TWENTY FOUR SEVEN ( YORKSHIRE) LIMITED TERMS OF ENGAGEMENT OF DOMICILIARY CARERS FOR SUPPLY TO PRIVATE HOUSEHOLDS

1. DEFINITIONS

1.1 In these Terms of Engagement the following definitions apply:

“Client” means the person requiring the services of the Carer;

“Carer” means the person introduced or supplied by the Employment Business to the Client for the assignment from time to time;

"Relevant Period" means the longer period of either 14 weeks from the first day on which the Carer worked for the Client, or 8 weeks from the day after the Carer was last supplied by the Employment Business to the Client.

1.2 Unless the context otherwise requires, references to the singular include the plural and references to the feminine include the masculine and vice versa.

1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These Terms constitute a contract for services between the Employment Business and the Carer and they govern all Assignments undertaken by the Carer. However, no contract shall exist between the Employment Business and the Carer between Assignments.

2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Carer.

2.3 No variation or alteration of these Terms and Conditions shall be valid unless the details of such variation are agreed between a Manager of the Employment Business and the Carer and set out in writing and a copy of the varied terms is given to the Carer stating the date on or after which such varied terms shall apply.

3. ASSIGNMENTS

3.1 The Employment Business will endeavor to obtain suitable Assignments for the Carer to work as a domiciliary care worker with Clients. The Carer shall not be obliged to accept any Assignment offered by the Employment Business.

3.2 The Carer acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that suitability shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Carer should it fail to offer opportunities to work in the above category or in any other category and that no contract shall exist between the Carer and the Employment Business during periods when the Carer is not working on an Assignment.

3.3 At the same time as an Assignment is offered to the Carer the Employment Business shall inform the Carer of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Carer would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Carer; and any risks to health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Carer what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are required by law to work in the Assignment.

3.4 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Carer is being offered an Assignment in the same position as one in which the Carer had previously been supplied within the previous five business days and such information has already been given to the Carer.

3.5 For the purpose of calculating the average number of weekly hours worked by the Carer on an Assignment, the start date for the relevant averaging period under the Working Time Regulations 1998 shall be the date on which the Carer commences the first Assignment.

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

3.7 If during the course of an Assignment or within 12 weeks after the end of an Assignment, the Client wishes to employ the Carer direct, the Carer acknowledges that the Employment Business will be entitled either to charge the Client an introduction fee or to agree an extension of the hiring period with the Client at the end of which the Carer may be employed direct by the Client without further charge to the Client.

4. TIME SHEETS

4.1 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 Carer shall deliver to the Employment Business her time sheet duly completed to indicate the number of hours worked by her during the preceding week (or such lesser period) and signed by the Client unless previously agreed with the Employment Business that the particular Client falls into the “unable to sign” category. Failure to submit a time sheet for hours worked may delay payment for those hours.

4.2 For the avoidance of doubt and for the purposes of the Working Time Regulations 1998, the Carer's working time shall only consist of those periods during which she is carrying out her activities or duties for the Client as part of the Assignment. Time spent travelling to the Client's premises; lunch breaks and other rest breaks shall not count as part of the Carer's working time for these purposes.

4.3 Subject to clause 4.2 The Employment Business shall pay the Carer for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours.

4.4 Where the Carer fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Carer and the reasons that the Client has refused to sign a timesheet in respect of those hours. This may delay any payment due to the Carer. The Employment Business shall make no payment to the Carer for hours not worked.

4.5 The Employment Business reserves the right to make deductions from payments in circumstances where the Carer has submitted a timesheet and the Employment Business invoices the Client who subsequently confirms to the Employment Business that the Carer did not attend and it transpires that the submission of the timesheet by the Carer was a genuine mistake. In such circumstances the Employment Business shall deduct any monies paid in respect of that timesheet in full from the next available payment due to the Carer.

5. PAYMENTS

5.1 The actual rate will be notified on a per Assignment basis in accordance with the rates to be supplied from time to time and will be paid weekly in arrears subject to deductions in respect of Class 1 National Insurance Contributions and PAYE Income Tax pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and any other deductions which the Employment Business may be required by law to make.

5.2 Subject to any statutory entitlement under the relevant legislation, the Carer is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

6. STATUTORY LEAVE

6.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences.

6.2 Under the Working Time Regulations 1998, the Carer is entitled to 4 weeks paid leave per leave year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year.

6.3 In the course of any Assignment during the first leave year the Carer is entitled to request leave at the rate of one-twelfth her total holiday entitlement in each month of her leave year. Where a Carer wishes to take paid leave during the course of an assignment s/he should notify the Employment Business of the dates of his/her intended absence giving notice of at least twice the length of the period of leave that s/he wishes to take. In certain circumstances the Employment Business may give counter-notice to the Carer to postpone or reduce the amount of leave that the Carer wishes to take and in such circumstances the Employment Business will inform the Carer in writing giving at least the same length of notice as the period of leave that has been requested.

6.4 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Carer on Assignment during the leave year. The amount of payment which the Carer will receive in respect of periods of annual leave taken during the course of an assignment will be calculated in accordance with and paid in proportion to the number of hours which she has worked on Assignment. Payments for annual leave will be calculated on the basis of rates paid during a client's normal working hours such that the carer will receive the value of 8.33% of their earnings as holiday pay.

6.5 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Carer's status as a worker. For the avoidance of doubt it is accepted that the worker is not an employee of the Employment Business.

7. SICKNESS ABSENCE

7.1 The Carer may be eligible for Statutory Sick Pay provided that she meets the relevant statutory criteria.

8. CONDUCT OF ASSIGNMENTS

8.1 Where the Employment Business has obtained an Assignment for the Carer which he/she accepts, it is important that the Carer complies with the following provisions for the benefit of the Client. The Carer agrees that during the Assignment and afterwards as appropriate she will: ­

8.1.1 Co-operate with the Client and accept the direction, supervision and control of any responsible person in the Client's home;

8.1.2 Be present at such time as may be stipulated by the Client and unless arrangements have been made to the contrary, to conform to the normal hours of work agreed at the premises where the Assignment is to be carried out;

8.1.3 Take all reasonable steps to safeguard her own safety and the safety of any other person who may be affected by her actions on the Assignment and comply with the Employment Business's health and safety policies;

8.1.4 Not engage in any conduct detrimental to the interests of the Client;

8.1.5 Be responsible for the provision of her own uniform and any necessary equipment, unless previously agreed otherwise with Twenty Four Seven. Uniforms must be worn at all times during an assignment. Additionally, good general clean and tidy appearance is required at all times and no jeans or trainers are allowed.

8.1.6 Not at any time divulge to any person, nor use for her own or any other person's Benefit, any confidential or sensitive personal information relating to the Client's or the Employment Business' employees, business affairs, transactions or finances;

8.1.7 Co-operate with the Employment Business' staff and accept their direction, supervision and control; and

8.1.8 Provide care and support in the least intrusive way possible.

8.2 The Carer agrees in addition that throughout any Assignment she will comply with the Employment Business' policy and/or procedures:

8.2.1 On standards of conduct and all organisational matters as set out in the Employment Business's handbook;

8.2.2 Which concern the safeguarding of and restrictions on dealing with the Client's money and property. In addition the Carer hereby agrees not to be involved in assisting in the making or witnessing of or benefiting from the Will or Codicil of any patient to whom the Carer is supplied by the Employment Business, nor will the Carer become involved in any other legal documentation concerning the Client's affairs;

8.2.3 In relation to the entry and departure from Client's home;

8.2.4 Regarding the detailed records which the Carer is required to maintain during an Assignment which shall be advised to the Carer;

8.2.5 Which relate to the protection of the Client's confidential and sensitive personal information and which address when such information should be disclosed to the Employment Business and/or health professional;

8.2.6 Which apply in the event of a non-response from the Client at the premises where the Assignment is to be performed or in the event of any accident or other emergency at the premises; and

8.2.7 Which concern the administration of or assistance with medication (including all record keeping requirements) and which will also identify the limits to assistance and the tasks which may not be undertaken without specialist training.

8.3 If the Carer is unable for any reason to attend work during an Assignment she should inform the Client or the Employment Business by no later than 1 hour before any assignment is due to take place on the first day of absence to enable alternative arrangements to be made.

8.4 The Carer shall ensure that she presents to the Client each time she arrives at the Client's home her identification badge, which shall provide details of her name, the Employment Business and will feature a contemporary photograph of the Carer and current validity dates of the badge. The identification badge is to be worn at all times during the Assignment and must be returned to the Employment Business when the Carer ceases carrying out Assignments for the Employment Business.

9. TERMINATION

9.1 The Employment Business or the Client may, without prior notice or liability, instruct the Carer to end an Assignment at any time.

9.2 The Carer may terminate an Assignment subject to giving 24 hours notice by informing the Employment Business.

9.3 If the Carer does not inform the client or the Employment Business [in accordance with clause 9.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Carer in accordance with clause 9.2 unless the Carer can show that exceptional circumstances prevented him from complying with clause 9.2.

9.4 If the Carer is absent during the course of an assignment and the contract has not been otherwise terminated the employment business will be entitled to terminate the contract in accordance with clause 9.1 if the work to which the absent worker was assigned is no longer available for the Carer.

9.5 If the Carer does not report to the Employment Business to notify his availability for work for a period of three weeks, the Employment Business will forward his P45 to his last known address.

10. CONVICTIONS AND COMPLAINTS

10.1 Before commencing any Assignment, the Carer must provide the Employment Business with confirmation that she has not been convicted of or cautioned in relation to any criminal offence. In the event that the Carer is charged with or cautioned in relation to any criminal offence (including any motoring offences), she must inform the Employment Business immediately and provide regular reports about the progress of the proceedings.

10.2 The Carer accepts that the Employment Business will carry out criminal records bureau checks and protection of vulnerable adult checks.

10.3 The Carer must inform the Employment Business about any complaint made against him/her, which is relevant to her professional competence or conduct. The Employment Business will fully and promptly inform the Carer of any complaint made against her. All complaints are to be addressed by the Employment Business in accordance with its complaints procedure.

11.0 SPECIAL PROVISIONS

11.1 The Carer must provide the Employment Business with all requested proof of qualifications, references, recent photographs (for identification purposes), access to health records and medical registrations as may be requested in order for the Employment Business to satisfy itself that the Carer is fit to be supplied to Clients.

11.2 The Carer is required to advise the Employment Business immediately of any medical condition or any change in her state of health that could impact upon her ability to carry out Assignments or her eligibility for Assignments.

11.3 The Carer must follow and co-operate fully with the Employment Business's formal induction procedure and undertake any training specified by the Employment Business.

11.4 Where the Carer has no relevant National Vocational Qualification, the Carer shall register if required for the relevant NVQ within the first six months of commencing her first Assignment with the Employment Business and shall complete the qualification within three years.

11.5 The Carer shall co-operate with the Employment Business in relation to any quality assessments and inspections of work which are carried out at the Client's home.

12. LAW

12.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.