not guarantee to offer you a minimum number of hours work each 12 month period.
Your hours of work will vary according to the requirements of the Company and the Client. There will be no standard or normal working hours applicable to these terms and conditions. It is a condition of your employment with the Company that you work flexibly in accordance with the Client’s requirements whilst on Assignment with that Client, though at times you will remain subject to the overall control of the company.
You acknowledge that there may be periods when a particular Client has no work available for you and your attention is drawn to clause 2a) above.
The company will, wherever possible, assign you to such other work as it has available with any other client at any location is drawn to the provisions of clause 4D) below.
All hours worked will be paid at a rate which is at least equivalent to the National Minimum Wage in force at the time.
The company will give you as much advance notice as is reasonably practicable of the hours that you will be required to work.
It is a condition of your employment that you undertake when required by the Company, If, without good cause, you decline or refuse to work on any particular assignment, then the same shall be regarded as gross misconduct entitling the company to terminate your employment.
When overtime rates are applicable, you will be notified of this at the start of any assignment.
You agree to work hours that exceed the maximum average weekly working time limit of 48 hours imposed by the Working Time Regulations 1998 and when that is necessary for the proper performance of your duties. You may withdraw your agreement to this on giving the company 3 months’ prior written notice.
5. PLACE OF WORK
You will not be regarded as having a normal place of work and you will be required to work at any of the Client’s’ premises as the Company may require from time to time. The company may change your place of work by giving you such notice as is practicable in the circumstances.
If you wish to terminate your employment, you must give the Company one weeks’ notice in writing.
The company reserves the right to terminate your employment without notice in the event of gross misconduct.
The company will give you the following notice periods to terminate your employment:
I. immediate notice if you have continuously employed for less than four weeks.
Ii. two weeks notice if you have been continuously employed for more than four weeks but less than two years; or
Iii. three weeks notice if you have been continuously employed for more than two years but less than three years with an additional weeks notice for every full year of continuous employment thereafter up to a maximum of 13 weeks notice for 12 or more years of continuous employment.
D. There is no guarantee that work will be available during any notice period.
E. When you are not on assignment, you are obliged to contact the company at regular intervals to confirm your availability to undertake further assignments. If you do not terminate your employment in accordance with clause 6a) above then, in the event that you fail to contact the Company for any continuous period of four weeks following the end of your last assignment, you expressly agree that you will be deemed to have resigned your employment with effect from the last date that you carried out work whilst assigned.
7. EQUAL OPPORTUNITIES
The company is an equal opportunities employer. A copy of the Company’s Equal Opportunities Policy is available at www.stedychefscateringagency.co.uk. You should familiarise yourself with this Policy. If you have any equal opportunities issues arising out of your employment, you should raise them with your StedyChefs Consultant in the first instance or, if this is not appropriate then through the Company’s HR Department. Alternatively, you should utilise the Company’s grievance procedure (see clause 14B)
8. HOLIDAYS AND HOLIDAY PAY
Your holiday year runs from the effective date until each anniversary of that date (the Holiday Year). If, prior to the effective date, however, you were engaged by the company as a temporary worker, you will run from the commencement date of your first assignment as a temporary worker until each anniversary of that date.
You will accrue Holiday Pay based on the amount of hours you work within a 12 week period.
Under these Terms and Conditions you will have no normal or minimum hours of work, therefore payment of holiday pay will be based on the average wages earned in the twelve week period immediately prior to the Holiday.
Where you wish to take any annual leave to which you are entitled, you should notify the Company in writing by completing the appropriate holiday request form with the dates of your intended absence.
Where your employment terminates during a Holiday Year, your entitlement to holiday pay will be calculated on a pro-rata basis. Where on termination you have taken annual holidays in excess of your entitlement, you will be required to repay the excess sum due to the Company and the Company reserves the right to deduct any such sums from your wages / salary. The Company reserves the right to require you to take any unused holidays prior to termination.
9. SICKNESS OR OTHER ABSENCE
If you are absent from work for any reason, you must inform your StedyChefs Consultant with a minimum of 24 hours notice prior the commencement of your agreed start time on your first day of absence and on any subsequent days of absence.
If you do not give the minimum amount of notice for a absence of a shift (see clause 9a above) StedyChefs reserve the right to hold you liable for a £50 charge.
As shifts will be completed in a kitchen / dining environment, if you have a bug (suffering from, or carrying, a disease likely to be transmitted through food, have infected wounds, skin infections or sores, have diarrhoea) you must let your StedyChefs Consultant know immediately and will be unable to undertake any assignments for a minimum of 48 hours.
The company operates a stakeholder pension scheme, which you are entitled to join. You may choose to make personal contributions to this scheme through the Company’s payroll by contacting Simplicity on 01594 372112 and in doing so, you will have authorised the Company to deduct and make payment of any such personal contributions from your wages / salary. Further details of this stakeholder pension scheme can be obtained from your StedyChefs Consultant.
The company will not make any contributions into the stakeholder scheme on your behalf.
A contracting-out certificate under the Pension Schemes Act 1993 is not in force in respect of your employment with the company.
During your employment by the company, you may learn trade secrets or confidential information, which relates to the Company or any Client. Unless you are required to do so in the proper performance of your duties, you must not:-
I. divulge or communicate to any person
Ii. use for your own purposes or for any purposes other than those of the company or, as appropriate, any client or
Iii. cause any unauthorised disclosure, through any failure to exercise due care and attention, of;
Any trade secrets or confidential information relating to the company or any group company or any client. You must at all times use your best endeavours to prevent publication or disclosure of any trade secrets or confidential information.
B. These restrictions apply both while you are employed by the company, and after your employment with the company terminates. The restrictions will cease to apply to any information which becomes generally available to the public, otherwise then through a failure by you to observe these restrictions.
C. The company may require you to enter into a specific agreement in relation to confidentiality issues or in respect of any inventions or discoveries you may make during the course of an assignment.
12. INTELLECTUAL PROPERTY
‘Intellectual Property’ means any and all present and future intellectual and industrial property and all rights therein in any party of the world including, without limitation, any patent, patent application, trade mark, trade mark application, registered design, registered design application, trade name, trade secret, business name, discovery, invention, process, formula, know-hovN specification, improvement, technique, copyright, unregistered design right, technical information or drawing including rights in computer software, database rights and topography rights.
All intellectual property made, created, discovered, conceived, written, designed or originated by you, whether alone or in conjunction with any other persons, in the course of your employment and / or while providing services to any client, whether made, created, discovered, conceived, written, designed or originated within or outwith normal or contracted working hours or whether using your own equipment / property or the equipment / property of the Client, or otherwise, together with all information and data in your possession as to the exact mode of working, producing, exploiting and using the same (‘Employment Intellectual Property’) shall belong to and vest in the Company absolutely and beneficially together with where necessary, all rights to apply for such Employment Intellectual Property. You shall:-
I. immediately disclose and deliver to the company, or at the company’s request, to the client, for the exclusive use and benefit of the company or the client, as appropriate, such Employment Intellectual Property on the making, creation, discovery, conception, writing, design or origination of the same.
Ii. assign with full guarantee your entire right, title and interest in and to the Employment Intellectual Property to the Company, or at the request of the company, to the client.
Iii. do all acts and execute all documents, forms and authorisations required to give effect to the provisions of clause 12a) including, without limitations, all acts to secure, preserve and enforce all appropriate forms of protection as regards the Employment Intellectual Property in any part of the world, at request of the company.
IV. hereby irrevocably and unconditionally waive all rights granted under chapter IV of the Copyright, Designs and Patents Act 1988 (Moral Rights) and / or any analogous legislation in other jurisdictions in relation to any works made / authorised by you during the course of your employment and / or during the provision of services to any client.
V. Hereby undertake to the company that you have not and will not transfer or purport to transfer or license the Employment Intellectual Property to any party other than the Company or the Client
VI. At all times, during the course of your employment and / or during the provision of services to a client, comply with the company’s’ and / or the clients’ instructions as to use of such Employment Intellectual Property, and shall notify the Client and the Company immediately upon becoming aware of any infringement by a third party of the same.
B. For the purpose of clause 12a), you hereby irrevocably appoint the company or its nominee to be your attorney to execute and do in your name all documents, acts or things as you have agreed to execute and do.
C. All rights and obligations created under this clause 12 shall continue in force after termination of these Terms and Conditions.
13. DATA PROTECTION
By signing these terms and conditions, you acknowledge and agree that the Company is permitted to hold personal information, including sensitive information, about you as part of its personal and other business records that the Company may see such information in the course of the Company’s business.
By signing these Terms and Conditions, you acknowledge that you agree that the Company may disclose information (including sensitive information) about you to third parties in the Company considers that to do so is required for the proper conduct of the Company’s business or that of any associated company. This clause applies to information held, used or disclosed in any medium.
14. GRIEVANCE AND DISCIPLINARY MATTERS
The disciplinary rules, which apply to you, are contained in the Policy set out at www.stedychefscateringagency.co.uk. You should ensure that you read the Company’s Disciplinary Policy.
If you have a grievance about your employment, you are entitled to raise a complaint in terms of the Company’s Grievance Policy. The Grievance Policy is contained in the Policy set out at www.stedychefscateringagency.co.uk. All grievances should be directed to the Company and not to the Client.
The grievance and disciplinary procedures are not contractually binding on the Company. The Company may alter them, or omit any or all of their stages, where it considers it appropriate.
15. THIRD PARTY PRESSURE TO DISMISS
Due to the circumstances of your employment, you will be required to carry out work on Client premises. Your employment is conditional on the consent of the Client to you remaining on their premises. Should the client refuse you permission to remain on their premises or to carry out work for the Client, the Company will endeavour to find you alternative work, if the Company is unable to find alternative work, you may be dismissed.
16. HEALTH AND SAFETY
You should comply with the Health and Safety Policy as contained on www.stedychefscateringagency.co.uk whilst working under the Client’s direction. You must also comply with the Client’s Health and Safety Policy and arrangements at all times whilst you are on Assignment.
17. COLLECTIVE AGREEMENTS
I agree that whilst working for a client, if I am approached by Client for extra hours, permanent position, working directly for client, I will notify my StedyChefs Associate as soon as possible and take any action through them.
I understand that if I do not adhere to clause 17a) there may be legal action which takes place against both myself and said client.
I understand that I am unable to approach a client for extra hours, a permanent position or to work direct. Instead, I will enclose all of this information with my StedyChefs Associate.
18. CHANGES TO TERMS AND CONDITIONS
Subject to clause 18b) the Company reserves the absolute right to vary or change any of your Terms and Conditions
You will be given no less than one week’s written notice of any significant changes, which may be given by way of an individual or general notice. You will be deemed to have accepted those changes at the expiry of the notice period. If you object to the changes then you must notify the Company accordingly in writing before the expiry of the notice period. However, the Company’s right to vary or change the Terms and Conditions remains absolute.
19. PREVIOUS TERMS AND CONDITIONS
Any terms and conditions which were previously issued to you (whether of employment or for services) by the Company will cause to have any effect on the date upon which you commence work under these Terms and Conditions and accordingly, these Terms and Conditions will supersede any such terms and conditions previously used.
20. ELIGIBILITY TO WORK IN THE UK
You confirm that you are legally entitled to work in the United Kingdom. If the company discovers that you do not have permission to live and work in the United Kingdom, or if your permission to do so is revoked, the company will be entitled to terminate your permission immediately without giving you any notice or paying you in lieu of notice. The company can do so ni those circumstances without giving you any warning in terms of the Company’s disciplinary procedure.
Please see over Clauses 8 to 20 before signing below.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
I the undersigned StedyChefs Associate acknowledge that I have access to a copy of this ‘Written Statement of Particulars of Employment for StedyChefs Associated’ and acknowledge that all supplementary information including the Company’s relevant Policies and Procedures are available on the website www.stedychefscateringagency.co.uk or on request. I have read and understood the same and by way of my signature hereof, I agree to be bound by all of the Terms and Conditions contained in it.