Additional Payment means any payment in addition to the Qualifying Pay Rate;

Agency Worker means the person named on the attached Assignment Schedule;

Agreed Deduction means a deduction in respect of (i) any prior overpayment made to the Agency Worker (ii) the replacement or repair cost of any Fusion or Client property which is lost, damaged or not returned by the Agency Worker in accordance with this Contract (iii) any parking fines, fixed penalty notices or similar costs which are paid on behalf of or in respect of the Agency Worker by Fusion or the Client and (iv) any other deduction which the Agency Worker agrees may be made by Fusion from time to time; means the temporary role which the Agency Worker carries out for a Client;

Assignment Schedule means the document issued by Fusion confirming the details of the Assignment;

AWR means the Agency Workers Regulations 2010; means the person, firm or corporate body (together with any subsidiary or associated person, firm or corporate body) to which the Agency Worker is supplied or introduced;

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

Confidential Information means all commercial, financial, marketing, operational, technical or other information, knowhow, trade secrets or data of whatever nature relating to the Client and the Client’s business or affairs, in any form or medium whatsoever;

Contract means this document, together with the Assignment Schedule;

Data Protection Laws means the Data Protection Act 2018, the General Data Protection Regulation and any other relevant legislation relating to the retention, use and transfer of personal data;means the engagement, employment or use of the Agency Worker by (i) the Client or (ii) any third party to whom the Agency Worker has been introduced by the Client on any basis whatsoever and whether directly or indirectly; “Engage”, “Engages” and “Engaged” shall be interpreted accordingly; means Fusion People Limited (Registered in England & Wales No. 04873626) of 3700 Parkway, Solent Business Park, Whiteley, Hampshire, PO15 7AW;

Initial Pay Rate means the pay rate which will be paid for each hour or day worked during an Assignment prior to completion of the Qualifying Period, subject to Statutory Deductions and Agreed Deductions;

Intellectual Property means all copyright, trade marks, patents, design rights and other intellectual property rights arising anywhere in the world, whether registrable or not, together with any registration rights in respect of the same;

Leave Year means the financial year beginning on 6 April;

Period of Extended Hire means an additional period for which the Client may elect to extend the Assignment as an alternative to paying a Transfer Fee;

Qualifying Pay Rate means the pay rate which will be paid to the Agency Worker upon completion of the Qualifying Period, subject to Statutory Deductions and any Agreed Deductions;

Qualifying Period means 12 continuous calendar weeks during the whole or part of which the Agency Worker is supplied by one or more temporary work agencies to the Client to work in the same role;

Relevant Jurisdiction means the county in which the Assignment is carried out;

Relevant Period means (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Client having been supplied by Fusion; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Client having been supplied by Fusion or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;

Statutory Deduction means any deductions which Fusion may be required by law to make including, without limitation, deductions for PAYE income tax and National Insurance;

Transfer Fee means the fee payable by the Client to Fusion upon the Client Engaging the Agency Worker; and

WTR means the Working Time Regulations 1998.

1. the Agency Worker is legally entitled to work in the Relevant Jurisdiction;
2. the information provided by the Agency Worker in any registration document and CV is accurate, complete and not misleading;
3. the Agency Worker has disclosed to Fusion any unspent criminal convictions and, if the Assignment falls within the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, any spent convictions (subject to the filtering rules);
4. the Agency Worker has accurately disclosed any security clearances which the Agency Worker holds;
5. the Agency Worker shall notify Fusion if the Agency Worker has worked for the Client through any other employment business in the six month period prior to commencement of an Assignment; and
6. the Agency Worker shall notify Fusion without delay if it would be detrimental to the interests of the Client or the Agency Worker for the Agency Worker to carry out an Assignment.

1. co-operate with the Client’s reasonable instructions and work under the direction, supervision and control of the Client or any third party specified by the Client;
2. comply with any rules, regulations, policies and procedures of the Client to the extent that they are applicable to an agency worker;
3. take all reasonable steps to safeguard the Agency Worker’s own health and safety and that of any other person who may be affected by the Agency Worker’s actions on the Assignment;
4. not engage in any conduct detrimental to the interests of Fusion or Client or any conduct may could bring Fusion or the Client into disrepute;
5. not harass, victimise or unlawfully discriminate against any employee, contractor or worker of Fusion or the Client; and
6. not divulge to any person, nor use for the Agency Worker’s benefit, any Confidential Information relating to the Client’s employees, business affairs, transactions or finances.

1. the Client has not given access to collective facilities and amenities to the Agency Worker;
2. the Client has not provided information about permanent job opportunities to the Agency Worker or information about where the Agency Worker may find such information; or
3. the Agency Worker is not receiving equal treatment pursuant to the AWR after the Qualifying Period.

1. the Qualifying Pay Rate; and
2. any Additional Payment

1. the Client cancels the Assignment prior to its commencement;
2. the Client notifies Fusion of any serious issue with the Agency Worker’s conduct, performance or attitude during the Assignment;
3. the Client reasonably considers the Agency Worker to be incapable of performing the Assignment to the required standard;
4. the Agency Worker commits a serious breach of any Client policy including, without limitation, the Client’s health and safety, site security, data protection or information technology policy;
5. the Agency Worker refuses or fails to perform the Assignment for any reason;
6. the agreement between the Client and Fusion is terminated for any reason; or
7. Fusion reasonably considers it to be detrimental to the interests of the Agency Worker or the Client for the Assignment to continue.

1. not at any time, whether during or after an Assignment (unless expressly authorised by the Client) to disclose to any person or to make use of any Confidential Information;
2. to deliver up to the Client at the end of each Assignment all documents and materials (in any format) belonging to the Client, containing the Client’s Confidential Information or otherwise relating to the Assignment;
3. not to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client except when required to do so in the course of the Assignment, in which event any such item shall belong to the Client; and
4. to enter into such confidentiality undertaking or agreement as the Client may require from time to time as a condition of the Agency Worker performing the Assignment.

1. not do or permit there to be done anything which might cause Fusion or the Client to breach the Data Protection Laws;
2. comply with all such instructions, policies and procedures which the Client shall specify in relation to the protection of data privacy;
3. use any personal data provided to or made available to the Agency Worker during the course of the Assignment strictly for the proper performance of that Assignment;
4. notify the Client without delay if the Agency Worker becomes aware of any breach of Data Protection Laws during the course of the Assignment; and
5. deliver up upon demand all personal data belonging to the Client which is in the Agency Worker’s possession and not retain any such personal data for any reason after termination of the Assignment.