Contractor Registration Part 2

1. YOUR EMPLOYMENT

1.1. Definitions and Preliminary
1.1.1. In this contract,
1.1.1.1. ‘Assignment’ includes any Assignment detailed in your Employee Assignment Schedule.
1.1.1.2. ‘Client’ means any party with whom we may with your agreement contract to provide your services,
and (where the context permits) includes any End Client specified in your Employee Assignment
Schedule.
1.1.1.3. ‘the Company’, ‘ePayMe’, ‘we’, ‘us’, and ‘our’ all refer to ePayMe Rewards Ltd.
1.1.1.4. Employment Overheads’ include (but are not necessarily limited to) Employer’s national insurance
or social security contributions, Apprenticeship Levy, employer’s pensions auto-enrolment
contributions, employer contributions made at your request to a registered pension scheme, and any
other sums which are
1.1.1.4.1. calculated based on employees’ and workers’ earnings (not including sums properly
deductible from those earnings), and
1.1.1.4.2. required by applicable law to be paid by an employer/engager to persons or bodies other
than the employee/worker.
1.1.1.5. ‘Entire Assignment’ means the entire period during which you work continuously in the same role
for the same End Client, and therefore may be covered by more than one Employee Assignment
Schedule.
1.1.1.6. ‘Terms’ means the terms and conditions of this Contract of Employment.
1.1.2. Before offering you employment, the Company will require certain documents from you in order to satisfy
itself that you are legally entitled to work in the UK. You confirm that you are legally entitled to work in the UK
without any additional immigration approvals, and you agree to notify the Company immediately if you cease
to be so entitled at any time.
1.1.3. It is your responsibility to keep us up to date with any changes to the personal details you have provided us
with.
1.2. Intentions; Commencement and continuity of employment
1.2.1. We enter this Employment Contract solely for the purpose of facilitating you to take specific Assignments
sourced by you, and on terms agreed by you.
1.2.2. Where there is no preceding continuity of employment, this contract of employment is conditional on
1.2.2.1. you demonstrating to our reasonable satisfaction, in accordance with current Home Office
requirements, that you have the legal right to work in UK, and
1.2.2.2. actual commencement of your first Assignment,
and there is no entitlement to payment, or to paid leave, in respect of any period before actual
commencement of your first Assignment.
1.2.3. Subject thereto, your period of continuity of employment shall be deemed to have commenced on the date
of this contract or assignment provided to us. No previous period of employment by us or by any other company
counts as part of your period of continuity of employment with us.
1.2.4. You will work on a flexible, “as required and agreed” basis.
1.2.4.1. This contract does not create any obligation on the Company to allocate Assignments or provide
work to you, and by entering into this contract you confirm your understanding that the Company
makes no promise or guarantee of a minimum level of work to you.
1.2.4.2. There is no obligation on you to accept any Assignment that may be offered.
1.2.4.3. This contract is not intended to be an overarching contract. It is the intention of both you and the
Company that there be no mutuality of obligation between us at any time when you are not performing
an Assignment. In particular, paid leave entitlement shall only accrue during an Assignment, and not
at any other time.
1.2.5. We anticipate that, in relation to leave years under this contract commencing on or after 1st April 2024,
1.2.5.1. the number of paid hours that you will work in each pay period during the term of your contract in
that year will be wholly or mostly variable, and/or
1.2.5.2. you may be required to work only part of the year, and there will be periods during the term of the
contract of at least a week during which you are not required to work and for which you will not be
paid and that you will therefore fall into either or both of the categories of ‘irregular hours worker’ and/or ‘part year worker’, as defined by the Working Time Regulations 1998, with effect from 1st April 2024.
1.2.6. You are employed as a Temporary Contractor (please refer to your assignment schedule, provided by your
agency, for your working title) having regard to your qualifications and experience as notified to us.
1.2.7. You will perform and complete such Assignments as we may from time to time offer and you may agree to
undertake. An Employee Assignment Schedule will be issued to you for each such Assignment, and this will
include details of the role and tasks to be performed, and the working location and working hours.
1.2.8. You are not authorised to enter into or conclude contracts on our behalf.
1.2.9. You are not authorised to amend or change, or to terminate contracts on our behalf. If anyone other than
ourselves attempts to discuss changes to or the termination of an Assignment with you, you must decline to
discuss such matters and refer them to us. You must notify us immediately if you are told by anyone other
than us that the Assignment is to end.
1.2.10. We ourselves do not exercise (or assert the right to exercise) supervision and/or direction and/or control as
to your manner of working whilst on Assignment. Subject thereto, you will comply with our lawful instructions,
and with our working practices, standards, regulations and other reasonable requirements.
1.2.11. We do not expect to provide workspace for you at our premises; your duties will be carried out at such
places of work as we may specify from time to time within the United Kingdom (or otherwise, as you and we
may from time to time agree). Your place of work for an Assignment will generally be specified in your Assignment
Schedule. Our own address is Basepoint Business Centre, 377-399 London Road, Camberley GU15 3HL.
1.3. Assignments
1.3.1. Whilst on Assignment,
1.3.1.1. you are seconded to work for the End Client, at the location, and for the duration, all as specified
in the applicable Employee Assignment Schedule; and
1.3.1.2. you will not by your own acts defaults or omissions cause ePayMe Rewards Ltd to be in any way
in breach of any applicable provision of the contract under which we have agreed to provide your
services to the Client (a copy of which, if not already provided with the Employee Assignment
Schedule, will be provided on request); and
1.3.1.3. you must comply with such reasonable requirements (such as timesheets, or electronic time
recording system) as may be imposed by the End Client for recording and verifying all time so worked;
and
1.3.1.4. you must comply with the End Client’s requirements as notified from time to time, to the extent that
such requirements apply in relation to external contractors at the place of work, such as security
requirements, quality requirements and health and safety procedures; and
1.3.1.5. you must notify us promptly if you become aware of any circumstances giving rise to the possibility
of a claim being made against us as a result of any act, default or omission on your part, regardless
of whether or not you yourself consider such claim might be justifiable.
1.3.2. Any offer of an Assignment
1.3.2.1. shall be subject to these Terms and to the applicable Employee Assignment Schedule; and
1.3.2.2. is conditional on the Client contracting unconditionally with us for the Assignment.
1.3.3. You may accept an offer of an Assignment by signing and returning a copy of the Employee Assignment
Schedule to ePayMe Rewards Ltd. Even if you do not sign and return a copy, you will be deemed to have
accepted the offer if you commence work on the Assignment after the Assignment Start Date.
1.3.4. A contract for an Assignment is legally binding, and you will be liable to indemnify us against any liability we
may incur or loss we may suffer as a result of any failure on your part to comply with any of its terms.
1.3.5. By accepting an Assignment,
1.3.5.1. you warrant that you are not subject to any restriction (whether contractual or otherwise) which
might restrict you from performing it
1.3.5.2. you accept that, save for payment at the applicable National Minimum Wage (or, if applicable,
National Living Wage) rate for authorised time spent actually spent working on Assignment, we may
withhold payment from you until we ourselves have been paid by our Client, and you agree that you
have considered any credit risks and found them to be acceptable.
1.3.6. If on any day which would otherwise have been a normal working day of the Assignment,
1.3.6.1. you do not work, and
1.3.6.2. you have not requested us to take the day as annual paid leave, and
1.3.6.3. you have not told us that you wish to take statutory paid leave, and
1.3.6.4. you have not contacted us before the end of that day to tell us that you are not working and the
reason, then we shall be entitled to conclude that the Assignment has ended.
2. AGENCY WORKERS REGULATIONS
2.1. Before accepting an Assignment, you must give us details of any previous periods during which you have worked
for the End-Client. This is to help us correctly calculate the ‘Qualifying Period’, and ensure that you receive your full
rights under the Agency Workers Regulations 2010.
2.2. You must notify us promptly in writing if you become aware of any information which suggests that you may not be
receiving such equality of treatment as you may consider yourself entitled to under the Agency Workers Regulations
2010, in order that we may have a proper opportunity to investigate and make any necessary changes.
2.3. When assessing your pay entitlement under regulation 5 of the Agency Worker Regulations 2010,
2.3.1. regard shall be had to any official Guidance to the Agency Worker Regulations 2010;
2.3.2. Discretionary Profit Sharing Bonuses (DPSB), to the extent that such Bonuses are in fact paid, will be taken
into account as forming part of your pay; and.
2.3.3. where we have, at your request, agreed to implement an arrangement in order to pay employers
contributions into a SIPP or other registered pension scheme for you, you agree that the amount of such
employers contributions made at your request shall nevertheless be taken into account as forming part of your
pay.
2.4. If, in relation to any Assignment,
2.4.1. you have completed the Qualifying Period under regulation 7 of the Agency Worker Regulations 2010, and
2.4.2. the amount you receive in pay under that Assignment (calculated as set out in clause 2.3 above) exceeds
that which you would have been paid if you had been engaged by the hirer for the position other than by using
the services of a temporary work agency (the ‘Excess’), and
2.4.3. had you been engaged directly by the hirer, you would have received either or both of (a) a greater
entitlement to paid holiday than that to which you are entitled under this contract, or (b) some other benefit
which falls to be treated as pay under the Agency Workers Regulations 2010 (together, ‘Shortfall’),
then credit shall be given for the amount of the Excess against the Shortfall, and the amount of the Excess
shall be considered to have been received by you on account of any entitlements you may have to receive the
Shortfall.
3. PAYMENT
3.1. General: The agency or client will pay us an inclusive rate (sometimes called a ‘limited’ or ‘umbrella rate’). This
inclusive rate constitutes this company’s own income, and is intended to cover the total cost and expense that we
may incur by reason of or which are directly related to your engagement, including Employment Overheads, and our
own profit. This inclusive rate is not your wages.
3.2. Wages: You are entitled to wages for all authorised time actually worked on Assignment, subject in all cases to you
complying with all applicable procedures and requirements. We undertake that we will pay your wages for all
authorised time actually worked on Assignment, whether or not we ourselves receive payment in respect of that
work.
3.2.1. Time worked in excess of those specified in your current Employee Assignment Schedule will only be paid
if authorised by the End Client, and so if you work additional time without first getting such authorisation, you
accept the risk that such time will be unpaid.
3.2.2. Your wages will be at the applicable National Minimum Wage (or, if applicable, the National Living Wage)
rate.
3.2.3. For the avoidance of doubt there is no obligation on any End Client to require you to work on any day, and
no obligation on us to make payment in respect of any day on which your services are not required.
3.2.4. You will be paid monthly in arrears, directly into your bank account, and on or around the last working day
of each month, unless otherwise indicated in your current Employee Assignment Schedule.
3.2.5. You will be provided with a payslip for each pay period, which will include a statement of the number of
hours worked during that pay period.
3.3. Bonus: You may be considered periodically for a Discretionary Profit Sharing Bonus (DPSB), provided that:
3.3.1. you have, in our reasonable opinion, generated sufficient profits, as determined by us, to warrant the grant
of such a Bonus; and
3.3.2. you have not breached the terms of this Agreement.
3.4. Any bonus will be subject to deductions for PAYE tax and NIC, as required by law.
3.5. The fact that a bonus may be paid in one period shall not be taken to imply any right, either to a bonus, or as to the
amount or basis of calculation thereof, or that such bonus is anything other than discretionary.
3.6. To the extent that your gross taxable pay (excluding holiday pay) exceeds your wages (calculated at the applicable
National Minimum Wage / National Living Wage) rate, it constitutes your Discretionary Profit Sharing Bonus, even if
not separately identified as such on your payslip.
3.7. Reimbursement of Expenses: At the start of each Entire Assignment, we will discuss with you whether any
expenses may be reimbursed.
3.8. We may reimburse to you authorised expenses actually and reasonably incurred in the performance of your duties
in accordance with our current expenses policies, provided
3.8.1. we are satisfied that the reimbursement would not offend against any applicable salary sacrifice or other
legislative requirements
3.8.2. we are satisfied that the expense claimed can legitimately be reimbursed without deduction of tax and NIC
3.8.3. both the nature of the expense and the amount are (where practicable, and where applicable) agreed in
advance
3.8.4. you comply with our current rules and procedures for expense claims
3.8.5. the claim is (unless our current expenses policy states otherwise) accompanied by receipts, and is submitted
at the same time as any timesheet for the period in question.
3.9. Any claim for expenses which are expected to be passed on to the Client may only be made direct to the Client if
the Client’s expense procedures require that you do so; and if you make any such expense claim direct to the Client,
you must provide us with a copy of every such claim, and with such further details as we may require, to enable us
to comply with our own legal obligations.
3.10. Deductions:
3.10.1. We will make all necessary deductions from your pay as required by law.
3.10.2. If any money becomes lawfully due from you to us (including Pay Advances, and money that may have
been overpaid to you in error), we may deduct all or part of such money from any sums due to you (including
pay).
3.10.3. If we have advanced you monies against your accrued paid leave reserve fund, we may recoup that advance
by deduction or set-off against any payment due to you for paid leave, as and when you actually become
entitled to receive such payment.
3.10.4. If you are in breach of contract we may withhold the whole or part of any monies otherwise due to you
(including pay) in full or partial compensation for our losses resulting from your breach, provided that we may
not withhold more than would be reasonable compensation for such breach.
3.10.5. If in breach of contract you terminate an Assignment without giving the full period of notice that you are
contractually required to give, or if you fail to pay the Client an amount the Client reasonably considers to be
due from you to the Client, and (in either case) if as a result the Client withholds part or all of any payment due
to us in respect of services you have provided, we may withhold payment of a corresponding amount from any
sums due to you (including pay).
3.10.6. If any equipment is issued to you for the purposes of or in connection with an Assignment, you must use It
for no other purposes, take all proper care of it, and return it at the end of the Assignment in good serviceable
condition, fair wear and tear only excepted. Failure by you to so return any such equipment would be a breach
of contract, and pending such return we may withhold payment of any sums due to you (including pay),
provided that we may not withhold more than the value of the equipment (if not returned) or the cost of repair
(if returned damaged).
3.10.7. If a motor vehicle made available to you by a Client suffers damage whilst is in your charge, and if after
investigation you are found to be responsible for the damage, you will be liable for the cost of repairing such
damage, up to a maximum of the excess applicable under the Client’s motor insurance policy;
3.10.7.1. pending conclusion of the investigation, if the Client withholds part or all of any payment due to us
in respect of services you have provided, we may withhold payment of a corresponding amount from
any sums due to you (including pay); and
3.10.7.2. if the investigation concludes that you were responsible for the damage, we e may make
deductions from any sums due to you (including pay) in respect of the cost of repair, up to a maximum
of such excess.
3.10.8. We may make deductions from any sums due to you (including pay) in respect of any Penalty Charge Notice
or other road traffic fixed penalty for which you have incurred liability.
3.10.9. Subject thereto, and to End-Client authorisation in respect of any hours worked in excess of those specified
in your current Employee Assignment Schedule, we will not withhold wages in respect of any periods you have
actually worked, whether or not we are paid by the Client.
3.11. Ad hoc Pay Advances
3.11.1. In this clause
3.11.1.1.‘Pay Advance’ means an advance by us to you, on account of your accrued entitlement to pay for
time already worked.
3.11.1.2.‘Pay Advance Partner’ means a company administering requests made to us for Pay Advances.
3.11.1.3.‘Administration Fee’ means our Pay Advance Partner’s administration fee, in relation to a Pay
Advance; the amount will vary according to the amount of the Pay Advance, and will be disclosed to
you before you decide whether or not to accept any offer of a Pay Advance.
3.11.2. You may from time to time be eligible to request Pay Advances.
3.11.3. By making a request for a Pay Advance, you consent to your personal data held by us being processed by
us and by our Pay Advance Partner (acting as our data processor) for all related purposes, including
considering and processing your request, and obtaining repayment of any Pay Advance we may make.
3.11.4. In considering any request for a Pay Advance, your employment record with us, and the history of any
previous Pay Advances made to you, will be taken into account, but no third party credit check will be made,
and no ‘footprint’ will be left on your credit record. We may (but are not obliged to) agree your request.
3.11.5. We, in conjunction with our Pay Advance Partner, may introduce an online system to manage requests for
Pay Advances. If we do so, decisions in relation to requests for Pay Advances may be made on an automated
basis.
3.11.6. No interest is payable in respect of Pay Advances repaid on the due date.
3.11.7. Any Pay Advance we may agree to make
3.11.7.1.will be subject to your agreement to pay the Administration Fee
3.11.7.2.will be paid direct into your bank account
3.11.7.3.will be repayable from (and may be deducted from) your net pay.
3.11.8. The Administration Fee will be payable from (and may be deducted from) your net pay.
3.11.9. To extent not so deducted and repaid, a Pay Advance, together with the Administration Fee, shall constitute
a debt due from you, and shall be payable on demand.
4. HOLIDAYS AND PAID LEAVE
Paid leave entitlement shall only accrue during an Assignment, and not at any other time. During an Assignment:
4.1. Until 31st March 2024, this clause 4.1 applies to you; thereafter, it will only apply to you if you are neither an
‘irregular hours worker’ nor a ‘part-year worker’.
4.1.1. Unless otherwise notified to you in relation to (and for the duration of) an Assignment,
4.1.1.1. your annual paid leave entitlement is 5.6 weeks per year; this includes any paid leave entitlement
you may have in respect of bank and public holidays; and
4.1.1.2. during the first year of employment,
4.1.1.2.1. your annual paid leave entitlement accrues at 5.6/12 = 0.4667 working weeks per
month (5.6/52 = 0.1077 working weeks per week); and
4.1.1.2.2. . periods out of Assignment are deemed to be taken as paid leave, to the extent of
your accrued annual paid leave entitlement, and thereafter as unpaid leave.
4.1.2. For the avoidance of doubt, bank and public holidays falling on days which would otherwise be normal
working days, but which are not in fact worked by you, will be taken as part of your annual paid leave entitlement.
4.1.3. The amount of a week’s pay for the purposes of paid leave will be calculated in accordance with the Working
Time Regulations 1998 (as amended), and based on an average of your gross pay (disregarding (a) payment
for paid leave itself, and (b) any advances we may have made against your annual paid leave reserve
entitlement), calculated over the applicable reference period (52 weeks).
4.1.4. Clause 4.3 will also apply to you, if you fall within this clause 4.
4.2. This clause 4.2 will apply to you, with effect from 1st April 2024, if you are an irregular hours worker and/or a part year worker.
4.2.1. Unless otherwise notified to you in relation to (and for the duration of) an Assignment,
4.2.1.1. your paid leave entitlement during a pay period in which you have not been on sick or statutory
leave will be calculated in hours, and will accrue at the rate of 12.07% of the number of hours worked
during the pay period;
4.2.1.2. your paid leave entitlement during a pay period in which you have been on sick or statutory leave
will be calculated in hours, and will accrue at the rate of 12.07% of the historic average number of
weekly hours worked (disregarding weeks during all or part of which you were on sick or statutory
leave), multiplied by the number of weeks in the pay period;
4.2.1.3. your paid leave entitlement is subject to a maximum of 28 days per year;
4.2.1.4. the number of hours of paid leave accruing during a pay period will be subject to rounding to a
whole number of hours; less than 30 minutes will be rounded down, and 30 minutes or more will be
rounded up.
4.2.1.5. there is no separate or additional paid leave entitlement in respect of bank and public holidays.
4.2.2. The amount of a week’s pay for the purposes of paid leave will be calculated in accordance with the Working
Time Regulations 1998 (as amended), and based on historic averages of your weekly earnings and of the
number of hours worked in each week, calculated over the applicable reference period (max. 52 weeks).
4.2.3. We may choose to pay your paid leave entitlement on a ‘rolled-up’ basis. If we do so, we will:
4.2.3.1. tell you in advance that we intend to do so,
4.2.3.2. calculate your holiday pay as a 12.07% uplift to your remuneration for work done, and pay it each
pay period,
4.2.3.3. in each pay period whilst you are on sick or statutory leave, pay you an amount equal to a historic
average of the amount of holiday pay paid during previous pay periods, and
4.2.3.4. show the amount so paid on an itemised payslip,
4.2.4. Clause 4.3 also applies to you, if you fall within this clause 4.2:
4.3. This clause 4.3 will apply to you in any event, ie regardless of whether you fall within clause 4.1 or clause 4.2.
4.3.1. We may accumulate a paid leave reserve fund from revenues generated by you; details will be set out in
your Leave Pay Advances form.
4.3.2. You must request our approval for annual paid leave by giving us written notice of at least twice as many
days in advance of the earliest day specified in the notice as the number of days or part-days to which the
notice relates; (example: to request 1 week’s leave, you must give us notice at least 2 weeks in advance of
the first day of the requested leave).
4.3.2.1. If we wish to refuse such a request, we will give you written notice of at least as many days in
advance of the earliest day specified in the notice as the number of days or part-days to which the
notice relates; (example: to refuse a request for 1 week’s leave, we must give you notice at least 1
week in advance of the first day of the requested leave).
4.3.3. You may from time to time, and subject to qualifying conditions, become entitled to additional statutory rights
and entitlements, such as:
4.3.3.1. paid time off for ante-natal appointments, and/or
4.3.3.2. SMP, SAP, SPP, ShPP, PBLP (together, ‘statutory pay’), and/or
4.3.3.3. maternity leave, paternity leave, adoption leave, shared parental leave, and parental bereavement
leave (together, ‘statutory leave’);
provided that:
4.3.3.4. you must tell us in advance if you wish to take any paid time off for ante-natal appointments and/or
statutory leave; and
4.3.3.5. we do not make any such payments beyond or exceeding those required by law.
4.3.4. The leave year (holiday year) runs from 1st April in each year.
4.3.4.1. annual paid leave entitlement which it was not reasonably practicable to take as a result of the
effects of coronavirus and which has been carried forwards must be taken by 31st March 2024 at the
latest;
4.3.4.2. annual paid leave entitlement which could not be taken as a result of taking a period of absence
from work due to sickness or injury may be carried forwards into the following leave year, provided
that it must be taken by the end of the period of 18 months after the end of the leave year in which
the entitlement originally arose;
4.3.4.3. annual paid leave entitlement which could not be taken as a result of taking a period of statutory
leave in a leave year may be carried forwards into the following leave year;
4.3.4.4. If you anticipate difficulty in taking any part of your annual paid leave entitlement before the end of
the leave year, you should contact us before the leave year end, and if you do so, we will work with
you, with a view to finding a solution which does not result in you losing any part of your annual paid
leave entitlement.
4.3.5. Subject to the above,
4.3.5.1. annual paid leave entitlement may not be carried forwards from year to year, and must be taken
within the leave year during which it accrued;
4.3.5.2. it is your responsibility to ensure that you take any annual paid leave entitlement before the end of
the leave year;
4.3.5.3. any untaken paid leave entitlement not so taken will be lost; and
4.3.5.4. any accrued but untaken paid leave entitlement which has not been lost will be paid in lieu on
termination.
4.3.6. If on termination of your employment you have taken more or less than the amount of paid leave to which
you are entitled (calculated to the date of termination), an adjustment calculated in accordance with the
Working Time Regulations 1998 (as amended) will be made to your final pay. If you have taken more than the
amount of paid leave to which you are entitled, this will mean that a deduction is made, and any balance due
shall be a debt due to us and payable on the last day of your employment.
4.3.7. You have no entitlement to paid leave, save as set out in this clause 4.
5. SICKNESS AND INJURY
5.1. We will make payments of such statutory sick pay as may be due to you in respect of any period of absence. We do
not make any payment for sickness and injury beyond statutory sick pay as required by law. Should you recover
damages from any third party in respect of any period of absence you will repay any sums paid to you under this
clause. You do not have normal working days, for the purposes of the qualifying period for Statutory Sick pay, and your
qualifying days will be the days of the week you were due to work on Assignment in a week in which you are off sick, or,
if no such days have been agreed (or if you were not due to work on Assignment in a week in which you are off sick),
Wednesday.
5.2. If you are absent from work for any reason and absence has not previously been authorised by us you, must inform us
and the End Client as early as possible. Any absence not previously authorised must be properly explained and in the
case of an absence of uncertain duration you must keep us regularly informed of its expected duration.
5.3. If you are absent from work due to sickness or injury which continues for more than five working days (excluding
weekends) you must provide us with a medical certificate from your doctor on the sixth day of sickness or injury.
Thereafter medical certificates must be provided to us on a weekly basis.
5.4. Sickness absence related to an injury or accident at work must be reported to our HR team immediately or, in the case
of incapacity, as soon as if reasonably practical.
5.5. Immediately following return to work after a period of absence which has not previously been authorised you are required
to complete a Self-Certification form stating the dates of and the reason for absence, including details of sickness on
non-working days (this information is required by us for calculating Statutory Sick Pay entitlement).
5.6. You agree to consent to a medical examination (at our expense) by a doctor appointed by us, should we so require.
5.7. You warrant that you have disclosed (and on an ongoing basis will promptly disclose) to us any medical conditions
or other circumstances known to you which might adversely affect your ability to perform the duties of your position
/ role, and/or of any Assignment we may propose to allocate to you.
6. WORKING DAYS AND HOURS
6.1. The expected days of work during any assignment will generally be Mondays to Fridays.
6.2. The expected hours of work during any assignment will generally be 35-40 hours per week.
6.3. The normal days and normal hours may be set and varied by us from time to time.
6.3.1. Your normal working days and normal working hours are such days and hours as we may specify from time
to time to be required for your current Assignment, and will be shown in your Employee Assignment Schedule.
You will work such additional hours as we agree. You will be entitled to an unpaid lunch break (minimum 20
minutes) where your Assignment requires you to work more than six hours in any one day.
6.4. You will cooperate and comply with such means of recording working time and expenses as we may reasonably
specify from time to time.
6.5. Flexible hours may be required from time to time, in relation to an Assignment. It is your responsibility to maintain
records of hours and days worked, to produce such records to us whenever required to do so, and to ensure that
you do not work for more than 46.4 weeks in any year.
6.6. The Client may, for whatever reason, require us to temporarily suspend your Assignment. If your Assignment is to
be suspended, we will give you as much notice as possible. You will not be entitled to be paid in respect of any
such period of suspension.We are required to display on your payslip the total number of hours for which you have
worked during each pay period.
6.6.1. We ourselves may not have direct visibility of these hours (for example, if you send a timesheet direct to the
agency, or if you are paid on the basis of a day rate and not by the hour).
6.6.2. To enable us to comply with our own obligations, you must therefore:
6.6.2.1. keep appropriate records, and
6.6.2.2. notify us on an ongoing basis of the total number of hours worked during each pay period, and
6.6.2.3. notify us promptly if you consider the figure stated on your payslip for the total number of hours
worked to be inaccurate.
7. WORKING TIME REGULATIONS AND EU DRIVERS’ HOURS RULES
7.1. Definitions applicable throughout this section:
7.1.1. ‘EU Drivers’ Hours Rules’ means the Community Drivers’ Hours Regulation (EC) 561/2006, as amended by
The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019 no 453),
Regulation (EU) 2020/1054, and the Drivers’ Hours and Tachographs (Amendment) Regulations 2021 (SI 2021
no 135).
7.1.2. ‘Periods of Availability’ means periods of waiting time as defined under the Road Transport (WT) Regulations,
namely periods of waiting time the duration of which is known about in advance by you. Such periods of time consist
of time spent when you are not required to remain at your workstation, but must be available to answer calls to
start or resume driving or other work on request; and the period and the foreseeable duration is known in advance,
either before departure or just before the start of the period of availability in question.
7.1.3. ‘Road Transport (WT) Regulations’ means the Road Transport (Working Time) Regulations 2005 or any
other Regulations that supersede or replace these Regulations.
7.1.4. ‘Mobile Worker’ means any worker forming part of the travelling staff, including trainees and apprentices,
who is in the service of an undertaking which operates transport services for passengers or goods by road for
hire or reward or on its own account;
7.1.5. ‘Other Work’ means all activities which are defined as working time under the Working Time Directive except
driving and includes any work within or outside the transport industry where you are not at the disposal of us
or of the Client;
7.2. Unless you are a Mobile Worker working in operations that are subject to EU Drivers Hours Rules, or are working in an
industry to which other special rules apply:
7.2.1. ‘Working Time’ means working time as defined by the Working Time Regulations 1998 as amended (“WTR”)
as amended.
7.2.2. The Working Time Regulations 1998 require that you do not work for more than 48 hours in any week,
unless you have agreed in advance to waive that limit. You may indicate such agreement in Annex A.
7.2.2.1. If you have indicated such agreement in Annex A, the 48 hour limit specified in the Working Time
Regulations 1998 shall not apply to your employment, for so long as such agreement remains in force;
you have the right to give us 3 months’ notice in writing to withdraw such agreement.
7.2.2.2. If you have not indicated such agreement in Annex A, or if you do so indicate but subsequently
withdraw such agreement, the Company must ensure that it does not offer you work which would result
in you working for more than 48 hours in any week. You must therefore keep the Company informed of
the hours that you work for third parties, so that it can comply with its own obligations.
7.2.3. Time spent travelling to the Client’s premises; lunch breaks and other rest breaks shall not count as part of
your Working Time for these purposes.
7.3. If you are a Mobile Worker and are working in operations that are subject to EU Drivers Hours Rules:
7.3.1. ‘Working Time’ means working time as defined by the Road Transport (WT) Regulations, namely, time
consisting of those periods during which you are at your workstation at the disposal of us or the Client and
exercising your functions or activities, and (where the Road Transport (WT) Regulations apply) such periods of
time as are devoted to road transport activities, such as driving, loading, and unloading, assisting passengers
boarding a vehicle, cleaning and maintenance of a vehicle, and all other work intended to enhance the safety of
a vehicle, cargo and passengers or to fulfil the legal or regulatory obligations directly linked to specific transport
operations.
7.3.2. 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 (WT) Regulations.
7.3.2.1. The start date for the relevant reference period shall be the date on which you commence the first
Assignment.
7.3.2.2. In certain circumstances, this reference period may be changed to a rolling 17-week reference
period, in which case we will notify you in writing accordingly.
7.3.2.3. In addition, the relevant reference period used by us may be increased to 26 weeks if you enter
into a valid collective or workforce agreement with us.
7.3.3. Time spent doing Other Work for any employer shall not be counted as rest for the purposes of the EU
Drivers Hours Rules; and for these purposes, the number of hours worked by you during a week comprises
7.3.3.1. the total number of hours of Other Work for any employer except us and the Client,
7.3.3.2. Working Time for us and the Client, and
7.3.3.3. the total number of hours spent as Periods of Availability as defined under the Road Transport
(WT) Regulations.
7.3.4. Time spent travelling to the Client’s premises, lunch breaks and other rest breaks shall not count as part of
your Working Time or Periods of Availability and accordingly you will not be paid for such periods of time.
7.3.5. You must take all reasonable steps to comply with the EU Drivers’ Hours Rules and the Road Transport (WT)
Regulations, and observe all rules relating to the operation and maintenance of any vehicle, including those
relating to the conduct of operation.
7.3.6. You must not accept or undertake any work that causes you to infringe the EU Drivers’ Hours Rules or the
Road Transport (WT) Regulations.
8. PENSIONS
8.1. The statutory Pension Auto-Enrolment provisions will apply. The Company will comply with the employer pension
duties to you, in accordance with Part 1 of the Pensions Act 2008.
8.2. The Company’s chosen Auto-Enrolment pension scheme provider is Smart Pension. The Company reserves the
right to change its chosen Auto-Enrolment pension scheme provider from time to time, and you will be notified of
any such changes.
8.3. Subject thereto, there is no company pension scheme.
8.4. Your Pay Reference Period for the purpose of Pensions Auto-Enrolment will be Monday to Sunday when Weekly
paid (or when paid by reference to multiples of a week) and each Calendar Month when Monthly Paid.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All rights in the nature of Intellectual Property Rights (including, but not limited to, copyright) arising in any work
created by you (whether alone, or in conjunction with others) in the course of an Assignment must be disclosed
promptly to us, and shall vest in us.
9.1.1. It is our responsibility to pass on to any third party such rights as we have agreed. You will cooperate fully in
any formal steps reasonably required by us so as to put this term into effect. If we so require, you will sign any
reasonable form of assurance of Intellectual Property rights which may be required.
9.1.2. You waive any moral rights in such work to which you now or may at any future time be entitled under Chapter
IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but
without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not
to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of
the Works infringes his/her moral rights.
9.1.3. This clause 9.1 shall not apply, to the extent that it conflicts with the provisions of any document approved by us
and signed direct between you and the End Client.
9.2. You will indemnify us against any liability we may incur as a result of any alleged infringement of any third party’s
intellectual property rights as a result of any act by you, other than to the extent that any such infringement results
from compliance with any Specifications issued by us or by an End Client.
10. CONFIDENTIALITY
10.1.You may not disclose or use for your own purposes or for any purposes (other than ours) any information of a private,
confidential, or secret nature which you have obtained by virtue of your employment with us and either relating to us or
to our business, or in respect of which we owe an obligation of confidence to an End Client or any third party:
10.1.1. during the employment, except in the proper course of the employment, or
10.1.2. at all, after the termination of the employment.
10.2.You will sign any reasonable form of non-disclosure, secrecy, or confidentiality agreement that may be required from
time to time.
10.3. Nothing in this clause shall operate so as to prevent you or, where applicable, us (or any of our officers, employees,
workers or agents) from:
10.3.1. reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the
police or any law enforcement agency regarding a criminal investigation or prosecution;
10.3.2. doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority;
10.3.3. whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a
regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of
regulatory requirements (including giving evidence at a hearing);
10.3.4. complying with an order from a court or tribunal to disclose or give evidence;
10.3.5. disclosing information to any person who owes a duty of confidentiality (which you and we agree not to
waive) in respect of information disclosed to them, including legal or tax advisers or, in your case, persons
providing you with medical, therapeutic, counselling or support services (provided they owe you a duty of
confidentiality which remains unwaived);
10.3.6. making any other disclosure as required by law; or.
Copyright © Egos Consultancy Limited 2024 all rights reserved ecl@egos.co.uk 0207-947-4429
This document was created for ePayMe Ltd by Egos Legal Limited on 16/3/2024.
10.3.7. making a “protected disclosure” within the meaning of Part 4A (Protected Disclosures) of the Employment
Rights Act 1996; for the avoidance of doubt, this includes protected disclosures made about matters previously
disclosed to another recipient;
10.4.Your obligations under this clause shall survive the termination of this Agreement, for whatever reason.
11. SOCIAL MEDIA, COMPUTERS, AND TELECOMMUNICATIONS
11.1.You will comply with all applicable policies (both ours, and those of any Client for whom you may be engaged on an
Assignment) in relation to social media and the use of computer and telecommunications equipment.
12. DISCIPLINARY AND GRIEVANCE PROCEDURES
12.1. Disciplinary and Grievance Procedures based on those recommended by ACAS will generally be followed. These
procedures are not contractual, and the Company reserves the right to depart from them at its discretion, and/or to
change them from time to time. A copy of the procedures in force at the date of this contract is at Annex B.
12.2.Any grievance should be brought to the attention of your ePayMe Rewards account manager in the first instance. If
your account manager is unable to resolve it, you may refer it to an ePayMe Rewards Director.
12.3.Appeals in relation to disciplinary matters may be made to an ePayMe Rewards Director.
13. TERMINATION
13.1. There is no probationary period associated with your employment. Your employment is not for a fixed term
and is not of a temporary nature. It may be terminated by notice, as set out in this clause (or, where we are
justified in so doing, for example as a result of gross misconduct, without notice and without making payment in lieu of
notice). It may automatically terminate, without any requirement for notice, as set out below.
13.2. Termination of an Assignment does not terminate your contract of employment. Termination of your Employment
Contract will automatically terminate any then-current Assignment. An Assignment will terminate automatically if
the Client Contract for that Assignment is terminated (either by us, or by the Client), or expires and is not renewed.
13.3.You may not terminate your employment until the Client Contract for any current Assignment can also be lawfully
terminated by us. The period of notice we must give the Client to terminate the Assignment is shown in your Employee
Assignment Schedule. You may not terminate an Assignment without also terminating your contract of employment,
without our written agreement. Subject thereto, this employment may be terminated by written notice as follows:
13.3.1. During the first month, either by you or by us with immediate effect
13.3.2. Thereafter, until you have achieved two years continuous employment, either (a) by you giving us one
week’s notice, or (b) by us giving you two weeks’ notice
13.3.3. Thereafter, either (a) by you giving us one week’s notice, or (b) by us giving you notice of one week, plus
one additional week for each year of continuous employment, up to a maximum of twelve (maximum notice
thirteen weeks).
13.4.Your employment will automatically terminate, without any requirement for notice, on the first day on which both of
the following statements are true:
13.4.1. you have no current Assignment, and
13.4.2. either
13.4.2.1. you have taken the whole of the paid leave to which you would be entitled in the event that your
employment were to end on that day, or
13.4.2.2. you have already been advanced (or have otherwise received) payment in respect of all sums held
by us as your paid leave reserve fund.
13.5. If following termination of your employment pursuant to any of the above provisions, a further Assignment (‘New
Assignment’) is offered to and accepted by you, the New Assignment shall be a new employment subject to these
Terms, save only that
13.5.1. your period of continuous employment under that new employment shall commence on the first day of the
New Assignment, unless otherwise provided by law; and
13.5.2. that new employment may itself terminate automatically or be terminated by notice in accordance with these
Terms.
13.6.Your employment will automatically terminate, without any requirement for notice, if continuation of your employment
would become unlawful, whether by reason of the expiry of any required work permit, or otherwise.
13.7. For the avoidance of doubt, whilst payment will be made for time worked during notice periods, no payment in lieu
of notice will be made, save where otherwise required by law.
13.8. On termination of your employment for whatever reason, you will forthwith return all property belonging to us or to
any Client which is in your possession or under your control. You will if so required by us, confirm in writing that you
have complied with your obligation under this term.
14. DATA PROTECTION AND PRIVACY
14.1. We are required by law to give you information about the personal data (including sensitive personal data / special
category data) about you that we record, keep and process, and about the conditions under which we ensure our
processing of such data is lawful.
14.2. This information is now contained in our Employee, Worker, and Freelance Contractor Data Protection and Privacy
Notice. This notice is not contractual, and may be changed from time to time. A copy of the notice in force at the
date of this contract is provided to you at the time of signing this contract.
15. HEALTH AND SAFETY
15.1.You must:
15.1.1. familiarise yourself and comply at all times with all aspects of our Health and Safety policy, and with that of
any Client on whose premises you are working;
15.1.2. comply with the requirements of the Health and Safety at Work Act 1974 and all other current relevant safety
legislation, regulations, laws, codes of practice, standards, and requirements imposed by any competent
authority (‘the Requirements’);
15.1.3. take responsible care for the health and safety of yourself and any other person who may be affected by
your acts or omissions at work, as required by section 7 of that Act;
15.1.4. as regards any duty imposed on us or on any other person by or under any relevant Requirement, cooperate
with us or such other person so far as is necessary to enable that duty or requirement to be performed or complied with;
15.1.5. not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety, or
welfare in pursuance of any relevant statutory provisions; and
15.1.6. report any workplace near misses, injuries or accidents immediately or, in the case of incapacity, as soon as is reasonably practical.
15.2. Failure to comply with Health and Safety requirements is a serious matter, and may result in disciplinary action, including dismissal.
16. PREVENTION OF BRIBERY AND CORRUPTION
16.1. The Company takes a zero tolerance approach to bribery and corruption. You must comply with the applicable antibribery and corruption laws, and with any related policies and procedures of which we may notify you from time to time.
16.2. If you are offered a bribe, or if you are asked to make one, or if you suspect that any bribery or corruption has
occurred or may occur, you must immediately report to the Compliance Officer or a director. Failure to do so will be
treated as a disciplinary matter and may result in the immediate termination of your employment.
17. PREVENTION OF DISCRIMINATION AND HARASSMENT
17.1. The Company is committed to promoting equal opportunities in employment. You and any job applicants will receive
equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or
maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.
17.2. The Company takes a zero tolerance approach to unlawful discrimination and harassment of other people including
current and former employees, job applicants, clients, customers, suppliers and visitors.. This applies in the
workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts or when
wearing a work uniform), and on work-related trips or events including social events.
17.3. Unlawful discrimination or harassment will be treated as a disciplinary matter and may result in the immediate
termination of your employment.
18. PREVENTION OF THE FACILITATION OF TAX EVASION
18.1. The Company takes a zero tolerance approach to tax evasion. You must not engage in any form of facilitating tax
evasion, whether under UK law or under the law of any foreign country.
18.2.You must immediately report to the Compliance Officer or a director any request or demand from a third party to
facilitate the evasion of tax, or any concerns that such a request or demand may have been made. Failure to do
so will be treated as a disciplinary matter and may result in the immediate termination of your employment.
19. COMPLIANCE WITH ALL OTHER APPLICABLE LAWS
19.1. In addition to the specific requirements for compliance elsewhere in this Agreement, you expressly agree that you
will at all times comply with all other applicable laws, statutes, regulations and codes from time to time in force.
20. OTHER OBLIGATIONS ON YOUR PART
20.1.Staff Handbook
The Company may publish a Staff Handbook containing detailed information about the Company’s procedures and
policies, If the Company does so, you will be required to familiarise yourself with its content, keep up to date with
any changes, and generally to abide by its provisions. If you are uncertain on any point contained in the Staff Handbook, you should discuss it with a Director. The Staff Handbook (when published) is not contractual, and the Company may change it from time to time.
20.2.Vehicles
If you provide a vehicle for commuting or for use in connection with your work, you must ensure that it is in all
respects lawful, roadworthy, and taxed. You must also ensure that your motor insurance includes provision for the
use of the vehicle for commuting and (where applicable) for business purposes, and you must on request provide
us with a copy of your insurance certificate.
20.3. Integrity
You must maintain the highest standards of honesty and fair dealing in your work.
20.4. Warranty
You warrant that you are not subject to any restriction (whether contractual or otherwise) which might restrict you
from fully performing any of the duties of this contract.
20.5. Criminal charges
If you at any time have a Criminal Charge laid against you, or if you receive a summons to appear in the Magistrates
Court (other than as a witness, in domestic proceedings, or for a Road Traffic offence where the Court has no power to
order endorsement of your driving licence) you must disclose it to us immediately. If you have had such a conviction in
the past (other than a conviction which is ‘spent’ within the meaning of the Rehabilitation of Offenders Act) you must do
likewise;
20.6. Other work
20.6.1. You must devote the whole of your time, attention and abilities during working hours on an Assignment to your
duties thereunder, and you may not under any circumstances during those hours whether directly or indirectly,
undertake any other duties, of whatever kind;
20.6.2. We do not seek to restrict what you do outside the working hours of your current Assignment.
20.7. Working Clothing
You must provide yourself with suitable working clothing; any protective clothing or equipment which may be
necessary to minimise risks to your health or safety will be provided without charge.
20.8.Property
20.8.1. If any property is issued to you by us or by a Client in connection with the performance of your duties under
this Agreement, you will use it for no other purpose, take all proper care of it, ensure that at all times it is
adequately insured, under no circumstances seek to exercise any lien on such property, and return it at the
end of your this contract (earlier, if so required) in good serviceable condition, fair wear and tear only excepted.
20.8.2. All property of yours shall be at your risk at all times and we shall not be liable for any loss or damage to it,
however such loss or damage may be caused.
21. CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS 2003 – OPTING OUT
21.1. We do not provide work-finding services as defined under these regulations, nor do we operate as an employment
business as defined under the Employment Agencies Act 1973. You and we acknowledge and agree that at no time
will we offer work-finding services to or be obliged to find work for you.
21.2. We both therefore envisage that, as between us, the arrangements contemplated by this Agreement and any
Assignment Schedule do not fall within the scope of such regulations.
21.3. In relation to an agency, our position in relation to these regulations will be that of a ‘work-seeker which is a company’,
and yours will be that of the ‘person who is or would be supplied … to carry out the work’.
21.4. If we contract at your request with an agency (‘Employment business’) for the provision of your services, you and
we may agree to opt out of these regulations, unless you will be working with children or other vulnerable people.
21.5. If you opt out of these regulations, our contract with the Agency for your services may include restrictions legally
binding on you and affecting your future dealings with the End-Client, which you must comply with.
21.6. If you tell us that you wish to opt out, we will support your decision, and we will tell the agency that you and we have
jointly agreed to opt out.
21.7.You may use the form in Annex D to tell us of your decision to opt out, or not to opt out, or of a change to an earlier
decision.
21.8. Until and unless you expressly tell us otherwise, by signing this contract, (a) you confirm that you wish to Opt Out of
the regulations where it is legally permissible to do so, and (b) you authorise us to notify the agency on your behalf
that you and we have agreed to Opt Out.
21.9. The Assignment Schedule for your current Assignment will show whether or not you have elected to opt out of these
regulations for that Assignment.
22. GENERAL
22.1.Status
It is not the intention of either of us that you should be or become an employee of any Client for whom you may perform
an Assignment.
22.2. Collective Agreements
No collective agreement will apply to your employment with the company.
22.3. Training
There is no entitlement to training to be provided by us, or which you are required to complete; and there is no other
training which you are required to complete that we will not bear the cost of.
22.4. Other benefits
There are no other benefits to be provided by us to which you are entitled as a result of your employment.
22.5. Governing Law
This contract is governed by the laws of England and Wales and any questions arising shall be dealt with by the
courts of England and Wales.
22.6.Severance
If any term of this Agreement is held by any court or other competent authority to be wholly or partially void, invalid, or
unenforceable, such term shall be severed from the body of these terms (which shall continue to be valid and enforceable
to the fullest extent permitted by Law).
22.7. Notices
Any notice pursuant to this contract shall be given in writing (excluding email), provided that notices
22.7.1. from us to you may be given by email to the most recent email address provided to us by you, and shall be
deemed received forthwith upon sending unless notice of rejection is received from your email provider
22.7.2. from you to us may be given by electronic message via our website when you are logged in on your portal,
and shall be deemed received forthwith upon sending unless you are notified of non-acceptance by the
website.
22.8.Electronic signatures
22.8.1. This Agreement and/or your Employee Assignment Schedule may be signed by electronic signature
(whatever the form the electronic signature takes), and that such method of signature shall be equally
conclusive of the intention of each of us to be bound by its terms and conditions as if signed with manuscript
signatures.
22.8.2. Notwithstanding that this Agreement and/or your Employee Assignment Schedule may have been signed
by a form of electronic signature, and save in case of changes pursuant to clause 22.9.1, no addition,
amendment to, or modification or discharge of, this Agreement and/or your Employee Assignment Schedule
shall be effective otherwise than in writing and signed by each party (in our case, by a Director on our behalf),
and no additional or modified terms may be implied by any other actions of you or us.
22.9. Our right to change these conditions
22.9.1. We reserve the right to make reasonable changes to any of the terms and conditions of this contract. Not less
than one month’s written notice of any significant changes may be given by way of an individual notice or a general
notice. Such changes will be deemed to be accepted unless you notify us of any objection in writing before the
expiry of the notice period.
22.9.2. Subject thereto, any variation to this Agreement or to your current Employee Assignment Schedule will only
be valid where it is recorded in writing and signed by both parties and no additional or modified terms shall be
implied by any other actions of you or the Company.
22.10. Transfer of Employment
22.10.1. We may transfer your employment to another company. If we intend to do so, we will notify you in
writing. Your continuity of employment will be unaffected by such a transfer, and, unless modified, this contract
shall in all respects remain binding on you as if reference to us in this contract were reference to such other
company..
22.11. Entire Agreement
22.11.1. This Agreement and your current Employee Assignment Schedule together are intended to fully
reflect the intentions and expectations of both parties as to our future dealings, and (in the event of any dispute
regarding your engagement by the Company) shall be regarded as a true, accurate and exhaustive record of
the terms on which we have agreed to enter into a relationship; together, they contain and constitute the entire
understanding between us, and supersede any prior arrangements relating to any previous relationship
between us (which shall be deemed to have been discharged by mutual consent).
22.11.2. In case of conflict, this Agreement has priority over your Employee Assignment Schedule.
22.11.3. You confirm that you have read and understood the contents of this document and have had the
opportunity to take advice where necessary.

The rate the Agency or Client will pay us is NOT your gross pay.
It is an amount intended to cover not only your gross pay, but also
– your employment overheads (including employer’s National Insurance and workplace pension auto-enrolment
contributions, and apprenticeship levy),
– our own margin, and
– provision for your holiday pay.
If you work through an Agency, you should find an illustration of your expected gross pay in the Key Information Document
given to you by them.

1. YOUR EMPLOYMENT

1.1. Definitions and Preliminary
1.1.1. In this contract,
1.1.1.1. ‘Assignment’ includes any Assignment detailed in your Employee Assignment Schedule.
1.1.1.2. ‘Client’ means any party with whom we may with your agreement contract to provide your services,
and (where the context permits) includes any End Client specified in your Employee Assignment
Schedule.
1.1.1.3. ‘the Company’, ‘ePayMe’, ‘we’, ‘us’, and ‘our’ all refer to ePayMe Rewards Ltd.
1.1.1.4. Employment Overheads’ include (but are not necessarily limited to) Employer’s national insurance
or social security contributions, Apprenticeship Levy, employer’s pensions auto-enrolment
contributions, employer contributions made at your request to a registered pension scheme, and any
other sums which are
1.1.1.4.1. calculated based on employees’ and workers’ earnings (not including sums properly
deductible from those earnings), and
1.1.1.4.2. required by applicable law to be paid by an employer/engager to persons or bodies other
than the employee/worker.
1.1.1.5. ‘Entire Assignment’ means the entire period during which you work continuously in the same role
for the same End Client, and therefore may be covered by more than one Employee Assignment
Schedule.
1.1.1.6. ‘Establishment’ means a school or other educational establishment.
1.1.1.7. ‘School Days’ mean weekdays during term time which are normal school days at an Establishment,
and do not include days which are half term holidays.
1.1.1.8. ‘School Holidays’ means weekdays which are not School Days; in case of doubt as to whether or
not a day is a School Holiday,
• where you are to commence an Assignment after a School Holiday at a new Establishment, it
will be considered by reference to days which are school holidays at that new Establishment
• in all other cases, it will be considered by reference to days which are school holidays at the
Establishment at which you last worked on an Assignment.
1.1.1.9. ‘Term Time’ means all days which are School Days.
1.1.1.10.‘Terms’ means the terms and conditions of this Contract of Employment.
1.1.2. Before offering you employment, the Company will require certain documents from you in order to satisfy
itself that you are legally entitled to work in the UK. You confirm that you are legally entitled to work in the UK
without any additional immigration approvals, and you agree to notify the Company immediately if you cease to be so entitled at any time.
1.1.3. It is your responsibility to keep us up to date with any changes to the personal details you have provided us with.
1.2. Intentions; Commencement and continuity of employment
1.2.1. We enter this Employment Contract solely for the purpose of facilitating you to take specific Assignments
sourced by you, and on terms agreed by you.
1.2.2. Where there is no preceding continuity of employment, this contract of employment is conditional on
1.2.2.1. you demonstrating to our reasonable satisfaction, in accordance with current Home Office
requirements, that you have the legal right to work in UK, and
1.2.2.2. actual commencement of your first Assignment,
and there is no entitlement to payment, or to paid leave, in respect of any period before actual
commencement of your first Assignment.
1.2.3. Subject thereto, your period of continuity of employment shall be deemed to have commenced on the date
of this contract or assignment provided to us. No previous period of employment by us or by any other company
counts as part of your period of continuity of employment with us.
1.2.4. You will work on a flexible, “as required and agreed” basis.
1.2.4.1. This contract does not create any obligation on the Company to allocate Assignments or provide
work to you, and by entering into this contract you confirm your understanding that the Company
makes no promise or guarantee of a minimum level of work to you.
1.2.4.2. There is no obligation on you to accept any Assignment that may be offered.
1.2.4.3. This contract is not intended to be an overarching contract. It is the intention of both you and the
Company that there be no mutuality of obligation between us at any time when you are not performing
an Assignment. In particular, paid leave entitlement shall only accrue during an Assignment, and not
at any other time.
1.2.5. We anticipate that, in relation to leave years under this contract commencing on or after 1st April 2024,
1.2.5.1. the number of paid hours that you will work in each pay period during the term of your contract in
that year will be wholly or mostly variable, and/or
1.2.5.2. you may be required to work only part of the year, and there will be periods during the term of the
contract of at least a week during which you are not required to work and for which you will not be paid;
and that you will therefore fall into either or both of the categories of ‘irregular hours’ worker’ and/or ‘part year worker’, as defined by the Working Time Regulations 1998, with effect from 1st April 2024.
1.2.6. You are employed as a Contractor within the Education Sector (Please refer to your assignment schedule,
provided by your agency, for your working title), having regard to your qualifications and experience as notified to us.
1.2.7. You will perform and complete such Assignments as we may from time to time offer and you may agree to
undertake. An Employee Assignment Schedule will be issued to you for each such Assignment, and this will
include details of the role and tasks to be performed, and the working location and working hours.
1.2.8. You are not authorised to enter into or conclude contracts on our behalf.
1.2.9. You are not authorised to amend or change, or to terminate contracts on our behalf. If anyone other than
ourselves attempts to discuss changes to or the termination of an Assignment with you, you must decline to
discuss such matters and refer them to us. You must notify us immediately if you are told by anyone other
than us that the Assignment is to end.
1.2.10. We ourselves do not exercise (or assert the right to exercise) supervision and/or direction and/or control as
to your manner of working whilst on Assignment. Subject thereto, you will comply with our lawful instructions,
and with our working practices, standards, regulations and other reasonable requirements.
1.2.11. We do not expect to provide workspace for you at our premises; your duties will be carried out at such
places of work as we may specify from time to time within the United Kingdom (or otherwise, as you and we
may from time to time agree). Your place of work for an Assignment will generally be specified in your Assignment
Schedule. Our own address is Basepoint Business Centre, 377-399 London Road, Camberley GU15 3HL.
1.3. Assignments
1.3.1. Whilst on Assignment,
1.3.1.1. you are seconded to work for the End Client, at the location, and for the duration, all as specified
in the applicable Employee Assignment Schedule; and
1.3.1.2. you will not by your own acts defaults or omissions cause ePayMe Rewards Ltd to be in any way
in breach of any applicable provision of the contract under which we have agreed to provide your
services to the Client (a copy of which, if not already provided with the Employee Assignment
Schedule, will be provided on request); and
1.3.1.3. you must comply with such reasonable requirements (such as timesheets, or electronic time
recording system) as may be imposed by the End Client for recording and verifying all time so worked;
and
1.3.1.4. you must comply with the End Client’s requirements as notified from time to time, to the extent that
such requirements apply in relation to external contractors at the place of work, such as security
requirements, quality requirements and health and safety procedures; and
1.3.1.5. you must notify us promptly if you become aware of any circumstances giving rise to the possibility
of a claim being made against us as a result of any act, default or omission on your part, regardless
of whether or not you yourself consider such claim might be justifiable.
1.3.2. Any offer of an Assignment
1.3.2.1. shall be subject to these Terms and to the applicable Employee Assignment Schedule; and
1.3.2.2. is conditional on the Client contracting unconditionally with us for the Assignment.
1.3.3. You may accept an offer of an Assignment by signing and returning a copy of the Employee Assignment
Schedule to ePayMe Rewards Ltd. Even if you do not sign and return a copy, you will be deemed to have
accepted the offer if you commence work on the Assignment after the Assignment Start Date.
1.3.4. A contract for an Assignment is legally binding, and you will be liable to indemnify us against any liability we
may incur or loss we may suffer as a result of any failure on your part to comply with any of its terms.
1.3.5. By accepting an Assignment,
1.3.5.1. you warrant that you are not subject to any restriction (whether contractual or otherwise) which
might restrict you from performing it
1.3.5.2. you accept that, save for payment at the applicable National Minimum Wage (or, if applicable,
National Living Wage) rate for authorised time spent actually spent working on Assignment, we may
withhold payment from you until we ourselves have been paid by our Client, and you agree that you
have considered any credit risks and found them to be acceptable.
1.3.6. If on any day which would otherwise have been a normal working day of the Assignment,
1.3.6.1. you do not work, and
1.3.6.2. you have not requested us to take the day as annual paid leave, and
1.3.6.3. you have not told us that you wish to take statutory paid leave, and
1.3.6.4. you have not contacted us before the end of that day to tell us that you are not working and the
reason, then we shall be entitled to conclude that the Assignment has ended.
2. AGENCY WORKERS REGULATIONS
2.1. Before accepting an Assignment, you must give us details of any previous periods during which you have worked
for the End-Client. This is to help us correctly calculate the ‘Qualifying Period’, and ensure that you receive your full
rights under the Agency Workers Regulations 2010.
2.2. You must notify us promptly in writing if you become aware of any information which suggests that you may not be
receiving such equality of treatment as you may consider yourself entitled to under the Agency Workers Regulations
2010, in order that we may have a proper opportunity to investigate and make any necessary changes.
2.3. When assessing your pay entitlement under regulation 5 of the Agency Worker Regulations 2010,
2.3.1. regard shall be had to any official Guidance to the Agency Worker Regulations 2010;
2.3.2. Discretionary Profit Sharing Bonuses (DPSB), to the extent that such Bonuses are in fact paid, will be taken
into account as forming part of your pay; and.
2.3.3. where we have, at your request, agreed to implement an arrangement in order to pay employers
contributions into a SIPP or other registered pension scheme for you, you agree that the amount of such
employers contributions made at your request shall nevertheless be taken into account as forming part of your pay.
2.4. If, in relation to any Assignment,
2.4.1. you have completed the Qualifying Period under regulation 7 of the Agency Worker Regulations 2010, and
2.4.2. the amount you receive in pay under that Assignment (calculated as set out in clause 2.3 above) exceeds
that which you would have been paid if you had been engaged by the hirer for the position other than by using
the services of a temporary work agency (the ‘Excess’), and
2.4.3. had you been engaged directly by the hirer, you would have received either or both of (a) a greater
entitlement to paid holiday than that to which you are entitled under this contract, or (b) some other benefit
which falls to be treated as pay under the Agency Workers Regulations 2010 (together, ‘Shortfall’),
then credit shall be given for the amount of the Excess against the Shortfall, and the amount of the Excess
shall be considered to have been received by you on account of any entitlements you may have to receive the
Shortfall.
3. PAYMENT
3.1. General: The agency or client will pay us an inclusive rate (sometimes called a ‘limited’ or ‘umbrella rate’). This
inclusive rate constitutes this company’s own income, and is intended to cover the total cost and expense that we
may incur by reason of or which are directly related to your engagement, including Employment Overheads, and our
own profit. This inclusive rate is not your wages.
3.2. Wages: You are entitled to wages for all authorised time actually worked on Assignment, subject in all cases to you
complying with all applicable procedures and requirements. We undertake that we will pay your wages for all
authorised time actually worked on Assignment, whether or not we ourselves receive payment in respect of that
work.
3.2.1. Time worked in excess of those specified in your current Employee Assignment Schedule will only be paid
if authorised by the End Client, and so if you work additional time without first getting such authorisation, you
accept the risk that such time will be unpaid.
3.2.2. Your wages will be at the applicable National Minimum Wage (or, if applicable, the National Living Wage) rate.
3.2.3. For the avoidance of doubt there is no obligation on any End Client to require you to work on any day, and
no obligation on us to make payment in respect of any day on which your services are not required.
3.2.4. You will be paid monthly in arrears, directly into your bank account, and on or around the last working day
of each month, unless otherwise indicated in your current Employee Assignment Schedule.
3.2.5. You will be provided with a payslip for each pay period, which will include a statement of the number of
hours worked during that pay period.
3.3. Bonus: You may be considered periodically for a Discretionary Profit Sharing Bonus (DPSB), provided that:
3.3.1. you have, in our reasonable opinion, generated sufficient profits, as determined by us, to warrant the grant
of such a Bonus; and
3.3.2. you have not breached the terms of this Agreement.
3.4. Any bonus will be subject to deductions for PAYE tax and NIC, as required by law.
3.5. The fact that a bonus may be paid in one period shall not be taken to imply any right, either to a bonus, or as to the
amount or basis of calculation thereof, or that such bonus is anything other than discretionary.
3.6. To the extent that your gross taxable pay (excluding holiday pay) exceeds your wages (calculated at the applicable
National Minimum Wage / National Living Wage) rate, it constitutes your Discretionary Profit Sharing Bonus, even if
not separately identified as such on your payslip.
3.7. Reimbursement of Expenses: At the start of each Entire Assignment, we will discuss with you whether any
expenses may be reimbursed.
3.8. We may reimburse to you authorised expenses actually and reasonably incurred in the performance of your duties
in accordance with our current expenses policies, provided
3.8.1. we are satisfied that the reimbursement would not offend against any applicable salary sacrifice or other
legislative requirements
3.8.2. we are satisfied that the expense claimed can legitimately be reimbursed without deduction of tax and NIC
3.8.3. both the nature of the expense and the amount are (where practicable, and where applicable) agreed in
advance
3.8.4. you comply with our current rules and procedures for expense claims
3.8.5. the claim is (unless our current expenses policy states otherwise) accompanied by receipts, and is submitted
at the same time as any timesheet for the period in question.
3.9. Any claim for expenses which are expected to be passed on to the Client may only be made direct to the Client if
the Client’s expense procedures require that you do so; and if you make any such expense claim direct to the Client,
you must provide us with a copy of every such claim, and with such further details as we may require, to enable us
to comply with our own legal obligations.
3.10. Deductions:
3.10.1. We will make all necessary deductions from your pay as required by law.
3.10.2. If any money becomes lawfully due from you to us (including Pay Advances, and money that may have
been overpaid to you in error), we may deduct all or part of such money from any sums due to you (including
pay).
3.10.3. If we have advanced you monies against your accrued paid leave reserve fund, we may recoup that advance
by deduction or set-off against any payment due to you for paid leave, as and when you actually become
entitled to receive such payment.
3.10.4. If you are in breach of contract we may withhold the whole or part of any monies otherwise due to you
(including pay) in full or partial compensation for our losses resulting from your breach, provided that we may
not withhold more than would be reasonable compensation for such breach.
3.10.5. If in breach of contract you terminate an Assignment without giving the full period of notice that you are
contractually required to give, or if you fail to pay the Client an amount the Client reasonably considers to be
due from you to the Client, and (in either case) if as a result the Client withholds part or all of any payment due
to us in respect of services you have provided, we may withhold payment of a corresponding amount from any
sums due to you (including pay).
3.10.6. If any equipment is issued to you for the purposes of or in connection with an Assignment, you must use It
for no other purposes, take all proper care of it, and return it at the end of the Assignment in good serviceable
condition, fair wear and tear only excepted. Failure by you to so return any such equipment would be a breach
of contract, and pending such return we may withhold payment of any sums due to you (including pay),
provided that we may not withhold more than the value of the equipment (if not returned) or the cost of repair
(if returned damaged).
3.10.7. If a motor vehicle made available to you by a Client suffers damage whilst is in your charge, and if after
investigation you are found to be responsible for the damage, you will be liable for the cost of repairing such
damage, up to a maximum of the excess applicable under the Client’s motor insurance policy;
3.10.7.1. pending conclusion of the investigation, if the Client withholds part or all of any payment due to us
in respect of services you have provided, we may withhold payment of a corresponding amount from
any sums due to you (including pay); and
3.10.7.2. if the investigation concludes that you were responsible for the damage, we e may make
deductions from any sums due to you (including pay) in respect of the cost of repair, up to a maximum
of such excess.
3.10.8. We may make deductions from any sums due to you (including pay) in respect of any Penalty Charge Notice
or other road traffic fixed penalty for which you have incurred liability.
3.10.9. Subject thereto, and to End-Client authorisation in respect of any hours worked in excess of those specified
in your current Employee Assignment Schedule, we will not withhold wages in respect of any periods you have
actually worked, whether or not we are paid by the Client.
3.11. Ad hoc Pay Advances
3.11.1. In this clause
3.11.1.1.‘Pay Advance’ means an advance by us to you, on account of your accrued entitlement to pay for
time already worked.
3.11.1.2.‘Pay Advance Partner’ means a company administering requests made to us for Pay Advances.
3.11.1.3.‘Administration Fee’ means our Pay Advance Partner’s administration fee, in relation to a Pay
Advance; the amount will vary according to the amount of the Pay Advance, and will be disclosed to
you before you decide whether or not to accept any offer of a Pay Advance.
3.11.2. You may from time to time be eligible to request Pay Advances.
3.11.3. By making a request for a Pay Advance, you consent to your personal data held by us being processed by
us and by our Pay Advance Partner (acting as our data processor) for all related purposes, including
considering and processing your request, and obtaining repayment of any Pay Advance we may make.
3.11.4. In considering any request for a Pay Advance, your employment record with us, and the history of any
previous Pay Advances made to you, will be taken into account, but no third party credit check will be made,
and no ‘footprint’ will be left on your credit record. We may (but are not obliged to) agree your request.
3.11.5. We, in conjunction with our Pay Advance Partner, may introduce an online system to manage requests for
Pay Advances. If we do so, decisions in relation to requests for Pay Advances may be made on an automated basis.
3.11.6. No interest is payable in respect of Pay Advances repaid on the due date.
3.11.7. Any Pay Advance we may agree to make
3.11.7.1.will be subject to your agreement to pay the Administration Fee
3.11.7.2.will be paid direct into your bank account
3.11.7.3.will be repayable from (and may be deducted from) your net pay.
3.11.8. The Administration Fee will be payable from (and may be deducted from) your net pay.
3.11.9. To extent not so deducted and repaid, a Pay Advance, together with the Administration Fee, shall constitute
a debt due from you, and shall be payable on demand.
4. HOLIDAYS AND PAID LEAVE
Paid leave entitlement shall only accrue during an Assignment, and not at any other time. During an Assignment:
4.1. Until 31st March 2024, this clause 4.1 applies to you; thereafter, it will only apply to you if you are neither an ‘irregular
hours worker’ nor a ‘part-year worker’.
4.1.1. Your total annual holiday entitlement (which includes your paid leave entitlement) will be all days which are
School Holidays. This will generally amount to 13 weeks annually, or thereabouts. Of this total holiday
entitlement, 5.6 weeks annually is your paid leave entitlement, and the remainder is unpaid.
4.1.2. Unless otherwise notified to you in relation to (and for the duration of) an Assignment,
4.1.2.1. your annual paid leave entitlement is 5.6 weeks per year; this includes any paid leave entitlement
you may have in respect of bank and public holidays; and
4.1.2.2. during the first year of employment,
4.1.2.2.1. your annual paid leave entitlement accrues at 5.6/12 = 0.4667 working weeks per
month (5.6/52 = 0.1077 working weeks per week); and
4.1.2.2.2. . periods out of Assignment are deemed to be taken as paid leave, to the extent of
your accrued annual paid leave entitlement, and thereafter as unpaid leave.
4.1.3. For the avoidance of doubt, bank and public holidays falling on days which would otherwise be normal
working days, but which are not in fact worked by you, will be taken as part of your annual paid leave
entitlement.
4.1.4. The amount of a week’s pay for the purposes of paid leave will be calculated in accordance with the Working
Time Regulations 1998 (as amended), and based on an average of your gross pay (disregarding (a) payment
for paid leave itself, and (b) any advances we may have made against your annual paid leave reserve
entitlement), calculated over the applicable reference period (52 weeks).
4.1.5. Clause 4.3 will also apply to you, if you fall within this clause 4.
4.2. This clause 4.2 will apply to you, with effect from 1st April 2024, if you are an irregular hours worker and/or a part year worker.
4.2.1. Unless otherwise notified to you in relation to (and for the duration of) an Assignment,
4.2.1.1. your paid leave entitlement during a pay period in which you have not been on sick or statutory
leave will be calculated in hours, and will accrue at the rate of 14.36% of the number of hours worked
during the pay period;
4.2.1.2. your paid leave entitlement during a pay period in which you have been on sick or statutory leave
will be calculated in hours, and will accrue at the rate of 14.36% of the historic average number of
weekly hours worked (disregarding weeks during all or part of which you were on sick or statutory
leave), multiplied by the number of weeks in the pay period;
4.2.1.3. your paid leave entitlement is subject to a maximum of 28 days per year;
4.2.1.4. the number of hours of paid leave accruing during a pay period will be subject to rounding to a
whole number of hours; less than 30 minutes will be rounded down, and 30 minutes or more will be
rounded up.
4.2.1.5. there is no separate or additional paid leave entitlement in respect of bank and public holidays.
4.2.2. The amount of a week’s pay for the purposes of paid leave will be calculated in accordance with the Working
Time Regulations 1998 (as amended), and based on historic averages of your weekly earnings and of the
number of hours worked in each week, calculated over the applicable reference period (max. 52 weeks).
4.2.3. We may choose to pay your paid leave entitlement on a ‘rolled-up’ basis. If we do so, we will:
4.2.3.1. tell you in advance that we intend to do so,
4.2.3.2. calculate your holiday pay as a 14.36% uplift to your remuneration for work done, and pay it each
pay period,
4.2.3.3. in each pay period whilst you are on sick or statutory leave, pay you an amount equal to a historic
average of the amount of holiday pay paid during previous pay periods, and
4.2.3.4. show the amount so paid on an itemised payslip,
4.2.4. Clause 4.3 also applies to you, if you fall within this clause 4.2:
4.3. This clause 4.3 will apply to you in any event, ie regardless of whether you fall within clause 4.1 or clause 4.2.
4.3.1. We may accumulate a paid leave reserve fund from revenues generated by you; details will be set out in
your Leave Pay Advances form.
4.3.2. You must request our approval for annual paid leave by giving us written notice of at least twice as many
days in advance of the earliest day specified in the notice as the number of days or part-days to which the
notice relates; (example: to request 1 week’s leave, you must give us notice at least 2 weeks in advance of
the first day of the requested leave).
4.3.2.1. If we wish to refuse such a request, we will give you written notice of at least as many days in
advance of the earliest day specified in the notice as the number of days or part-days to which the
notice relates; (example: to refuse a request for 1 week’s leave, we must give you notice at least 1
week in advance of the first day of the requested leave).
4.3.3. You may from time to time, and subject to qualifying conditions, become entitled to additional statutory rights
and entitlements, such as:
4.3.3.1. paid time off for ante-natal appointments, and/or
4.3.3.2. SMP, SAP, SPP, ShPP, PBLP (together, ‘statutory pay’), and/or
4.3.3.3. maternity leave, paternity leave, adoption leave, shared parental leave, and parental bereavement
leave (together, ‘statutory leave’);
provided that:
4.3.3.4. you must tell us in advance if you wish to take any paid time off for ante-natal appointments and/or
statutory leave; and
4.3.3.5. we do not make any such payments beyond or exceeding those required by law.
4.3.4. The leave year (holiday year) runs from 1st April in each year.
4.3.4.1. annual paid leave entitlement which it was not reasonably practicable to take as a result of the
effects of coronavirus and which has been carried forwards must be taken by 31st March 2024 at the latest;
4.3.4.2. annual paid leave entitlement which could not be taken as a result of taking a period of absence
from work due to sickness or injury may be carried forwards into the following leave year, provided
that it must be taken by the end of the period of 18 months after the end of the leave year in which
the entitlement originally arose;
4.3.4.3. annual paid leave entitlement which could not be taken as a result of taking a period of statutory
leave in a leave year may be carried forwards into the following leave year;
4.3.4.4. If you anticipate difficulty in taking any part of your annual paid leave entitlement before the end of
the leave year, you should contact us before the leave year end, and if you do so, we will work with
you, with a view to finding a solution which does not result in you losing any part of your annual paid leave entitlement.
4.3.5. Subject to the above,
4.3.5.1. annual paid leave entitlement may not be carried forwards from year to year, and must be taken
within the leave year during which it accrued;
4.3.5.2. it is your responsibility to ensure that you take any annual paid leave entitlement before the end of
the leave year;
4.3.5.3. any untaken paid leave entitlement not so taken will be lost; and
4.3.5.4. any accrued but untaken paid leave entitlement which has not been lost will be paid in lieu on
termination.
4.3.6. If on termination of your employment you have taken more or less than the amount of paid leave to which
you are entitled (calculated to the date of termination), an adjustment calculated in accordance with the
Working Time Regulations 1998 (as amended) will be made to your final pay. If you have taken more than the
amount of paid leave to which you are entitled, this will mean that a deduction is made, and any balance due
shall be a debt due to us and payable on the last day of your employment.
4.3.7. You have no entitlement to paid leave, save as set out in this clause 4.
5. SICKNESS AND INJURY
5.1. We will make payments of such statutory sick pay as may be due to you in respect of any period of absence. We do
not make any payment for sickness and injury beyond statutory sick pay as required by law. Should you recover
damages from any third party in respect of any period of absence you will repay any sums paid to you under this
clause. You do not have normal working days, for the purposes of the qualifying period for Statutory Sick pay, and your
qualifying days will be the days of the week you were due to work on Assignment in a week in which you are off sick, or,
if no such days have been agreed (or if you were not due to work on Assignment in a week in which you are off sick),
Wednesday.
5.2. If you are absent from work for any reason and absence has not previously been authorised by us, you must inform us
and the End Client as early as possible. Any absence not previously authorised must be properly explained and in the
case of an absence of uncertain duration you must keep us regularly informed of its expected duration.
5.3. If you are absent from work due to sickness or injury which continues for more than five working days (excluding
weekends) you must provide us with a medical certificate from your doctor on the sixth day of sickness or injury.
Thereafter medical certificates must be provided to us on a weekly basis.
5.4. Sickness absence related to an injury or accident at work must be reported to our HR team immediately or, in the case
of incapacity, as soon as if reasonably practical.
5.5. Immediately following return to work after a period of absence which has not previously been authorised you are required
to complete a Self-Certification form stating the dates of and the reason for absence, including details of sickness on
non-working days (this information is required by us for calculating Statutory Sick Pay entitlement).
5.6. You agree to consent to a medical examination (at our expense) by a doctor appointed by us, should we so require.
5.7. You warrant that you have disclosed (and on an ongoing basis will promptly disclose) to us any medical conditions
or other circumstances known to you which might adversely affect your ability to perform the duties of your position
/ role, and/or of any Assignment we may propose to allocate to you.
6. WORKING DAYS AND HOURS
6.1. The expected days of work during any assignment will generally be Mondays to Fridays.
6.2. The expected hours of work during any assignment will generally be 35-40 hours per week.
6.3. The normal days and normal hours may be set and varied by us from time to time.
6.3.1. Your normal working days and normal working hours are such days and hours as we may specify from time
to time to be required for your current Assignment, and will be shown in your Employee Assignment Schedule.
Copyright © Egos Consultancy Limited 2024 all rights reserved ecl@egos.co.uk 0207-947-4429
This document was created for ePayMe Ltd by Egos Legal Limited on 16/3/2024.
You will work such additional hours as we agree. You will be entitled to an unpaid lunch break (minimum 20
minutes) where your Assignment requires you to work more than six hours in any one day.
6.4. You will cooperate and comply with such means of recording working time and expenses as we may reasonably
specify from time to time.
6.5. Flexible hours may be required from time to time, in relation to an Assignment. It is your responsibility to maintain
records of hours and days worked, to produce such records to us whenever required to do so, and to ensure that
you do not work for more than 46.4 weeks in any year.
6.6. The Working Time Regulations 1998 require that you do not work for more than 48 hours in any week, unless you
have agreed in advance to waive that limit. You may indicate such agreement in Annex A.
6.6.1. If you have indicated such agreement in Annex A, the 48 hour limit specified in the Working Time
Regulations 1998 shall not apply to your employment, for so long as such agreement remains in force; you
have the right to give us 3 months’ notice in writing to withdraw such agreement.
6.6.2. If you have not indicated such agreement in Annex A, or if you do so indicate but subsequently withdraw
such agreement, the Company must ensure that it does not offer you work which would result in you working
for more than 48 hours in any week. You must therefore keep the Company informed of the hours that you
work for third parties, so that it can comply with its own obligations.
6.7. The Client may, for whatever reason, require us to temporarily suspend your Assignment. If your Assignment is to
be suspended, we will give you as much notice as possible. You will not be entitled to be paid in respect of any
such period of suspension.
6.8. We are required to display on your payslip the total number of hours for which you have worked during each pay
period.
6.8.1. We ourselves may not have direct visibility of these hours (for example, if you send a timesheet direct to the
agency, or if you are paid on the basis of a day rate and not by the hour).
6.8.2. To enable us to comply with our own obligations, you must therefore:
6.8.2.1. keep appropriate records, and
6.8.2.2. notify us on an ongoing basis of the total number of hours worked during each pay period, and
6.8.2.3. notify us promptly if you consider the figure stated on your payslip for the total number of hours
worked to be inaccurate.
7. PENSIONS
7.1. The statutory Pension Auto-Enrolment provisions will apply. The Company will comply with the employer pension
duties to you, in accordance with Part 1 of the Pensions Act 2008.
7.2. The Company’s chosen Auto-Enrolment pension scheme provider is Smart Pension. The Company reserves the
right to change its chosen Auto-Enrolment pension scheme provider from time to time, and you will be notified of
any such changes.
7.3. Subject thereto, there is no company pension scheme.
7.4. Your Pay Reference Period for the purpose of Pensions Auto-Enrolment will be Monday to Sunday when Weekly
paid (or when paid by reference to multiples of a week) and each Calendar Month when Monthly Paid.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All rights in the nature of Intellectual Property Rights (including, but not limited to, copyright) arising in any work
created by you (whether alone, or in conjunction with others) in the course of an Assignment must be disclosed
promptly to us, and shall vest in us.
8.1.1. It is our responsibility to pass on to any third party such rights as we have agreed. You will cooperate fully in
any formal steps reasonably required by us so as to put this term into effect. If we so require, you will sign any
reasonable form of assurance of Intellectual Property rights which may be required.
8.1.2. You waive any moral rights in such work to which you now or may at any future time be entitled under Chapter
IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but
without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not
to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of
the Works infringes his/her moral rights.
8.1.3. This clause 8.1 shall not apply, to the extent that it conflicts with the provisions of any document approved by us
and signed direct between you and the End Client.
8.2. You will indemnify us against any liability we may incur as a result of any alleged infringement of any third party’s
intellectual property rights as a result of any act by you, other than to the extent that any such infringement results
from compliance with any Specifications issued by us or by an End Client.
9. CONFIDENTIALITY
9.1. You may not disclose or use for your own purposes or for any purposes (other than ours) any information of a private,
confidential, or secret nature which you have obtained by virtue of your employment with us and either relating to us or
to our business, or in respect of which we owe an obligation of confidence to an End Client or any third party:
9.1.1. during the employment, except in the proper course of the employment, or
9.1.2. at all, after the termination of the employment.
9.2. You will sign any reasonable form of non-disclosure, secrecy, or confidentiality agreement that may be required from
time to time.
9.3. Nothing in this clause shall operate so as to prevent you or, where applicable, us (or any of our officers, employees,
workers or agents) from:
9.3.1. reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the
police or any law enforcement agency regarding a criminal investigation or prosecution;
9.3.2. doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority;
9.3.3. whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a
regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of
regulatory requirements (including giving evidence at a hearing);
9.3.4. complying with an order from a court or tribunal to disclose or give evidence;
9.3.5. disclosing information to any person who owes a duty of confidentiality (which you and we agree not to
waive) in respect of information disclosed to them, including legal or tax advisers or, in your case, persons
providing you with medical, therapeutic, counselling or support services (provided they owe you a duty of
confidentiality which remains unwaived);
9.3.6. making any other disclosure as required by law; or.
9.3.7. making a “protected disclosure” within the meaning of Part 4A (Protected Disclosures) of the Employment
Rights Act 1996; for the avoidance of doubt, this includes protected disclosures made about matters previously
disclosed to another recipient;
9.4. Your obligations under this clause shall survive the termination of this Agreement, for whatever reason.
10. SOCIAL MEDIA, COMPUTERS, AND TELECOMMUNICATIONS
10.1.You will comply with all applicable policies (both ours, and those of any Client for whom you may be engaged on an
Assignment) in relation to social media and the use of computer and telecommunications equipment.
11. DISCIPLINARY AND GRIEVANCE PROCEDURES
11.1. Disciplinary and Grievance Procedures based on those recommended by ACAS will generally be followed. These
procedures are not contractual, and the Company reserves the right to depart from them at its discretion, and/or to
change them from time to time. A copy of the procedures in force at the date of this contract is at Annex B.
11.2.Any grievance should be brought to the attention of your ePayMe Rewards account manager in the first instance. If
your account manager is unable to resolve it, you may refer it to an ePayMe Rewards Director.
11.3.Appeals in relation to disciplinary matters may be made to an ePayMe Rewards Director.
12. TERMINATION
12.1. There is no probationary period associated with your employment. Your employment is not for a fixed term
and is not of a temporary nature. It may be terminated by notice, as set out in this clause (or, where we are
justified in so doing, for example as a result of gross misconduct, without notice and without making payment in lieu of
notice). It may automatically terminate, without any requirement for notice, as set out below.
12.2. Termination of an Assignment does not terminate your contract of employment. Termination of your Employment
Contract will automatically terminate any then-current Assignment. An Assignment will terminate automatically if
the Client Contract for that Assignment is terminated (either by us, or by the Client), or expires and is not renewed.
12.3.You may not terminate your employment until the Client Contract for any current Assignment can also be lawfully
terminated by us. The period of notice we must give the Client to terminate the Assignment is shown in your Employee
Assignment Schedule. You may not terminate an Assignment without also terminating your contract of employment,
without our written agreement. Subject thereto, this employment may be terminated by written notice as follows:
12.3.1. During the first month, either by you or by us with immediate effect
12.3.2. Thereafter, until you have achieved two years continuous employment, either (a) by you giving us one
week’s notice, or (b) by us giving you two weeks’ notice
12.3.3. Thereafter, either (a) by you giving us one week’s notice, or (b) by us giving you notice of one week, plus
one additional week for each year of continuous employment, up to a maximum of twelve (maximum notice
thirteen weeks).
12.4.Your employment will automatically terminate, without any requirement for notice, on the first day on which both of
the following statements are true:
12.4.1. you have no current Assignment, and
12.4.2. either
12.4.2.1. you have taken the whole of the paid leave to which you would be entitled in the event that your
employment were to end on that day, or
12.4.2.2. you have already been advanced (or have otherwise received) payment in respect of all sums held
by us as your paid leave reserve fund.
12.5. If following termination of your employment pursuant to any of the above provisions, a further Assignment (‘New
Assignment’) is offered to and accepted by you, the New Assignment shall be a new employment subject to these
Terms, save only that
12.5.1. your period of continuous employment under that new employment shall commence on the first day of the
New Assignment, unless otherwise provided by law; and
12.5.2. that new employment may itself terminate automatically or be terminated by notice in accordance with these Terms.
12.6.Your employment will automatically terminate, without any requirement for notice, if continuation of your employment
would become unlawful, whether by reason of the expiry of any required work permit, or otherwise.
12.7. For the avoidance of doubt, whilst payment will be made for time worked during notice periods, no payment in lieu
of notice will be made, save where otherwise required by law.
12.8. On termination of your employment for whatever reason, you will forthwith return all property belonging to us or to
any Client which is in your possession or under your control. You will if so required by us, confirm in writing that you
have complied with your obligation under this term.
13. DISCLOSURE AND BARRING SERVICE (‘DBS’)
13.1.Any person applying to work in a school in a capacity involving contact with pupils under the age of 18 is excluded
from the provision for the Rehabilitation of Offenders Act 1974 by virtue of the Rehabilitation of Offenders Act 1974
(Exceptions) (Amendment) Order 1986.
13.2.You are therefore not entitled to withhold information about convictions or cautions which for other purposes may
be ‘spent’, and any failure to disclose such convictions could result in termination of both an Assignment and this contract.
13.3.An enhanced disclosure will be requested from the Disclosure and Barring Service. An equivalent standard of
criminal background check will be required in respect of any period(s) you have lived overseas, from the appropriate
authorities.
14. DATA PROTECTION AND PRIVACY
14.1. We are required by law to give you information about the personal data (including sensitive personal data / special
category data) about you that we record, keep and process, and about the conditions under which we ensure our
processing of such data is lawful.
14.2. This information is now contained in our Employee, Worker, and Freelance Contractor Data Protection and Privacy
Notice. This notice is not contractual, and may be changed from time to time. A copy of the notice in force at the
date of this contract is provided to you at the time of signing this contract.
15. HEALTH AND SAFETY
15.1.You must:
15.1.1. familiarise yourself and comply at all times with all aspects of our Health and Safety policy, and with that of
any Client on whose premises you are working;
15.1.2. comply with the requirements of the Health and Safety at Work Act 1974 and all other current relevant safety
legislation, regulations, laws, codes of practice, standards, and requirements imposed by any competent
authority (‘the Requirements’);
15.1.3. take responsible care for the health and safety of yourself and any other person who may be affected by
your acts or omissions at work, as required by section 7 of that Act;
15.1.4. as regards any duty imposed on us or on any other person by or under any relevant Requirement, cooperate
with us or such other person so far as is necessary to enable that duty or requirement to be performed or
complied with;
15.1.5. not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety, or
welfare in pursuance of any relevant statutory provisions; and
15.1.6. report any workplace near misses, injuries or accidents immediately or, in the case of incapacity, as soon
as is reasonably practical.
15.2. Failure to comply with Health and Safety requirements is a serious matter, and may result in disciplinary action,
including dismissal.
16. PREVENTION OF BRIBERY AND CORRUPTION
16.1. The Company takes a zero tolerance approach to bribery and corruption. You must comply with the applicable anti bribery and corruption laws, and with any related policies and procedures of which we may notify you from time to time.
16.2. If you are offered a bribe, or if you are asked to make one, or if you suspect that any bribery or corruption has
occurred or may occur, you must immediately report to the Compliance Officer or a director. Failure to do so will be
treated as a disciplinary matter and may result in the immediate termination of your employment.
17. PREVENTION OF DISCRIMINATION AND HARASSMENT
17.1. The Company is committed to promoting equal opportunities in employment. You and any job applicants will receive
equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or
maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.
17.2. The Company takes a zero tolerance approach to unlawful discrimination and harassment of other people including
current and former employees, job applicants, clients, customers, suppliers and visitors.. This applies in the
workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts or when
wearing a work uniform), and on work-related trips or events including social events.
17.3. Unlawful discrimination or harassment will be treated as a disciplinary matter and may result in the immediate
termination of your employment.
18. PREVENTION OF THE FACILITATION OF TAX EVASION
18.1. The Company takes a zero tolerance approach to tax evasion. You must not engage in any form of facilitating tax
evasion, whether under UK law or under the law of any foreign country.
18.2.You must immediately report to the Compliance Officer or a director any request or demand from a third party to
facilitate the evasion of tax, or any concerns that such a request or demand may have been made. Failure to do
so will be treated as a disciplinary matter and may result in the immediate termination of your employment.
19. COMPLIANCE WITH ALL OTHER APPLICABLE LAWS
19.1. In addition to the specific requirements for compliance elsewhere in this Agreement, you expressly agree that you
will at all times comply with all other applicable laws, statutes, regulations and codes from time to time in force.
20. OTHER OBLIGATIONS ON YOUR PART
20.1.Staff Handbook
The Company may publish a Staff Handbook containing detailed information about the Company’s procedures and
policies, If the Company does so, you will be required to familiarise yourself with its content, keep up to date with
any changes, and generally to abide by its provisions. If you are uncertain on any point contained in the Staff
Handbook, you should discuss it with a Director. The Staff Handbook (when published) is not contractual, and the
Company may change it from time to time.
20.2.Vehicles
If you provide a vehicle for commuting or for use in connection with your work, you must ensure that it is in all
respects lawful, roadworthy, and taxed. You must also ensure that your motor insurance includes provision for the
use of the vehicle for commuting and (where applicable) for business purposes, and you must on request provide
us with a copy of your insurance certificate.
20.3. Integrity
You must maintain the highest standards of honesty and fair dealing in your work.
20.4. Warranty
You warrant that you are not subject to any restriction (whether contractual or otherwise) which might restrict you
from fully performing any of the duties of this contract.
20.5. Criminal charges
If you at any time have a Criminal Charge laid against you, or if you receive a summons to appear in the Magistrates
Court (other than as a witness, in domestic proceedings, or for a Road Traffic offence where the Court has no power to
order endorsement of your driving licence) you must disclose it to us immediately.
20.6. Other work
20.6.1. You must devote the whole of your time, attention and abilities during working hours on an Assignment to your
duties thereunder, and you may not under any circumstances during those hours whether directly or indirectly,
undertake any other duties, of whatever kind;
20.6.2. We do not seek to restrict what you do outside the working hours of your current Assignment.
20.7. Working Clothing
You must provide yourself with suitable working clothing; any protective clothing or equipment which may be
necessary to minimise risks to your health or safety will be provided without charge.
20.8.Property
20.8.1. If any property is issued to you by us or by a Client in connection with the performance of your duties under
this Agreement, you will use it for no other purpose, take all proper care of it, ensure that at all times it is
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This document was created for ePayMe Ltd by Egos Legal Limited on 16/3/2024.
adequately insured, under no circumstances seek to exercise any lien on such property, and return it at the
end of your this contract (earlier, if so required) in good serviceable condition, fair wear and tear only excepted.
20.8.2. All property of yours shall be at your risk at all times and we shall not be liable for any loss or damage to it,
however such loss or damage may be caused.
21. GENERAL
21.1.Status
It is not the intention of either of us that you should be or become an employee of any Client for whom you may perform
an Assignment.
21.2. Collective Agreements
No collective agreement will apply to your employment with the company.
21.3. Training
There is no entitlement to training to be provided by us, or which you are required to complete; and there is no other
training which you are required to complete that we will not bear the cost of.
21.4. Other benefits
There are no other benefits to be provided by us to which you are entitled as a result of your employment.
21.5. Conduct of Employment Agencies and Employment businesses Regulations 2003
Where these regulations apply to us in relation to an Assignment, our capacity will be that of an employment
business.
21.6. Governing Law
This contract is governed by the laws of England and Wales and any questions arising shall be dealt with by the
courts of England and Wales.
21.7.Severance
If any term of this Agreement is held by any court or other competent authority to be wholly or partially void, invalid, or
unenforceable, such term shall be severed from the body of these terms (which shall continue to be valid and enforceable
to the fullest extent permitted by Law).
21.8. Notices
Any notice pursuant to this contract shall be given in writing (excluding email), provided that notices
21.8.1. from us to you may be given by email to the most recent email address provided to us by you, and shall be
deemed received forthwith upon sending unless notice of rejection is received from your email provider
21.8.2. from you to us may be given by electronic message via our website when you are logged in on your portal,
and shall be deemed received forthwith upon sending unless you are notified of non-acceptance by the website.
21.9.Electronic signatures
21.9.1. This Agreement and/or your Employee Assignment Schedule may be signed by electronic signature
(whatever the form the electronic signature takes), and that such method of signature shall be equally
conclusive of the intention of each of us to be bound by its terms and conditions as if signed with manuscript signatures.
21.9.2. Notwithstanding that this Agreement and/or your Employee Assignment Schedule may have been signed
by a form of electronic signature, and save in case of changes pursuant to clause 21.9.1, no addition,
amendment to, or modification or discharge of, this Agreement and/or your Employee Assignment Schedule
shall be effective otherwise than in writing and signed by each party (in our case, by a Director on our behalf),
and no additional or modified terms may be implied by any other actions of you or us.
21.10. Our right to change these conditions
21.10.1. We reserve the right to make reasonable changes to any of the terms and conditions of this contract.
Not less than one month’s written notice of any significant changes may be given by way of an individual notice or
a general notice. Such changes will be deemed to be accepted unless you notify us of any objection in writing before the expiry of the notice period.
21.10.2. Subject thereto, any variation to this Agreement or to your current Employee Assignment Schedule
will only be valid where it is recorded in writing and signed by both parties and no additional or modified terms
shall be implied by any other actions of you or the Company.
21.11. Transfer of Employment
21.11.1. We may transfer your employment to another company. If we intend to do so, we will notify you in writing. Your continuity of employment will be unaffected by such a transfer, and, unless modified, this contract shall in all respects remain binding on you as if reference to us in this contract were reference to such other company.
21.12. Entire Agreement
21.12.1. This Agreement and your current Employee Assignment Schedule together are intended to fully reflect the intentions and expectations of both parties as to our future dealings, and (in the event of any dispute regarding your engagement by the Company) shall be regarded as a true, accurate and exhaustive record of the terms on which we have agreed to enter into a relationship; together, they contain and constitute the entire
understanding between us, and supersede any prior arrangements relating to any previous relationship between us (which shall be deemed to have been discharged by mutual consent).
21.12.2. In case of conflict, this Agreement has priority over your Employee Assignment Schedule.
21.12.3. You confirm that you have read and understood the contents of this document and have had the opportunity to take advice where necessary.

The rate the Agency or Client will pay us is NOT your gross pay.
It is an amount intended to cover not only your gross pay, but also
– your employment overheads (including employer’s National Insurance and workplace pension
auto-enrolment contributions, and apprenticeship levy),
– our own margin, and
– provision for your holiday pay.
If you work through an Agency, you should find an illustration of your expected gross pay in the Key Information Document given to you by them.