Cymru Temps, Shaw Trust, G17, D’Arcy Business Park, Llandarcy, Neath, SA10 6EJ.
hereinafter referred to as the “Agency”.
AND:
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hereinafter referred to as the “Worker”.
1. ENGAGEMENT AND STATUS
1.1 The Agency acts as an employment business. The Agency may, from time to time, offer the Worker temporary assignments (“Assignments”) to provide health and social care services to the Agency’s clients (the “Client”).
1.2 The Worker acknowledges that this Agreement creates a contract for services and not a contract of employment.
1.3 Nothing in this Agreement shall render the Worker an employee, worker, or partner of the Agency or the Client.
2. NATURE OF THE SERVICES
2.1 The Worker shall provide temporary care and support services as requested by the Client and detailed in the Assignment confirmation.
2.2 The Worker must comply with the National Minimum Standards and regulations for care services in Wales. Furthermore, the Worker must ensure continuous adherence to the Regulation and Inspection of Social Care (Wales) Act (RISCA) 2016 and any relevant codes of practice.
3. WORKER OBLIGATIONS AND QUALIFICATIONS
3.1 The Worker warrants that they:
- Hold all necessary qualifications, skills, and experience required for the Assignment.
- Are legally permitted to work in the United Kingdom.
- Hold a satisfactory and current Disclosure and Barring Service (DBS) check (and are registered with the Update Service, if required).
- Are registered with Social Care Wales or Social Care England (or NMC for nurses) if required by Welsh law for their specific role.
4. ASSIGNMENTS
4.1 The Agency is under no obligation to offer Assignments, nor is the Worker under any obligation to accept any Assignment offered.
4.2 When an Assignment is accepted, the Worker will be provided with a booking confirmation specifying:
- The identity and location of the Client.
- The nature of the Assignment.
- The agreed hours of work and rates of pay.
- Any health and safety information relevant to the location.
5. FEES AND PAYMENT
5.1 The Agency will pay the Worker an agreed hourly rate of (£) per hour
5.2 The Worker shall be paid subject to submitting a timesheet signed by an authorised representative of the Client.
5.3 The Agency will make all necessary deductions for Income Tax and National Insurance contributions via PAYE.
5.4 The Worker is entitled to statutory annual leave, which will be accrued based on the hours worked and paid in accordance with the Working Time Regulations.
6. DATA PROTECTION
6.1 The Worker agrees to comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
6.2 The Worker must maintain strict confidentiality regarding all service users, Clients, and the Agency’s business affairs. Information must not be disclosed to any third party.
7. TERMINATION
7.1 Either party may terminate this Agreement by providing 14 days’ written notice to the other party.
7.2 The Agency may terminate this Agreement with immediate effect, without notice, if the Worker commits a serious breach of these terms, acts in a way that endangers the health and safety of service users, or loses their registration with Social Care Wales.
8. GOVERNING LAW AND JURISDICTION
8.1 This Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with the laws of England and Wales.
8.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
