Terms of Engagement.

This document is issued by HG Health Ltd (company number 08483937) whose registered office is 3rd Floor Lambourne House, 7 Western Road, Romford, RM1 3LD, registered in England and Wales, trading as “HG Group” (“HG Group”, “we”, “us”, “our”).

HG Group provides its services as an employment business, as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regulations”).

1. Definitions and Interpretation

1.1) In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1.1) “Agreed Working Hours” means the working hours applicable to a particular Assignment;

1.1.2) “Assignment” means a project or period of work for which the Worker is supplied to a Client;

1.1.3) “Assignment Details” means the written confirmation HG Group provides at the time an Assignment is offered and/or accepted (for example by email, portal message, or other written format) setting out the information required by the Conduct Regulations and the specific terms applicable to that Assignment (including where applicable: hirer identity, location, role, hours, start date/time, duration, pay rate, expenses, and any known health and safety risks);

1.1.4) “Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).

1.1.5) “Client” (or “Hirer”) means the organisation to which the Worker is supplied and which supervises and directs the Worker during an Assignment;

1.1.6) “Intellectual Property” means all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;

1.1.7) “Moral Rights” means all rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988;

1.1.8) “Representation Offer” means a letter or communication sent to the Worker as defined in Clause 3;

1.1.9) “Services” means the temporary work finding and representation services provided by HG Group;

1.1.10) “Worker” means an individual seeking temporary work assignments who wishes to use the Services of HG Group;

1.1.11) “Term” means the term of the contract which shall be agreed between the Parties; and

1.1.12) “Timesheet” means a timesheet supplied or approved by HG Group for completion by the Worker and signing/authorisation by the Client (including electronic authorisation where applicable).

1.2) Pay Method Definitions:

1.2.1) “Pay Method” means the method by which the Worker is paid for Assignments, being either:

(a) PAYE via HG Group; or
(b) via an Umbrella Company.

1.2.2) “Umbrella Company” means a third-party payroll provider/employer engaged by the Worker where the Worker elects (or is required for a specific Assignment) to be paid via an umbrella arrangement.

1.2.3) “PSL” means HG Group’s preferred supplier list of approved umbrella companies (as updated from time to time).

1.2.4) “Key Information Document” or “KID” means the key information document provided by HG Group to the Worker setting out key pay-related information (including a pay illustration) for the Pay Method selected.

2. The Contract

2.1) Any and all business entered by HG Group and Workers is subject to these Terms and Conditions. In the event of any conflict with any other terms and conditions, these Terms and Conditions shall prevail unless otherwise agreed in writing by a Director of HG Group.

2.2) HG Group and the Worker shall be deemed to have entered a contract upon the Worker’s full and unconditional acceptance of the Representation Offer.

2.3) Nothing in these Terms and Conditions shall create a contract of employment between HG Group and the Worker or between the Worker and the Client.

2.4) The Worker acknowledges that, during Assignments, they will be under the supervision, direction and control of the Client.

2.5) The Worker acknowledges that the Agency Worker Handbook contains important guidance and operational requirements for work on assignment and agrees to comply with it and with the Client’s reasonable instructions and site policies during Assignments.

3. Assignments

3.1) HG Group will endeavour to obtain suitable assignments for the Worker to work in fields specified by the Worker on his/her application forms. There is no charge for work finding service although HG Group does from time to time, provide services for which a charge is made. Details of these are available on request and are outlined in the Handbook and/or KID (as applicable).

3.2) The Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Worker further agrees that suitability shall be determined solely by HG Group and that HG Group shall incur no liability to the Worker should it fail to offer opportunities to work.

3.3) At the same time as an Assignment is offered to the Worker, HG Group shall provide the Worker with Assignment Details including the following information:

3.3.1) The identity of the hirer, and if applicable the nature of their business.

3.3.2) The date the Assignment is to commence and the duration or likely duration of Assignment.

3.3.3) The type of work, location and hours during which the Worker would be required to work.

3.3.4) The hourly rate that will be paid (subject to deductions and the selected Pay Method) and any expenses payable by or to the Worker.

3.3.5) Any risks to health and safety known to the hirer in relation to the Assignment and the steps the hirer has taken to prevent or control such risks.

3.3.6) Any Client-specific requirements notified to HG Group, including where applicable requirements relating to onboarding/compliance, working practices and/or a requirement to use a particular Pay Method and/or a specific umbrella arrangement via the PSL for that Assignment.

3.4) For the purpose of calculating the average number of weekly hours worked by the Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Worker commences the first Assignment.

3.5) The Worker shall not be obliged to accept any Assignment offered by HG Group. However, once an Assignment is accepted, the Worker is expected to attend and complete the Assignment in accordance with the Assignment Details and the Client’s reasonable instructions.

3.6) The Worker may not under any circumstances introduce any other person to supply services in place of the Worker.

3.7) If during the course of an Assignment or within certain periods after the end of an Assignment or after an introduction where no Assignment took place the Client wishes to employ the Worker directly (or assist another body to employ the Worker directly), the Worker acknowledges that under certain circumstances HG Group will be entitled either to charge the Client an introduction fee or a period of extended hire.

3.8) If the 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, and if the Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations 2010 which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in writing once determined (as appropriate).

3.9) If the Worker considers that he/she has not or may not have received equal treatment under the Agency Workers Regulations 2010, the Worker may raise this in writing with HG Group, setting out as fully as possible the basis of their concerns. This should be emailed to info@hansongrey.com or can be reported via https://www.hansongrey.com/report-something (or such other address as HG Group may notify).

3.10) The Worker acknowledges that some Clients may require a particular Pay Method and/or require use of a specific umbrella arrangement from HG Group’s PSL for that Assignment. Where this applies, it will be stated in the Assignment Details. If the Worker is unable or unwilling to meet such requirement, HG Group may be unable to offer that Assignment.

4. The Services

4.1) HG Group shall provide the Services as an employment business in accordance with the Employment Agencies Act 1973 and the Conduct Regulations.

4.2) HG Group shall represent the Worker in all matters relating to the finding of Assignments and all negotiations and agreements relevant thereto.

5. Key Information Document, Payment and Timesheets

5.1) HG Group will provide the Worker with a Key Information Document (KID) relating to the relevant Pay Method selected. The Worker acknowledges that the KID provides key pay-related information and a pay illustration. The Worker agrees to read the KID carefully and raise any questions promptly.

5.2) If the Pay Method changes (for example PAYE to umbrella) and/or the umbrella arrangement changes, or if any other information required to be included in the KID changes, HG Group will provide a revised KID as required by Regulation 13A. Where the change occurs after the Worker has agreed the terms to which the KID relates, HG Group will provide the revised KID no later than the end of the fifth business day after the change.

5.3) Where the Worker is paid via an Umbrella Company, the Worker agrees to use an umbrella company from HG Group’s PSL, as updated from time to time, and to complete the umbrella company’s onboarding/contractual requirements. The PSL is available on request; please contact your consultant or HG Group to obtain the most up-to-date PSL information.

5.4) All wages due to the Worker and the payment intervals thereof shall be calculated prior to the commencement of an Assignment and/or confirmed within the Assignment Details. The Worker acknowledges that rates and locations vary by Assignment and Client and will be confirmed for each Assignment.

5.5) PAYE via HG Group: Where the Worker is paid PAYE via HG Group, wages shall be based upon an hourly rate and subject to deductions for PAYE income tax, National Insurance contributions and any further deductions required by law and/or authorised by the Worker.

5.6) Umbrella Company: Where the Worker is paid via an Umbrella Company, the Umbrella Company will pay the Worker in accordance with its contract and payroll processes, including applying statutory deductions and any umbrella charges/margins as disclosed to the Worker (including within the KID and/or the umbrella documentation).

5.7) Payment (whether via PAYE by HG Group or via an Umbrella Company) is dependent upon the presentation/approval of a completed and signed/authorised Timesheet in accordance with HG Group’s timesheet process.

5.8) In the event that details on a Timesheet are contested by the Client, the Worker may be required to assist in the resolution of any dispute. Failure to cooperate in such matters may result in a delay in payment.

5.9) Where the Worker is paid PAYE via HG Group, subject to clauses 5.7 and 5.13, HG Group shall not withhold, delay or in any way alter the Worker’s wages as a result of any non-receipt or alteration of payments by the Client to HG Group, subject always to the Worker having worked the relevant hours and submitted an accurate, properly authorised Timesheet.

5.10) Subject to any statutory entitlement under the relevant legislation, the Worker is not entitled to receive payment from HG Group, the Client, or (where applicable) the Umbrella Company for time not spent on Assignment for time not spent on Assignment, whether in respect of holidays, illness or absence for any reason, except as may be provided under the Pay Method and applicable law.

5.11) At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Worker shall deliver to HG Group a Timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client. Failure to submit a Timesheet for hours worked may delay payment for those hours. Failure to cooperate in HG Group’s timesheet process may constitute a breach of this contract for which damages might be claimed.

5.12) Subject to clauses 5.7 and 5.13, where the Worker is paid PAYE via HG Group, HG Group shall pay the Worker for all hours worked, regardless of whether HG Group has received payment from the hirer for those hours.

5.13) Where the Worker fails to submit a properly authenticated Timesheet, HG Group shall, in a timely fashion, conduct further investigations into the hours claimed and the reasons that the hirer has refused to sign/authorise a Timesheet in respect of those hours. This may delay any payment due. HG Group shall make no payment to the Worker for hours not worked.

5.14) For the avoidance of doubt and for the purposes of the Working Time Regulations, the Worker’s time shall only consist of those periods during which he/she is carrying out activities or duties for the Client as part of the Worker’s working time for these purposes.

6. HG Group’s Obligations

6.1) HG Group shall provide the Services with reasonable skill and care, commensurate with best practice in the employment business sector and in accordance with any and all codes of practice and statutory requirements, including but not limited to the Agency Workers Regulations 2010.

6.2) HG Group shall use its best and reasonable endeavours to find and secure suitable Assignments for the Worker.

6.3) HG Group cannot guarantee to find a suitable Assignment for the Worker and is under no obligation to do so.

6.4) HG Group shall use its best and reasonable endeavours to ensure that Clients deal with the Worker in a reasonable and professional manner; however, HG Group accepts no responsibility for the conduct of Clients.

7. The Worker’s Obligations

7.1) Where specific experience, qualifications and authorisations are required by the Client, by law or by any professional body, the Worker shall provide up-to-date evidence of the same to HG Group prior to the start of an Assignment to which they apply. The Worker shall also grant permission to HG Group to supply any such evidence to the Client.

7.2) The Worker shall use their best and reasonable endeavours to perform to the best of their ability during Assignments and shall remain professional and courteous to the Client and to their fellow workers.

7.3) The Worker shall comply with the Agreed Working Hours subject to any variation agreed between the Worker and the Client. Where possible, the Worker should notify HG Group if they believe their total working time (including work with other agencies/employers) may create a health and safety risk.

7.4) The Worker shall comply with all reasonable requests, instructions or orders relating to the Assignment.

7.5) The Client shall make the Worker fully aware of all relevant rules and regulations pertaining to health and safety at the start of the Assignment. The Worker shall fully comply with all such rules and regulations throughout the Assignment.

7.6) The Client shall make the Worker fully aware of all general workplace rules, policies and procedures, including those specifically related to the Assignment at the start of the Assignment. The Worker shall fully comply with all such rules, policies and procedures throughout the Assignment.

7.7) If any conflict of interest or any other circumstance which would be detrimental to the Client, HG Group or the Worker arises during the Assignment, the Worker must inform both HG Group and the Client.

7.8) If the Worker is unable to attend work during the course of an Assignment, he/she should inform the Client and HG Group at least 2 hours before the shift to allow alternative arrangements to be made.

7.9) If, either before or during the course of an Assignment, the Worker becomes aware of any reason why he/she may not be suitable for an Assignment, he/she shall notify HG Group without delay.

7.10) The Worker acknowledges that any breach of his/her obligations set out in this clause may cause HG Group to suffer loss and HG Group reserves the right to recover such losses from the Worker.

7.11) Where the Worker is paid via an Umbrella Company, the Worker agrees to provide promptly any accurate information reasonably required by HG Group and/or the Umbrella Company to support timesheet validation, resolve queries, and meet legal and compliance requirements (including, where applicable, AWR enquiries).

8. Sickness, Absence and Leave

8.1) In the event that the Worker is absent from an Assignment due to injury or illness for a period of 4 days or more:

8.1.1) Where the Worker is paid PAYE via HG Group, HG Group shall administer Statutory Sick Pay to the Worker where eligible.

8.1.2) Where the Worker is paid via an Umbrella Company, Statutory Sick Pay (where eligible) shall be administered by the Umbrella Company in accordance with its contract and payroll processes.

8.2) The Worker shall be entitled to annual leave in accordance with the Working Time Regulations 1998, and, where relevant, the Agency Workers Regulations 2010.

8.3) Annual leave shall be calculated pro rata in accordance with statutory minimums and administered according to the Pay Method selected (PAYE via HG Group or via Umbrella Company).

8.4) If there is any conflict between the provisions of this clause 8 and the Agency Workers Regulations 2010, the Agency Workers Regulations 2010 shall prevail.

8.5) Where the Worker is paid PAYE via HG Group and is an irregular-hours worker or part-year worker (as defined under the Working Time Regulations), HG Group may elect to pay statutory holiday pay as rolled-up holiday pay. Where rolled-up holiday pay applies, it will be paid at a rate of at least 12.07% of the Worker’s total pay in each pay period, paid at the same time as wages, and shown as a separate item on the Worker’s payslip.

8.6) Where rolled-up holiday pay is used, the Worker will not receive additional holiday pay at the time holiday is taken, because holiday pay has been paid in advance via payslips. The Worker remains entitled to take statutory holiday and must request/record holiday in accordance with HG Group’s process.

8.7) Where the Worker is paid via an Umbrella Company, holiday pay arrangements (including whether holiday pay is accrued, advanced/rolled-up, or paid when leave is taken) are governed by the Worker’s contract with the Umbrella Company.

9. Intellectual Property

9.1) Any and all Intellectual Property created by the Worker during the course of any Assignment shall be deemed to be assigned to the Client. The Worker shall execute any and all necessary Assignments and any other documentation required either by law or by the Client in order to give effect to the provisions of this Clause.

9.2) The Worker shall unconditionally waive all Moral Rights in any work created by them.

10. Liability

10.1) HG Group shall not be liable or responsible for any loss or damages of any nature, whether direct or indirect, including any loss of profits or any consequential damages suffered or incurred by the Worker, howsoever caused, as a result of HG Group’s negligence or breach of contract.

10.2) Nothing in this Clause shall limit HG Group’s liability for death or personal injury.

11. Indemnity

11.1) The Worker shall indemnify HG Group against any claim, loss, damage, proceedings, settlement, costs or expenses which may be paid to a third party arising out of any matter relating to the Worker’s performance or non-performance of their obligations under these Terms and Conditions.

11.2) The indemnity set out in sub-Clause 11.1 shall apply provided that in all cases HG Group shall:

11.2.1) Notify the Worker as soon as is reasonably possible of any claim, loss or damage.

11.2.2) Consult with the Worker as to the action to be taken in dealing with any such matters, and

11.2.3) Make no agreement with any third party for the payment of any sum without the prior agreement of the Worker, such agreement not to be unreasonably withheld.

11.3) Notwithstanding the provisions of this Clause 11, the total liability of the Worker under this Agreement shall be limited to £300.

12. Termination

12.1) Subject to the remaining provisions of this Clause 12, the Contract shall continue for the Term which shall be agreed between the Parties prior to the commencement of the Contract.

12.2) HG Group reserves the right to terminate the Contract at any time and subject to its sole discretion and for any reason. Such termination shall take effect immediately, and the Worker shall be required to end any Assignment taking place at the time.

12.3) The Worker reserves the right to terminate the Contract at any time. Such termination shall take effect following the completion of any Assignment taking place at the time or otherwise agreed prior.

12.4) Either Party has the right to terminate the Contract immediately if the other:

12.4.1 Has committed a material breach of these Terms and Conditions, unless such breach is capable of remedy, in which case the right to terminate will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or

12.4.2 Goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

12.5) Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Contract shall survive termination under this Clause 12.

13. Force Majeure

Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

14. Notices

14.1) All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

14.2) Notices shall be deemed to have been duly given:

14.2.1) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

14.2.2) when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or

14.2.3) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

14.2.4) on the tenth business day following mailing, if mailed by airmail, postage prepaid.

14.3) All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

15. How We Use Your Personal Data (Data Protection)

15.1) All personal information that HG Group may use will be collected, processed, and held in accordance with applicable data protection law, including the UK GDPR and the Data Protection Act 2018, and the Worker’s rights under that law.

15.2) For complete details of HG Group’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Worker’s rights and how to exercise them, and personal data sharing (where applicable), please refer to HG Group’s Privacy Policy available from https://www.hansongrey.com/data-privacy-policy and on request by email.

15.3) HG Group may share personal data and assignment/timesheet information with Clients and, where applicable, Umbrella Companies for the purposes of placing the Worker, validating timesheets, processing payment, and meeting legal/compliance obligations.

16. Severance

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

17.No Waiver

The Parties agree that no failure by either Party to enforce the performance of any provision in this Agreement shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this Agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

18.Law and Jurisdiction

18.1) These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

18.2) Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.