D&A Recruitment Limited provide work seeking services to registered candidates. Where work is found we provide arrangements for candidates to provide services to our clients: either via a direct employment with our client or via an intermediary company (who may be our partner payroll company or a personal service company of the candidate). If we find suitable work which you wish to undertake, a separate agreement will be entered into at that time in accordance with one aforementioned forms of engagement.
However, to enable D&A Recruitment Limited to offer and locate work on your behalf, we are required to provide you with certain information as to the
format and terms of the potential engagement. In recognition of this and to give us authority to provide the services, you will need to sign this Pack as
directed below. We shall only seek work on your behalf on the basis set out in this agreement.
If you have requested D&A Recruitment to find permanent or contract roles, we will provide these services on the following basis:
Thank you for selecting D&A Recruitment Ltd and should you have any queries, or require any further information on the services we provide please
D&A Recruitment also provides work-seeking services for temporary workers engaging via an intermediary company, being either our partner payroll
company (as detailed below) (the Partner Intermediary) or a personal services company. If we are to provide you with these services we will act as an
employment business as defined under the Employment Agencies Act 1973 and you will be engaged on a contract for services
If you have not previously worked as a Limited Company Contractor and are not employed in a personal services company and/or would like to be engaged
through our Partner Intermediary then you will need to agree to be employed under their standard terms, as attached at Appendix B for your reference..
Please note that this means you will be employed by the below Partner Intermediary and not us.
If you have previously worked as a Limited Company Contractor and would like to be engaged through an intermediary which is a personal service
company, then this Company will need to agree to be engaged on D&A Recruitment’s standard terms. This engagement can be to supply employees within
or opted out of the Conduct Regulations 2003.
Please note that we will contract directly with the personal service company and you will continue to be employed by that company on your existing terms.
Please will you also complete the Limited Company Checklist in Appendix E.
Please select ONE of the following options. In certain circumstances, your occupation and/or
contract may preclude you from opting out.
I the undersigned Contractor and Employee of
hereby give notice
pursuant to regulation 32(9) of the above regulations that I do not wish the regulations to apply to
any engagements through ipayuk Ltd, so far as may be possible (issue of this
notice does not come into force if my profession does not allow me to opt out).
I the undersigned Contractor and Employee of ipayuk Ltd hereby give notice
pursuant to regulation 32(9) of the above regulations that we do not wish to opt of the regulations.
(forename and surname) certify that to the best of my knowledge the information that I have provided is comprehensive and precise, also that the documentation that I have provided are true. I understand that any misrepresentation of facts or documents herein is grounds for immediate dismissal on the grounds of gross misconduct. I fully understand that D&A Recruitment will carry out every quarter, a Limited Company compliance check to confirm that the details I have provided are still accurate. Further my details will be checked on company house files to confirm authenticity. As will VAT registrations be thoroughly checked.
1. Whilst your personal details are registered on our database, it is agreed that:
2. In consideration of registration of your personal details on our database, you agree:
3. It is further agreed that:
Please note that we will always process your information in accordance with our Fair Processing Notice provided at Appendix D.
You and the Company accept and agree the terms of this Work seeker’s agreement by signing below.
Required Partner Intermediary Information
Please note the following information which will apply to your engagement
through an intermediary company.
D&A Recruitment undertakes to pay your remuneration when due in
relation to this engagement, even if we have not received payment from the
The length of notice of termination which you will be required to give the
D&A Recruitment, and which you will be entitled to receive from the us,
in order to terminate an assignment will be will be 1 day (excluding
weekends and public holidays).
The rate of remuneration you will receive/rate of remuneration we reasonable expect to obtain for you, will be the National Minimum Wage and will be paid on a weekly basis.
You will be paid holiday pay on account of your entitlement to be paid
leave under the WTR and the 12.07% of each payment we make to you for time
that you have worked is in respect of holiday pay (subject to you earning a
minimum hourly rate of £8.50).
Appendix C Terms of engagement with payroll company
THIS AGREEMENT IS MADE ON 08/04/2019 BETWEEN
ipayuk Ltd Unit D, South Cambridge Business Park, Babraham Road, Sawston, Cambridge, CB22 3JH
In consideration of the mutual benefits it is hereby agreed that we will employ you on the terms set out in the Terms and Conditions on the following pages, which, by signing the ipayuk Ltd registration form, you accept which you confirm you have read and fully understood.
ipayuk Ltd will take as your acceptance the terms of this contract if you fail to return a signed copy of this contract within 7 calendar days.
PLEASE READ THIS DOCUMENT IN THE FOLLOWING PAGES CAREFULLY. IT SETS OUT THE ARRANGEMENTS UPON WHICH YOU AGREE TO WORK FOR US. IT IS IMPORTANT THAT YOU UNDERSTAND THIS AGREEMENT BEFORE ACCEPTING IT. THE DOCUMENT INCLUDES YOUR AGREEMENT TO OPT OUT OF THE CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS 2003 – see clause 10.
TERMS AND CONDITIONS
The following definitions shall apply:
Acceptance – Confirmation from us to you, either orally or in writing, of our acceptance of an Offer.
IMPORTANT NOTE: The terms of an Assignment will be binding upon you from the time we notify you of our Acceptance
Assignment – The arrangement under which work is available for you at the Pay Rate, the temporary location, and nature and/or duration of availability, of such work being as referred to in a relevant Contract, the arrangement being subject to the terms of this agreement
Client – A third party, comprising either an employment business or other business, and who is the party with whom we contract as stated in a Contract
Commencement Date – The date for commencement of the first Contract entered into by us under the arrangements set out in clause 7 after the date of this agreement
Contract – The agreement between us and a Client for the provision of the Services
Contract Site – The site to which we have been asked by the Client for you to report or provide your services, being the temporary workplace specified in an Assignment, or such other site as may be agreed from time to time
Employment Date – The date your employment first commenced with us under any previous employment agreement between you and us that has not ended prior to the date hereof
End User – Any third party, not being the client, for whom or at whose premises the Services are performed
Expenses – Reasonable travel and other expenses incurred in the performance of your duties under this agreement and evidenced by original receipts, provided such expenses are necessarily incurred in the performance of your duties or to attend to perform your duties and qualify for tax purposes as deductible in accordance with Chapter 2 of the Income Tax (Earnings and Pensions) Act 2003, as amended
Holiday Pay – An advance on account payment of sums due to you for annual leave in accordance with the Working Time Regulations 1998 as amended (“WTR”)
Offer – Confirmation from you either in writing or orally that the terms of a proposed Contract are acceptable and may be incorporated within an Assignment subject to the remaining terms of this agreement, and amounting to your offer to work for us on the terms of such an Assignment
Pay Rate – A sum per hour or other equivalent to the minimum rate allowed by the Minimum Wages Act 1998
Payment Terms – Subject to your compliance all payments will be made in line with the terms of your agreed assignment with the Client or End User.
Request – An oral or written request by you for us to enter into a proposed Contract
Services – The services specified in an Assignment for the Client
Work Time – The proposed hours during which you are requested to provide your services as indicated in an Assignment or any other time when you are providing work to us.
CONTRACT OF EMPLOYMENT
WHAT WE ASK OF YOU
WHEN PERFORMING WORK DURING WORK TIME
CONDITIONS RELATING TO CONFLICTS
EAA REGULATIONS OPT OUT
WARRANTIES BY YOU
WHAT YOU MUST NOT DO – GENERAL
SPECIFIC ACKNOWLEDGEMENTS, ABSENCE AND HOLIDAYS
Any expenses claimed must be wholly and exclusively in the performance of the duties of employment.
Should any expense you submit not be wholly and exclusively in performance of your duties they may be rejected.
A fixed administration fee will be applied to the processing of your assignment. We reserve the right to alter this at the appropriate notice period.
TERMINATION OF ASSIGNMENTS AND YOUR EMPLOYMENT
PLEASE NOTE: you should not provide any services to the Client once as Assignment has ended, and we shall not pay you for any services provided after that time
(b) The contractor shall not (except in the proper course of his or her duties) during or after the period of his or her contract divulge to any person whatever or otherwise make use of (and shall use his or her best endeavours to prevent the publication or disclosure of) any trade secret or secret manufacturing process or any confidential information concerning this business or finances of the Client or any of its dealings, transactions or affairs or any trade secret or any such confidential information concerning any of its suppliers, agents, distributors or customers.
(c) All notes and memoranda of any trade secrets or confidential information concerning the business of the Client or any of its suppliers agents, distributors or customers which shall be acquired, received or made by the contractor during the course of his or her employment shall be the property of the Client and shall be surrendered by the contractor to someone duly authorized in that behalf at the termination of his or her contract or at the request of Client at any time during the course of his or her contract.
WORKING TIME REGULATIONS
OPT OUT 48 HOUR WORKING WEEK AGREEMENT
UNDER REGULATION 5 WORKING TIME REGULATIONS 1988
Note: You are under no obligation to agree to the provisions set out in the schedule. If you indicate in the signature box that you agree to opt out in accordance with this schedule, this schedule will then apply. Otherwise the limit set in the WTR shall apply
WHAT IS THE PURPOSE OF THIS DOCUMENT?
D&A Recruitment Limited is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all employees, workers and contractors.
D&A Recruitment Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice does not form part of any contract of employment or other contract to provide services.
DATA PROTECTION PRINCIPLES
This says that the personal information we hold about you must be: 1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes. 4. Accurate and kept up to date.5. Kept only as long as necessary for the purposes we have told you about.6. Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.
We will collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
Marital status and dependants.
Next of kin and emergency contact information.
National Insurance number.
Bank account details, payroll records and tax status information.
Salary, annual leave, pension and benefits information.
Start date and, if different, the date of your continuous employment.
Leaving date and your reason for leaving.
Location of employment or workplace.
Copy of driving licence.
Recruitment information (including copies of right to work documentation, references and
other information included in a CV or cover letter or as part of the application process).
Employment records (including job titles, work history, working hours, holidays, training
records and professional memberships).
Disciplinary and grievance information.
CCTV footage and other information obtained through electronic means.
Information about your use of our information and communications systems.
Results of HMRC employment status check, details of your interest in and connection with
the intermediary through which your services are supplied.
We may also collect, store and use the following more sensitive types of personal information
Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
Information about your health, including any medical condition, health and sickness records, including:
details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
Information about criminal convictions and offences. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
HOW WE WILL USE INFORMATION ABOUT YOU
Most commonly, we will use your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else's interests). 2. Where it is needed in the public interest or for official purposes.
Situations in which we will use your personal information
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
Making a decision about your recruitment or appointment.
Determining the terms on which you work for us.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee or deemed employee for tax purposes, deducting
tax and National Insurance contributions (NICs).
Providing benefits to you.
Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
Liaising with the trustees or managers of a pension arrangement operated by your pension provider and any other provider of employee benefits.
Administering the contract we have entered into with you.
Business management and planning, including accounting and auditing.
Conducting performance reviews, managing performance and determining performance
Making decisions about salary reviews and compensation.
Assessing qualifications for a particular job or task, including decisions about promotions.
Gathering evidence for possible grievance or disciplinary hearings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, or other employees, workers and contractors,
including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.To monitor your use of our information and communication systems to ensure compliance with our IT policies.To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.Equal opportunities monitoring.
Some ofjustify our use of your personal information.
the above grounds for processing will overlap and there may be several grounds which
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW WE USE PARTICULARLY SENSITIVE INFORMATION
"Special categories" of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
Situations in which we will use your sensitive personal information
We will use particularly sensitive personal information in the following ways:
We will use information relating to leaves of absence, which may include sickness absence or family related leave, to comply with employment and other laws.
We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will write to you so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our Data Protection Policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We do not envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We may have to share your data with third parties, including third-party service providers and hirers.
We expect third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
"Third parties" includes third-party service providers (including contractors, human resources advisers, payroll providers, pension providers and other designated agents).
How secure is my information with third-party service providers?
We expect all our third-party service providers to take appropriate security measures to protect your personal information. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.
We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to stock exchange regulators (including a Regulatory News Service) and disclosures to shareholders such as directors' remuneration reporting requirements.
We limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations, in any event this will usually be for 6 years afterwards.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Director in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact director Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
COMPLIANCE WITH DATA PROTECTION
A member of senior management will oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact Daniel Davis , You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact Director
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