1

This agreement is dated [DATE]

Parties

(1) Templine Employment Agency T/A Siamo Recruitment incorporated and registered in England
and Wales with company number 2186417 whose registered office is at 6250 Bishops Court,
Solihull Parkway, Birmingham Business Park, Birmingham B37 7YB (Employment Business)
(2) [INDIVIDUAL] of [ADDRESS] (Temporary Worker)

Agreed terms

1. Interpretation

1.1 The definitions and rules of interpretation in this clause apply to this agreement.
Assignment: the temporary services to be carried out by the Temporary Worker for the Client,
as more particularly described in clause 3 and in the Assignment Form.
AWR 2010: the Agency Workers Regulations 2010 (SI 2010/93).
Assignment Sheet: written confirmation of the detail of a particular Assignment to be given
to the Temporary Worker on acceptance of that Assignment, attached at Schedule 1.
Calendar Week: shall have the meaning in regulation 7(4) of the AWR 2010.
Client: a person, firm, partnership, company or Group company (as the case may be) to whom
the Temporary Worker is Introduced or supplied.
Conduct Regulations 2003: the Conduct of Employment Agencies and Employment Business
Regulations 2003 (SI 2003/3319).
Confidential Information: information in whatever form (including without limitation, in
written, oral, visual or electronic form or on any magnetic or optical disk or memory and
wherever located) relating to the business, customers, products, affairs and finances of the
Client, the Employment Business or any Group company for the time being confidential to the
Client, the Employment Business or any Group company and trade secrets including, without
limitation, technical data and know-how relating to the business of the Client or the
Employment Business or of any Group company or any of its or their suppliers, customers,
agents, distributors, shareholders, management or business contacts, including in particular (by
way of illustration only and without limitation) and including (but not limited to) information
that the Temporary Worker creates, develops, receives or obtains in connection with the
Assignment, whether or not such information (if in anything other than oral form) is marked
confidential.
Demand: any action, award, claim or other legal recourse, complaint, cost, debt, demand,
expense, fine, liability, loss, outgoing, penalty or proceeding.

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Engage: the employment of a Temporary Worker or the engagement directly or indirectly

through any employment business other than through the Employment Business (whether for a
definite or indefinite period) of a Temporary Worker as a direct result of any Introduction or
Assignment to the Client and the term Engaged shall be construed accordingly.
Group: in relation to a company, that company, each and any subsidiary or holding company
from time to time of that company, and each and any subsidiary from time to time of a holding
company of that company.
Holding company: has the meaning given in clause 1.5.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights,
moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or
to sue for passing off, rights in designs, rights in computer software, database rights, rights in
confidential information (including know-how and trade secrets) and any other intellectual
property rights, in each case whether registered or unregistered and including all applications
(or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent
rights or forms of protection which may now or in the future subsist in any part of the world.
Introduce: the provision to the Client of information by the Employment Business by way of a
curriculum vitae or in such format as the Client may from time to time require which identifies
the Temporary Worker and Introduction and Introduced shall be construed accordingly.
Introduction Fee: a fee payable by the Client to the Employment Business in the
circumstances set out in clause 4.
Other Qualifying Period Payment: any remuneration payable to the Temporary Worker
(other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of
the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or
rewards which are directly attributable to the amount or quality of work done by a Temporary
Worker and are not linked to a financial participation scheme (as defined by the AWR 2010).
Qualifying Period: 12 continuous Calendar Weeks, as defined in regulation 7 of the AWR
2010, subject always to regulations 8 and 9 of the AWR 2010.
Qualifying Period Rate of Pay: the rate of pay that will be paid to the Temporary Worker on
completion of the Qualifying Period, if this rate is higher than the Rate of Pay. Such rate will be
paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears,
subject to any deductions that the Employment Business is required to make by law and to any
deductions that the Temporary Worker has specifically agreed can be made.
Rate of Pay: the rate of pay that will be paid to the Temporary Worker prior to completion of
the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the
nearest quarter hour) weekly in arrears, subject to any deductions that the Employment
Business is required to make by law and to any deductions which the Temporary Worker has
specifically agreed can be made.
Relevant Period: shall have the meaning set out in regulation 10(5) and (6) of the Conduct
Regulations 2003.

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Relevant Terms and Conditions: the relevant terms and conditions as defined in regulation
6 of the AWR 2010 that apply once the Temporary Worker has completed the Qualifying Period.
Required Assignment Information: shall have the meaning set out at clause 3.4.
Subsidiary: has the meaning given in clause 1.5.
Temporary Worker: a worker Introduced and supplied by the Employment Business to the
Client to provide services to the Client not as an employee of the Client, who is deemed to be an
agency worker for the purposes of regulation 3 of the AWR 2010.
Temporary Work Agency: shall have the meaning set out in regulation 4(1) of the AWR
2010.
Vulnerable Person: shall have the meaning set out in regulation 2 of the Conduct Regulations
2003.
WTR 1998: the Working Time Regulations 1998 (SI 1988/1833).

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having
separate legal personality) and that person's personal representatives, successors and permitted
assigns.

1.3 The Schedules form part of this agreement and shall have effect as if set out in full in the body
of this agreement. Any reference to this agreement includes the Schedules.

1.4 A reference to a company shall include any company, corporation or other body corporate,
wherever and however incorporated or established.

1.5 A reference to a holding company or a subsidiary means a holding company or a subsidiary (as
the case may be) as defined in section 1159 of the Companies Act 2006 and a company shall be
treated, for the purposes only of the membership requirement contained in sections 1159(1)(b)
and (c), as a member of another company even if its shares in that other company are registered
in the name of (a) another person (or its nominee) by way of security or in connection with the
taking of security, or (b) its nominee. In the case of a limited liability partnership which is a
subsidiary of a company or another limited liability partnership, section 1159 of the Companies
Act 2006 shall be amended so that: (a) references in sections 1159(1)(a) and (c) to voting rights
are to the members' rights to vote on all or substantially all matters which are decided by a vote
of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to
the right to appoint or remove a majority of its board of directors is to the right to appoint or
remove members holding a majority of the voting rights.

1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-

enacted from time to time.

1.7 A reference to a statute or statutory provision shall include all subordinate legislation made
from time to time under that statute or statutory provision.

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1.8 A reference to writing or written includes fax and email.

1.9 Any obligation on a party not to do something includes an obligation not to allow that thing to
be done.

1.10 A reference to this agreement or to any other agreement or document referred to in this
agreement is a reference to this agreement or such other agreement or document as varied or
novated (in each case, other than in breach of the provisions of this agreement) from time to
time.

1.11 References to clauses and Schedules are to the clauses and Schedules of this agreement and
references to paragraphs are to paragraphs of the relevant Schedule.

1.12 Any words following the terms including, include, in particular, for example or any similar
expression shall be construed as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.

2. The agreement

2.1 These terms set out the entire agreement between the Employment Business and the
Temporary Worker for the supply of services to a Client and shall govern all Assignments
undertaken by the Temporary Worker (including, for the avoidance of doubt, where the
Temporary Worker undertakes an Assignment without having signed these terms). No contract
shall exist between the Employment Business and the Temporary Worker between Assignments.

2.2 The first Assignment will commence on the date contained in the Assignment Sheet. The
Employment Business will also notify the Temporary Worker of the start date of any subsequent
Assignment.

2.3 For the avoidance of doubt, this agreement constitutes a contract for services and not a contract
of employment between the Employment Business and the Temporary Worker or the
Temporary Worker and the Client. The Temporary Worker has the status of worker and is not an
employee. This means that the Temporary Worker may not have the same terms and
conditions, protections, or obligations as someone who works as an employee.

2.4 For the purposes of the Conduct Regulations 2003, the Employment Business acts as an
Employment Business in relation to the Introduction and supply of the Temporary Worker to the
Client.

3. Assignments

3.1 No probationary period applies to the Temporary Worker's engagement by the Employment
Business.

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3.2 The Employment Business will endeavour to obtain suitable Assignments for the Temporary
Worker to perform work.

Type of work […]

The Employment Business is not obliged to offer an Assignment to the Temporary Worker and
the Temporary Worker shall not be obliged to accept any Assignment offered by the
Employment Business.

3.3 The Temporary Worker acknowledges that the nature of temporary work means that there may
be periods when no suitable work is available. The Temporary Worker agrees that suitability of
an Assignment shall be determined solely by the Employment Business and that the
Employment Business shall incur no liability to the Temporary Worker should it fail to offer any
Assignments.

3.4 Except as provided below, at the same time as an Assignment is offered to the Temporary
Worker, the Employment Business shall provide the Temporary Worker with the following
information (the Required Assignment Information):
(a) the identity of the Client, and if applicable the nature of its business;
(b) the date the Assignment is to commence and the duration or likely duration of the
Assignment;
(c) the position which the Client seeks to fill, including the type of work the Temporary
Worker in that position would be required to do, the location at which, and the days
and hours during which, the Temporary Worker would be required to work;
(d) the Rate of Pay and any expenses payable by or to the Temporary Worker;
(e) any risks to health and safety known to the Client in relation to the Assignment and the
steps the Client has taken to prevent or control such risks; and
(f) the experience, training, qualifications and any authorisation which the Client
considers are necessary or which are required by law or a professional body for the
Temporary Worker to possess in order to work in the Assignment.

3.5 Where the Required Assignment Information is not given in paper form or by electronic means,
the Employment Business shall confirm it in writing or electronically as soon as possible and in
any event no later than the end of the third Business Day following the day on which the
Assignment was offered to the Temporary Worker.

3.6 Unless the Temporary Worker requests otherwise, clause 3.4 will not apply where the
Temporary Worker is being Introduced or supplied to the Client to work in the same position as
one in which the Temporary Worker has previously been supplied within the previous five
Business Days and the Required Assignment Information (with the exception of the date or likely
duration of the Assignment) is the same as that already given to the Temporary Worker.

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3.7 Subject to clause 3.6 and clause 3.8, where the Assignment is intended to last for five
consecutive Business Days or less and the Required Assignment Information has previously been
given to the Temporary Worker and remains unchanged, the Employment Business shall provide
written confirmation of the identity of the Client and the likely duration of the Assignment.

3.8 Where the provisions of clause 3.7 have been met but the Assignment extends beyond the
intended five consecutive Business Day period, the Employment Business shall provide the
remaining Required Assignment Information to the Temporary Worker in paper or electronic
form within eight Business Days of the start of the Assignment or by the end of the Assignment,
if sooner.

3.9 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant
Assignment or completes the Qualifying Period during the relevant Assignment, the Temporary
Worker will be informed of the Qualifying Period Rate of Pay if different from the Rate of Pay,
together with the Other Qualifying Period Payments and the other Relevant Terms and
Conditions to which the Temporary Worker is now entitled under the AWR 2010.

3.10 If the Temporary Worker considers that they have not received the Relevant Terms and
Conditions on completion of the Qualifying Period, the Temporary Worker may raise this in
writing with the Employment Business setting out as fully as possible the basis of their concerns.
The Employment Business shall, within 28 days of receiving such request, provide the
Temporary Worker with a written statement setting out:
(a) relevant information relating to the basic work and employment conditions of the
workers of the Client;
(b) the factors that the Employment Business considered when determining such basic
work and employment conditions; and
(c) where the Employment Business seeks to rely on the defence in regulation 5(3) of the
AWR 2010, relevant information which:
(i) explains the basis on which it is considered that an individual is a comparable
employee; and
(ii) describes the basic work and employment conditions which apply to that
employee.

4. Temporary to permanent

4.1 The Temporary Worker acknowledges that the Employment Business will be entitled to charge
the Client the Introduction Fee where:
(a) the Client Engages the Temporary Worker within the Relevant Period; or

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(b) the Client introduces the Temporary Worker to a third party (other than another
employment business) who subsequently Engages the Temporary Worker within the
Relevant Period.

4.2 The Introduction Fee will not be payable in the circumstances described in clause 4.1(a) if the
Client agrees to extend the period of the Assignment for a specified period at the end of which
the Temporary Worker may be Engaged by the Client without further charge.

5. Temporary worker's obligations

5.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment
Business. If the Temporary Worker does accept an Assignment, the Temporary Worker shall:
(a) co-operate with the Client's reasonable instructions and accept the direction,
supervision and control of any responsible person in the Client's organisation;
(b) observe any relevant rules and regulations of the Client's organisation (including
normal hours of work) of which the Temporary Worker has been informed or of which
the Temporary Worker should be reasonably aware;
(c) co-operate with the Employment Business in the completion and renewal of all
mandatory checks, including in relation to the Temporary Worker's right to work in the
UK;
(d) where the Assignment involves working with any Vulnerable Persons, provide the
Employment Business with copies of any relevant qualifications or authorisations
including an up-to-date Disclosure and Barring Service certificate and two references
which are from persons who are not related to the Temporary Worker;
(e) take all reasonable steps to safeguard their own health and safety and that of any
other person who may be present or be affected by their actions on the Assignment
and comply with the health and safety policies of the Client;
(f) not engage in any conduct detrimental to the interests of the Employment Business or
the Client;
(g) comply with all relevant statutes, laws, regulations and codes of practice from time to
time in force in the performance of the Assignment and applicable to the Client's
business, including without limitation, any equal opportunities or non-harassment
policies.

5.2 If the Temporary Worker accepts any Assignment offered by the Employment Business, as soon
as possible before the commencement of each such Assignment and during each Assignment (as
appropriate) and at any time at the Employment Business' request, the Temporary Worker
undertakes to:
(a) inform the Employment Business of any Calendar Weeks whether before the date of
commencement of the relevant Assignment or during the relevant Assignment in

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which the Temporary Worker has worked in the same or a similar role with the Client
via any third party;
(b) provide the Employment Business with all the details of such work, including (without
limitation) details of when, where and the period(s) during which such work was
undertaken, the role performed and any other details requested by the Employment
Business; and
(c) inform the Employment Business if before the date of the commencement of the
relevant Assignment the Temporary Worker has:
(i) completed two or more assignments with the Client;
(ii) completed at least one assignment with the Client and one or more
assignments with a member of the Client's Group; or
(iii) worked in more than two roles during an assignment with the Client and on at
least two occasions has worked in a role that was not the same role as the
previous role.

5.3 If the Temporary Worker is unable for any reason to attend work during the course of an
Assignment, they should first inform the Employment Business as soon as possible but at least
one hour before their normal start time to enable alternative arrangements to be made.

5.4 If, either before or during the course of an Assignment, the Temporary Worker becomes aware
of any reason why they may not be suitable for an Assignment, they shall notify the
Employment Business without delay.

6. Remuneration

6.1 Subject to the Temporary Worker submitting properly authorised time sheets in accordance
with clause 8, the Employment Business shall pay the Rate of Pay to the Temporary Worker until
the Temporary Worker completes the Qualifying Period. The Rate of Pay will be set out in the
relevant Assignment Form for a particular Assignment. The Rate of Pay meets the national
minimum wage requirements.

6.2 Subject to the Temporary Worker submitting properly authorised time sheets in accordance
with clause 8, if the Temporary Worker has completed the Qualifying Period on the start date of
the relevant Assignment or following completion of the Qualifying Period during the relevant
Assignment, the Employment Business shall pay to the Temporary Worker:
(a) the Qualifying Period Rate of Pay; and
(b) the Other Qualifying Period Payments,

which will be set out in the relevant Assignment Form. The Qualifying Period Rate of Pay meets
the national minimum wage requirements.

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6.3 Subject to any applicable statutory entitlement and to clause 9 and clause 10, the Temporary
Worker is not entitled to receive payment from the Employment Business or the Client for time
not spent working on the Assignment, whether in respect of holidays, illness or absence for any
other reason, unless otherwise agreed.

7. Benefits

The Temporary Worker is not entitled to any benefits.

8. Time sheets

8.1 The Temporary Worker has no normal hours of work and will be required to work the hours and
days as required by the Client during the Assignment. The Temporary Worker's hours and days
of work will vary according to the needs of the Client but since the Client operates on a 24-hour
basis, the Temporary Worker will be notified of the hours and days they will be required to work
in advance and the Employment Business will confirm this information in their individual
Assignment Sheet).

8.2 At the end of each week of an Assignment (or at the end of an Assignment if it is for a period of
one week or less or is completed before the end of a week) the Temporary Worker shall deliver
to the Employment Business a completed time sheet indicating the number of hours worked
during the preceding week (or such lesser period) and signed , if instructed on each assignment,
by an authorised representative of the Client.

8.3 Subject to clause 8.4, the Employment Business shall pay the Temporary Worker for all hours
worked on a weekly basis regardless of whether the Employment Business has received
payment from the Client for those hours.

8.4 Where the Temporary Worker fails to submit a properly authorised time sheet, any payment
due to the Temporary Worker may be delayed while the Employment Business investigates (in a
timely fashion) what hours, if any, were worked by the Temporary Worker. The Employment
Business shall make no payment to the Temporary Worker for hours not worked.

8.5 The Temporary Worker acknowledges and accepts that it could be a criminal offence under the
Fraud Act 2006 to falsify any time sheet, for example by claiming payment for hours that were
not actually worked.

9. Holidays

9.1 Subject to clause 9.2, the Temporary Worker is entitled to the equivalent of 5.6 weeks' paid
holiday during each holiday year (including all bank holiday entitlements). The Employment
Business' holiday year runs between January and December If an Assignment starts or finishes
part way through the holiday year, the Temporary Worker's holiday entitlement during that year

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shall be calculated on a pro-rata basis. Holiday pay will be calculated in line with the relevant
legislation.

9.2 On completion of the Qualifying Period, the Temporary Worker may be entitled to annual leave
in addition to the Temporary Worker's entitlement under clause 9.1. In those circumstances, the
Employment Business will inform the Temporary Worker in the relevant Assignment Form of
any such entitlement and the date from which such entitlement will commence.

9.3 All entitlement to annual leave must be taken during the course of the holiday year in which it
accrues. No untaken holiday can be carried forward to the next holiday year unless the
Temporary Worker has been prevented from taking it in the relevant holiday year by a period of
sickness absence, in which case carry-over is limited to four weeks' holiday per year less any
leave taken during the holiday year that has just ended. Any such carried over holiday which is
not taken within eighteen months of the end of the relevant holiday year will be lost.

9.4 The Temporary Worker should give at least double the time if their requested holiday e.g. 1
weeks’ holiday would require 2 weeks’ notice and these must be agreed by their line manager in
writing in advance. No more than 10 days' holiday may be taken at any one time unless prior
consent is obtained from Siamo Recruitment and the line manager. The Employment Business
may require the Temporary Worker to take holiday on specific days, as notified to the
Temporary Worker.

9.5 Subject to clause 9.2, in the course of any Assignment during the first holiday year, the
Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary
Worker's total holiday entitlement in each month of the holiday year.

9.6 Where a bank holiday or other public holiday falls during an Assignment and the Temporary
Worker ordinarily would work on that day, then subject to the Temporary Worker having
accrued entitlement for payment for leave, that day shall count as part of the Temporary
Worker's paid annual leave entitlement.

9.7 If the Temporary Worker has taken more holiday than their accrued entitlement at the end of
the Assignment, the Employment Business shall be entitled to deduct the appropriate amount
from any payments due to the Temporary Worker. The amount of such deduction shall be one
hour's pay for each hour of holiday taken in excess of the accrued entitlement.

10. Sickness absence

10.1 If the Temporary Worker is absent from work for any reason, they must notify their line
manager of the reason for their absence as soon as possible.

10.2 If the Temporary Worker satisfies the qualifying conditions laid down by law, they may be
entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of

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sickness or injury during the Assignment. The Temporary Worker will not be entitled to any
other payments during such period.

10.3 In all cases of absence, a self-certification form, which is available from their line manager, must
be completed on the Temporary Worker's return to work and supplied to the business manager.
For any period of incapacity due to sickness or injury which lasts for seven consecutive days or
more, a doctor's certificate (a "statement of fitness for work") stating the reason for absence
must be obtained at the Temporary Worker's own cost and supplied to their line manager.
Further certificates must be obtained if the absence continues for longer than the period of the
original certificate. If the Temporary Worker is certified as "fit for work" the Employment
Business, the Temporary Worker and the Client will discuss any additional measures that may be
needed to facilitate the Temporary Worker's return to work. If appropriate measures cannot be
taken, the Temporary Worker will remain on sick leave and the Employment Business will set a
date to review the situation.

11. Other paid leave

During the Assignment the Temporary Worker is not entitled to any other paid leave.

12. Training

No training will be provided by the Employment Business to the Temporary Worker.

13. Termination

13.1 The Employment Business, the Client or the Temporary Worker may terminate the Assignment
at any time without prior notice or liability.

13.2 The Temporary Worker acknowledges that the continuation of an Assignment is subject to and
dependent on the continuation of the agreement entered into between the Employment
Business and the Client. If that agreement is terminated for any reason, the Assignment shall
cease with immediate effect without liability to the Temporary Worker, except for payment for
work done up to the date of termination of the Assignment.

13.3 Unless exceptional circumstances apply, the Temporary Worker's failure to inform the Client or
the Employment Business of their inability to attend work as required by clause 5.3 will be
treated as termination of the Assignment by the Temporary Worker.

13.4 If the Temporary Worker is absent during the course of an Assignment and the Assignment has
not otherwise been terminated, the Employment Business will be entitled to terminate the
Assignment in accordance with clause 13.1 if the work to which the Temporary Worker was
assigned is no longer available.

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14. Intellectual property rights

The Temporary Worker acknowledges that all Intellectual Property Rights deriving from services
carried out by the Temporary Worker for the Client during the Assignment shall belong to the
Client. Accordingly, the Temporary Worker shall execute all such documents and do all such acts
as the Employment Business OR Client shall from time to time require in order to give effect to
the Client's rights pursuant to this clause.

15. Confidentiality

15.1 In order to protect the confidentiality and trade secrets of the Employment Business and the
Client, the Temporary Worker agrees subject to clause Error! Reference source not found. and
clause Error! Reference source not found., not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Client or
the Employment Business as a necessary part of the performance of their duties), to
disclose to any person or to make use of any of the trade secrets or the Confidential
Information of the Client or the Employment Business; or
(b) to make any copy, abstract or summary of the whole or any part of any document or
other material belonging to the Client or the Employment Business except when
required to do so in the course of the Temporary Worker's duties under an
Assignment, in which circumstances such copy abstract or summary would belong to
the Client or the Employment Business, as appropriate.

15.2 The restriction in clause 15.1 does not apply to:

(a) any use or disclosure authorised by the Client or the Employment Business or as
required by law a court of competent jurisdiction or any governmental or regulatory
authority;
(b) any information which is already in, or comes into, the public domain otherwise than
through the Temporary Worker's unauthorised disclosure; or
(c) the making of a protected disclosure within the meaning of section 43A of the
Employment Rights Act 1996.

15.3 At the end of each Assignment or on request the Temporary Worker agrees to deliver up to the
Client or the Employment Business (as directed) all documents (including copies), ID cards,
swipe cards, equipment, passwords, pass codes and other materials belonging to the Client
which are in its possession, including any data produced, maintained or stored on the Client's
computer systems or other electronic equipment.

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16. Data protection

16.1 The Employment Business and the Client and any other intermediary involved in supplying the
services of the Temporary Worker to the Client will collect and process information relating to
the Temporary Worker in accordance with the privacy notice which is available from their line
manager on the intranet OR attached to this agreement. The Temporary Worker is required to
sign and date the privacy notice, and return to their line manager.

16.2 The Temporary Worker shall comply with the data protection policy of both the Employment
Business and the Client when handling personal data including personal data relating to any
employee, worker, contractor, customer, client, supplier or agent of the Employment Business
or Client. The Temporary Worker will also comply with the IT and communications systems
policy, and any other policy of both the Employment Business and the Client.

16.3 The Employment Business may terminate this agreement immediately by giving notice in
writing to the Temporary Worker if it reasonably considers that the Temporary Worker has
failed to comply with the privacy standard OR data protection policy of the Employment
Business or the Client or any of the policies listed in this clause.

17. Disciplinary and grievance procedures

17.1 The Temporary Worker's attention is drawn to the disciplinary rules and procedure, and
grievance procedure, applicable to their engagement, copies of which are available from their
line manager. These rules and procedures do not form part of this agreement.

17.2 If the Temporary Worker wishes to appeal against a disciplinary decision, they may apply in
writing to their line manager in accordance with the Employment Business's disciplinary
procedure.

17.3 If the Temporary Worker wishes to raise a grievance they may apply in writing to their line
manager in accordance with the Employment Business' grievance procedure.

18. Warranties and indemnities

18.1 The Temporary Worker warrants that:

(a) the information supplied to the Employment Business in any application documents is
correct;
(b) the Temporary Worker has the experience, training, qualifications and any
authorisation which the Client considers are necessary or which are required by law or
by any professional body for the Temporary Worker to possess in order to perform the
Assignment;

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(c) the Temporary Worker is not prevented by any other agreement, arrangement,
restriction (including, without limitation, a restriction in favour of any employment
agency, employment business or client) or any other reason, from fulfilling the
Temporary Worker's obligations under this agreement; and
(d) the Temporary Worker has valid and subsisting leave to enter and remain in the United
Kingdom for the duration of this agreement and is not (in relation to such leave)
subject to any conditions which may preclude or have an adverse effect on the
Assignment.

18.2 The Temporary Worker shall indemnify and keep indemnified the Employment Business and the
Client against all Demands (including legal and other professional fees and expenses) which the
Employment Business or the Client may suffer, sustain, incur, pay or be put to arising from or in
connection with:
(a) any failure by the Temporary Worker to comply with its obligations under this
agreement;
(b) any negligent or fraudulent act or omission by the Temporary Worker;
(c) the disclosure by the Temporary Worker of any Confidential Information;
(d) any employment-related claim brought by the Temporary Worker in connection with
the Assignment.

19. No partnership or agency

19.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or
joint venture between any of the parties, constitute any party the agent of another party, or
authorise any party to make or enter into any commitments for or on behalf of any other party.

19.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

20. Collective agreements

20.1 There is no collective agreement which directly affects the Temporary Worker's engagement as
a worker.

21. Entire agreement

21.1 This agreement constitutes the entire agreement between the parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating to its subject matter.

21.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have
no remedies in respect of, any statement, representation, assurance or warranty (whether
made innocently or negligently) that is not set out in this agreement.

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21.3 No variation of this agreement shall be effective unless it is in writing and signed by each of the
parties (or their authorised representatives). A written copy of the varied terms, including the
date from which they take effect, shall be given to the Temporary Worker no later than the fifth
Business Day following the day on which the variation was agreed.

21.4 Nothing in this clause shall limit or exclude any liability for fraud.

21.5 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or
negligent misstatement based on any statement in this agreement.

22. Third Party rights

No one other than a party to this agreement, their successors and permitted assignees, shall
have any right to enforce any of its terms.

23. Notices

23.1 A notice given to a party under or in connection with this agreement shall be in writing and shall
be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery
service at the address given in this agreement or as otherwise notified in writing to the
other party
(b) sent by fax to its main fax number.

23.2 Unless proved otherwise, any such notice shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the address given in this
agreement or given to the addressee.
(b) if sent by pre-paid first-class post or next working day delivery service, at 1.00pm on
the second day after posting or at the time recorded by the delivery service.

23.3 If deemed receipt under clause 23.2 would occur outside business hours in the place of receipt,
it shall be deferred until business hours resume. In this clause 23.3, business hours means 9.00
am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.

23.4 A notice required to be given under this agreement shall not be validly given if sent by email.

23.5 This clause does not apply to the service of any proceedings or other documents in any legal
action or, where applicable, any arbitration or other method of dispute resolution.

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24. Severance

24.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or

unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or part-
provision shall be deemed deleted. Any modification to or deletion of a provision or part-
provision under this clause shall not affect the validity and enforceability of the rest of this
agreement.

24.2 If one party gives notice to the other of the possibility that any provision or part-provision of this
agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend
such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent
possible, achieves the intended commercial result of the original provision.

25. Governing law

This agreement and any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with it or its subject matter or formation shall be governed by and
construed in accordance with the law of England and Wales.

26. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with this agreement or its subject matter or formation.
This agreement has been entered into on the date stated at the beginning of it.

signed by [NAME OF EMPLOYEE] ....................

for and on behalf of Siamo
Recruitment

Signed by [NAME OF ....................

TEMPORARY WORKER]

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