Staff Terms and Conditions
Staff Terms of Engagement
WITHIN THESE TERMS OF ENGAGEMENT FOR STEDYCHEFS ASSOCIATES, THE FOLLOWING DEFINITIONS SHALL APPLY:
The Company will endeavour to obtain assignments for you, according to your skills and experience and, in this capacity, the
Company will operate as a point of engagement between candidate and client. You acknowledge that there may be times when no assignments are available.
Assignment: means 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: means the commencement date of the first Assignment after the date that you sign these Terms and Conditions.
Regulations: means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
StedyChefs Associate: means the person who has signed below as the StedyChefs Associate and agreed to be bound by the Terms and Conditions.
Terms and Conditions: means all terms and conditions comprised within this Written Statement of Particulars of Employment for StedyChefs Associates.
You or you: means the StedyChefs Associate and ‘Your’ or ‘your’ shall be construed accordingly.
In line with the terms of the 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 to and accepted by you will be confirmed in a separate placement letter
1. JOB TITLE AND DUTIES
a) You agree that you are engaged under contract for services, with commencement from the day of signing this agreement.
b) You will be Assigned from time to time to carry out work services for clients in your capacity as a StedyChefs Associate.
c) 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.
d) You agree that you may be transferred to a new Assignment at any time, without restriction as to location or Client, as directed by the Company.
e) You agree that the Company or the Client may terminate an Assignment at any time without prior notice or liability to you. Termination of an Assignment is not termination of your engagement.
f) Whilst engaging with 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.
a) Whilst on Assignment you will be entitled to be paid in respect of the hours that you work regardless whether Stedychefs are paid by the client or not.
b) 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 on Assignment.
c) Your basic rate of pay per hour worked will be no less than the National Minimum Wage or living 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.
d) For the purposes of the Employment 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 up to 50% travel were receipts are provided, which if appropriate, will be paid weekly in arrears directly into your bank account and will not be subject to deduction of PAYE income tax and national insurance.
4. HOURS OF WORK
Your hours of work will vary according to the requirements of the Company and the Client. Accordingly, 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 all 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 and your attention is drawn to the provisions of Clause 4c) below.
b) The company will send you confirmation of original booking however client may request you do overtime whilst on site. Please reflect hours completed on timesheet at the end of each week.
c) It is a condition of your engagement that you undertake work when required by the Company if you have previously stated that you are available on the given date. If, without good cause, you decline or refuse to work on any date that you have stated you are available then the company are entitled to terminate your engagement.
d) Where overtime rates are applicable, you will be notified of this at the start of any Assignment.
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 Clients’ 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 reasonably practicable in the circumstances.
a) If you wish to terminate your engagement, you must give the Company one week’s notice in writing.
b) There is no guarantee that work will be availabie during any notice period.
c) The Company reserves the right to terminate your engagement without notice however we would endeavour to give as much notice as possible.
d) 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 engagement 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 engagement with effect from the last date that you carried out work whilst Assigned.
7. EQUAL OPPORTUNITIES
The Company is an equal opportunities business. A copy of the Company’s Equal Opportunities Policy is available at www.Stedy-Chefs.co.uk. You should familiarise yourself with this Policy. If you have any equal opportunities issues arising out of your engagement, 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
a) Your holiday year runs from April to March.
b) You will accrue holidays in accordance to the hours worked by yourself. All annual leave must be taken during the Holiday Year in which it was accrued and may not be carried over. Entitlement to paid annual leave accrues in proportion to the amount of time worked by you.
c) Under these Terms and Conditions you will have no normal or minimum hours of work, therefore, payment of holiday pay will be based on hours worked.
d) Where you wish to take any annual leave to which you are entitled, you should notify the Company with one weeks notice in writing by completing the appropriate holiday request form with the dates of your intended absence.
9. SICKNESS OR OTHER ABSENCE
a) If you are absent from work for any reason you must inform Stedychefs Consultants 4 hours before you are due to start work, were able to do so, of your agreed start time on your first day of absence and on any subsequent days of absence.
b) In respect of any period of absence, you will be entitled to Statutory Sick Pay subject to qualification in accordance with the rules of the Statutory Sick Pay Scheme and to you submitting appropriate medical certificates and selfcertification. You are not entitled to any Company sick pay.
a) The Company operates a pension scheme, which you will be automatically entered into. You may request to opt out of this by contacting NEST pensions.
a) During your engagement 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 engaged by the Company, and after your engagement with the Company terminates. The restrictions will cease to apply to any information which becomes generally available to the public, otherwise than through a failure by you to observe theserestrictions.
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 properly and all rights therein in any part 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
a) All Intellectual Property made, created, discovered, conceived, written, designed or originated by you, whether alone or in conjunction with any other person, 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, disc over y, conception, writing, design or origination of the same.
ii. assign with full title 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 12.a) including, without limitation, 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 the 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/authored 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 licence 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 Client’s 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
a) 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 personnel and other business records and that the Company may use such information in the course of the Company’s business.
b) By signing these Terms and Conditions, you acknowledge and agree that the Company may disclose information (including sensitive information) about you to third parties if 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
a) 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.
b) If you have a grievance about your engagement, 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.
c) 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 engagement, you will be required to carry out work on Client premises. Your engagement 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 at www.stedychefscateringagencyco.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
There are no collective agreements which affect your Terms and Conditions.
18. CHANGES TO TERMS AND CONDITIONS
a) Subject to Clause 18b), the Company reserves the absolute right to vary or change any of your Terms and Conditions.
b) You will be given not less than one month’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 engagement or for services) by the Company will cease 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 issued.
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 he entitled to terminate your engagement immediately without giving you any notice or paying you in lieu of notice. The Company can do so in those circumstances without giving you any warning in terms of the Company’s disciplinary procedure.
Please see over for Clauses 8 to 20 before signing below.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
I the undersigned StedyChefs Associate acknowledge that I have received a duplicate copy of this ‘Written Statement of terms of engagement for StedyChefs Associates’ 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.