Terms of Engagement

This contract for services (“Contract”) is made between Routes Healthcare (trading as Routes Healthcare) (and hereinafter called “the Company”) and the worker named in the Schedule to this Contract (hereinafter called the “Temporary Worker”).

This Contract sets out the terms that apply or will apply between Routes Healthcare and the Temporary Worker and is entered into before Routes Healthcare first provides any work-finding service to the Temporary Worker. In this Contract:

Assignment means the particular assignment under which the Temporary Worker provides services to a Client on behalf of Routes Healthcare, the details of which shall be provided to the Temporary Worker;

AWR means the Agency Workers Regulations 2010;

Client means the client of Routes Healthcare to whom the Temporary Worker is supplied;

Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

Confidential Information includes, but is not limited to, all information and materials belonging to, used by, or in the possession of the Temporary Worker and/or Routes Healthcare and/or a Client relating to a Client’s or Routes Healthcare’s products, processes, services, technology, inventions, patents, copyright, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective customers, marketing plans, and trade secrets of every kind and character, but shall not include (a) information that was already within the public domain at the time the information is acquired by the Temporary Worker, or (b) information that subsequently becomes public through no act or omission of the Temporary Worker;

Group Company means in relation to Routes Healthcare, any subsidiary or holding company, or any subsidiary of such a holding company (“holding company” and “subsidiary” having the meanings set out in section 1159 of the Companies Act 2006) or any subsidiary undertaking or parent undertaking or any subsidiary undertaking of such a parent undertaking (“parent undertaking”, “subsidiary undertaking” and “undertaking” having the meanings set out in sections 1161 and 1162 of the Companies Act 2006) and any reference to the Group shall be construed accordingly;

Intellectual Property means patents, trade marks and service marks, rights in designs, trade or business names, copyrights (including rights in computer software), database rights (whether or not any of these are registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world; and

WTR means the Working Time Regulations 1998.

This Contract commences on the ‘start date’ of an Assignment and terminates on the Friday of the same week unless otherwise agreed or at any earlier time should the Temporary Worker be unavailable for work for any reason or should there be no suitable work or as otherwise provided in this Contract.

1. Routes Healthcare shall operate as an employment business in relation to the Temporary Worker for the purposes of the Conduct Regulations.

2. The Temporary Worker will provide any services under this Contract as an independent contractor. For the avoidance of doubt, this Contract constitutes a contract for services and is not a contract of employment. The parties acknowledge and agree that the terms of this Contract shall not determine whether or not the Temporary Worker is within the scope of the AWR at any given time.

3. It is a fundamental condition of this Contract that the Temporary Worker understands and agrees that neither this Contract nor any term of this Contract nor any work or assignment carried out under or by virtue of it shall give rise to or is intended to give rise to any contract of employment or contract of service, whether express, implied or otherwise, between the Temporary Worker and Routes Healthcare or with any Client, whether in respect of any particular or general assignment and regardless of the duration of any assignment or assignments or otherwise.

4. Routes Healthcare may offer to the Temporary Worker opportunities to undertake the type of work in the type of work described on the attached Schedule according to his/her qualifications where there is a suitable assignment with a Client for the supply of such work although it shall be under no obligation to do so. The Temporary Worker shall be under no obligation to accept any assignment offered to him/her. 1 Intellectual Copyright of Routes Healthcare Routes Healthcare reserves the right to offer any assignment to such temporary workers it may elect, whether or not including the Temporary Worker. Routes Healthcare will issue to the Temporary Worker a timesheet (the Routes Healthcare Timesheet) at the start of each Assignment or the start of each week of any Assignment which shall specify his/her “Job Title” for that particular assignment.

5. Routes Healthcare shall pay the Temporary Worker fees calculated at an hourly rate corresponding to the “Job Title” referred to on the Routes Healthcare timesheet. The minimum hourly rate which Routes Healthcare reasonably expects to achieve for the Temporary Worker is specified in the attached Schedule but does not constitute a contractual commitment. Routes Healthcare shall pay the Temporary Worker holiday pay in accordance with the WTR. The Temporary Worker has no right to take any paid leave under the AWR which exceeds the entitlement under the WTR (Excess Leave) save where agreed in writing by Routes Healthcare. Payment in respect of accrued untaken Excess Leave (if any) will be made either by way of inclusion in the Temporary Worker’s hourly rate of pay or as a lump sum payable at the end of the assignment, as determined by Routes Healthcare in its discretion. Fees shall be paid weekly in arrears for hours worked according to an authorised Routes Healthcare timesheet properly submitted by the Temporary Worker and approved by Routes Healthcare, and shall be subjected to deductions in accordance with clause 6. The Temporary Worker acknowledges that the existence of any obligation upon Routes Healthcare to make such deductions does not indicate the existence of any relationship other than that of a contract for services. Routes Healthcare may not refuse to pay the Temporary Worker where Routes Healthcare has not been paid by the Client for the engagement. If the Temporary Worker fails to submit a properly authorised Routes Healthcare Timesheet, any payment due to the Temporary Worker may be delayed while Routes Healthcare ascertains the hours, if any, that were worked by the Temporary Worker. The Temporary Worker is not entitled to receive any payment from Routes Healthcare or a Client in respect of time not spent working on an Assignment. For the avoidance of doubt this does not affect any statutory entitlement of the Temporary Worker, if any, to receive payment for such periods.

6. Routes Healthcare shall be responsible for making all statutory deductions for income tax, national insurance, pension contributions and such other deductions as required by law and accounting for the same to HM Revenue and Customs or such other competent authority as may be appropriate from time to time. The Temporary Worker hereby authorises Routes Healthcare to make such statutory deductions, if any, from the Temporary Worker’s fees as it is required to make under the Pensions Act 2008 and related legislation.

7. The Temporary Worker is under no obligation to accept any offer of work but if he/she does so (and without prejudice to clauses 2 and 3 of this Contract) he/she undertakes to Routes Healthcare that he/she is qualified and competent to undertake that work. If the Temporary Worker accepts an assignment, the Temporary Worker agrees to fulfil the assignment for the expected period of the engagement. The worker will be issued with an Identity card and informed of the correct uniform and dress code prior to commencement of an assignment. It is a strict requirement that workers adhere to the policy and any failure to do so may result in the assignment being terminated without pay. Workers must ensure the DBS check and the mandatory training is renewed on an annual basis unless otherwise stated by the business in writing. It is a strict requirement that workers adhere to the policy and any failure to do so may result in the assignment being terminated without pay

8. There is no obligation on Routes Healthcare to provide, or on the Temporary Worker to serve, any set number of hours in any day or week save where otherwise agreed. In the event of Routes Healthcare making no offer of work or of the Temporary Worker declining to accept any offer of work for any period or otherwise forthwith upon notice served by Routes Healthcare, this Contract for the current week shall be terminated immediately.

9. The nature of temporary work is such that there may be periods between assignments when no work is available. No contractual relationship of any nature shall subsist between the parties during any such period. If the Temporary Worker is re-engaged by Routes Healthcare on the same or any different Assignment with the same or any different Client following the termination or expiration of this Contract, the Temporary Worker acknowledges and agrees that the Temporary Worker shall be re-engaged on the terms of this Contract save as otherwise expressly agreed with Routes Healthcare in writing.

10. For the purposes of the Data Protection Act 1998, the Temporary Worker consents to the disclosure of personal data (including name, address, contact telephone numbers and work history) to Clients together with any references provided by the Temporary Worker. The Temporary Worker further consents to Routes Healthcare and any Group Company and any Client holding and processing (both electronically and manually) personal data, including sensitive personal data, relating to the Temporary Worker for the purposes of business, personnel and pensions administration and management and for compliance with any laws and regulations applicable to Routes Healthcare or any Group Company. The Temporary Worker authorises Routes Healthcare to transfer, process and store such data outside the European Economic Area (as defined from time to time) for purposes connected with the performance of this Contract.

11. The Temporary Worker shall at all times when working on any Assignment comply with the following conditions without prejudice to clauses 2 and 3 above of this Contract:

    • not engage in any conduct detrimental to the interests of Routes Healthcare or the Client;

    • be present during the times, or for the total number of hours during each day and/or week, as agreed with Routes Healthcare, and unless the Temporary Worker gives prior written notice to Routes Healthcare to the contrary the Temporary Worker agrees to work more than a maximum 48 hours per week (calculated over 17 weeks) if so required and that the limit on working time in Regulation 4(1) of the WTR shall not apply to any Assignment; 2 Intellectual Copyright of Routes Healthcare

    • afford to the Client on behalf of Routes Healthcare faithful and diligent service of a standard such as they would expect from their own workforce;

    • take all reasonable steps to safeguard his/her own safety and the safety of any other person who may be affected by his/her actions whilst working on an Assignment;

    • comply with all legal obligations and any codes of conduct, ethics, rules, standards, procedures or obligations applicable to the Temporary Worker from time to time whether of Routes Healthcare, any governing body or superior authority or of the Client in force at the premises where services are performed and having regard in any event to the nature of the services provided by the Temporary Worker;

    • comply with all reasonable instructions and requests made either by Routes Healthcare or by the Client on its behalf within the scope of the agreed services and having regard to the nature of the services provided by the Temporary Worker;

    • notwithstanding and without prejudice to the status of the Temporary Worker as an independent contractor, be loyal at all times to the Client and use his/her best endeavours to integrate with the other workers of the Client. Professional conduct and appearance must always be maintained;

    • promptly provide to Routes Healthcare in writing any information that Routes Healthcare reasonably considers necessary or would reasonably consider necessary to assist it in complying with its obligations in respect of preventing illegal working, its obligations where the Assignment involves working with vulnerable persons, its obligations under the AWR including and in particular details of any previous assignments undertaken by the Temporary Worker with the Client (whether through Routes Healthcare or otherwise) during the last 12 months prior to the commencement of any assignment undertaken pursuant to this Contract;

    • notify Routes Healthcare without delay if at any time the Temporary Worker becomes aware of any reason why he or she may not be suitable for an Assignment; and

    • return to Routes Healthcare or the Client (as directed), at the end of each Assignment or on request, all documents (including copies), ID cards, equipment, passwords, pass codes, Confidential Information and other materials belonging to the Client which are in the Temporary Worker’s possession or control, including any data produced, maintained or stored on the Client’s computer systems or any other electronic or digital equipment.

    • If a Temporary Worker is unable to attend the training they must give at least 7 days notice to cancel. Failure to do so will result in a fine of £20.00. This levy increases to £30 if less than 48 hours notice is given, and £50 for non-attendance on the day of the course. All fines will be deducted direct from any payments due to the Temporary Worker.

    • The company reserves the right to levy an appropriate fee for the non return of Company property at the end of an assignment.

12. Routes Healthcare may terminate this Contract and/or instruct the Temporary Worker to end an Assignment at any time and without liability. Routes Healthcare may additionally terminate this Contract at any time if the Temporary Worker is negligent, is incompetent or fails to perform the Assignment satisfactorily or is at any time discovered to have given any false or misleading information to Routes Healthcare with regard to his/her qualifications, experience, suitability for any engagement or is guilty of any dishonesty, or fails to provide to Routes Healthcare any information which, if disclosed, would mean that the Temporary Worker was unable to provide services for the Assignment in question, or at all. The Temporary Worker acknowledges and accepts that it could be a criminal offence to submit a timesheet claiming payment in respect of time that was not actually worked by that Temporary Worker. Further, the Temporary Worker warrants that:

    • the information supplied to Routes Healthcare in any application documents and/or interview process is true and accurate;

    • the Temporary Worker is not prevented by any obligation owed to a third party, or by any other reason, from accepting any Assignment or fulfilling the Temporary worker’s obligations under this Contract;

    • the Temporary Worker is not prevented by United Kingdom immigration controls from accepting any Assignment.

13. Information relating to your pension entitlement, if any, will be provided either by Routes Healthcare or by Pension People on Routes Healthcare’s behalf.

14. Notwithstanding and without prejudice to the status of the Temporary Worker as set out in this Contract, if the Temporary Worker has any grievance connected with the engagement or any Assignment or the conduct of or relations with the Client or any officer, employee or agent of the Client, he/she should present the grievance to the manager of the branch of Routes Healthcare through which the Temporary Worker is normally offered work.

15. Both during this Contract and after its termination, and other than in the proper provision of the services required to fulfil this Contract, the Temporary Worker shall treat as confidential, and shall not use or disclose to any person, firm or company, any Confidential Information 3 Intellectual Copyright of Routes Healthcare belonging to Routes Healthcare (or its Group Companies) or its Clients, suppliers or customers, nor permit its use or disclosure. The Temporary Worker acknowledges that all Intellectual Property deriving from services carried out by the Temporary Worker for a Client during an Assignment shall belong to the Client. Accordingly the Temporary Worker shall execute all such documents and do all such acts as the Client shall from time to time require in order to give effect to the Client’s rights pursuant to this clause. The parties believe and intend that this Contract sets out (and should continue to set out) all of the terms of the relationship between them for the supply of services to a Client and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. These terms shall govern all Assignments undertaken by the Temporary Worker. In particular, the parties do not intend that this Contract or the relationship between them should be amended or supplemented by any implied term, custom, practice or otherwise arising at any time whatsoever. This Contract may not be supplemented, amended or varied in any manner except by agreement in writing.

16. This Contract is personal to the Temporary Worker who may not assign any rights arising under it to any person without the prior written consent of Routes Healthcare. The Temporary Worker may not subcontract his/her duties to any other person.

17. If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances of or the validity or enforcement of this Contract.

18. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Contract shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Contract. No right, power or remedy in this Contract conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

19. Only the parties to this Contract and any Group Company may enforce and take the benefit of this Contract in accordance with the Contracts (Rights of Third Parties) Act 1999, subject to the terms of this Contract. Pursuant to the Contracts (Rights of Third Parties) Act 1999, no other person may enforce the terms of this agreement against Routes Healthcare.

    • The formation, existence, construction, performance, validity and all aspects whatsoever of this Contract or of any term of this Contract will be governed by the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any disputes (including non-contractual disputes) which may arise out of or in connection with this Contract. The parties irrevocably agree to submit to that jurisdiction.