Trust employee application form

Thank you for submitting your interest in working Bank shifts. Unfortunately you can only work Bank shifts as an FY1 if you have been in your substantive post for more than 4 months. Please feel free to reach out when you have been in your role for more than 4 months and we will support your application.

Please note, as you are a UK or Irish citizen but do not have a UK or Irish passport or your passport is expired, you will need visit us onsite to complete your verification.  

There is two options on what documents you must provide:

Option 1

1. Expired Passport, providing it has not been cut, is an adult passport and still a true likeness
2. Photo ID (e.g. photo driving licence)
3. If your name has changed since birth, your marriage or change of name certificate

Option 2

1. UK birth certificate
2. Evidence of your National Insurance number, please note we are unable to accept payslips this must be a P60, P45, NI Card or Letter from the HMRC confirming your NI Number
3. Photo ID (e.g. photo driving licence)
4. If your name has changed since birth, your marriage or change of name certificate

Please note all documents for either option 1 or 2 must be provided. Driving licenses will not be accepted as a stand alone document. All documents must be original, copies will not be accepted.

This can be generated here: https://www.gov.uk/prove-right-to-work/get-a-share-code-online 

Please complete your online verification here: https://bankpartners.hirevue.com/signup/3XBYZseeeRDJ8V6fd5rjRk/ 

Statement of Agreement

1. You are currently employed by the trust and not planning to leave.
2. You are joining the bank to pick up extra shifts within your current staffing group and grade (if you are looking to work outside of this then an external application may be required)
3. You are intending to work your first bank shift within the next month.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners, at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners, on behalf of Moorfields Eye Hospital NHS Foundation Trust, at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

 

In signing this form you declare your application to join Bank Partners. As part of your application you are giving consent for Moorfields Eye Hospital Foundation Trust to share with Bank Partners the following personal data:

Your full name
Your date of birth
Your National Insurance number
The current ward/department at Moorfields where you undertake your substantive role
Your current job title
Your current AfC Band/Salary
Your start date with Moorfields NHS trust
Your mandatory training records
Confirmation of your DBS status
Confirmation of Occupational Health clearance
This data will be used to confirm that the information you have supplied to Bank Partners is correct and to confirm your compliance with trust training, DBS and occupational health requirements. Your data will be securely processed and will not be shared with third parties.

I consent to this information being shared on my behalf.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners on behalf of Great Ormond Street Hospital for Children at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners and GOSH in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information, including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners, on behalf of Isle of Wight NHS Trust, at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners, on behalf of Barts Health Trust, at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

1. I understand that if I am charged or cautioned after signing this declaration, I must inform Bank Partners.

2. I have answered questions regarding disciplinary action or alleged misconduct truthfully.

3. I acknowledge that I will be given a copy of the Terms and Conditions of Service issued by Bank Partners, on behalf of University College London NHS Foundation Trust, at the end of the registration process, which is mine to keep and to abide by.

4. I am not aware of any condition, medical or otherwise, which would affect or limit my employment or performance, other than those declared in my Occupational Health Questionnaire.

5. I declare that the information given herein is true and complete and is not presented in a way intended to mislead. I agree that if I have given false or misleading information or omit to give relevant information now or in the future, that Bank Partners may cease to offer me further agency placements without notice, as well as a claim for recovery of any payments I have received, together with a claim for a loss of profit to Bank Partners.

6. I acknowledge and confirm that Bank Partners is authorised to apply for and obtain a Disclosure and Barring Service Check (including the online status update service check if app) and references from any previous employers and educational establishments.

7. I acknowledge that my personal details will be stored and handled correctly by Bank Partners in accordance with the Data Protection Act 2018 however, I agree that they may be made available for audit/review by relevant parties. (This is relevant for all information including all documents – DBS, Occupational Health, References).

8. I understand that if I am on a student visa, I can only work for 20 hours per week during term time. I understand that I have a responsibility to monitor this. In addition, if my position as a student changes, I must inform Bank Partners

9. I understand that if I am on a Tier 2 Sponsorship Visa, I can only work for a maximum of 20 hours per week at the same professional level as my sponsorship. I understand that I have a responsibility to monitor this. In addition, if my position with my sponsored company changes, I must inform Bank Partners.

10. I acknowledge that if any of my details stated on this Application Form change, or my circumstances change, which may affect my ability to work for, I must inform Bank Partners immediately.

11. I confirm that I am not currently under investigation, or currently suspended, by my professional regulatory body (e.g. NMC/HCPC) or being investigated by my current or previous employer. I will inform Bank Partners if I am under investigation or suspended by my professional regulatory body or employer at any point whilst working for Bank Partners.

12. I give my permission for Bank Partners to run a Right to Work check with the Home Office if I provide them a Biometric Residence Card for my Right to work in the UK.

Student Loan Plans

You’ll have a Plan 1 Student Loan if:
• You lived in Scotland or Northern Ireland when you started your course (undergraduate or postgraduate)
• You lived in England or Wales and started your undergraduate course before 1 September 2012

You’ll have a Plan 2 Student Loan if:
• You lived in England or Wales and started your undergraduate course on or after 1 September 2012
• Your loan is a Part Time Maintenance Loan
• Your loan is an Advanced Learner Loan
• Your loan is a Postgraduate Healthcare Loan

For further guidance about repaying Student Loans go to https://www.gov.uk/repaying-your-student-loan 

You'll have a Postgraduate Loan if:

• You lived in England and started your Postgraduate Master's course on or after 1 August 2016
• You lived in England or Wales and started your Postgraduate Master's course on or after 1 August 2017
• You lived in Wales and started your Postgraduate Master's course on or after 1 August 2018

For further guidance about funding and repaying Postgraduate Loans go to https://www.gov.uk/funding-for-postgraduate-study 

Note – Please make sure that if you change your hours or leave the other role that you advise the Payroll team as this may affect the eligibility to a pension scheme.

I confirm that I have completed the above form to the best of my ability and knowledge and undertake to advise my payroll team in the event that I should alter the position stated above in respect of employment with any other NHS organisations.

If you are a newly qualified nurse, we will need your line manager’s support for your registration on bank. We will approach them to confirm that you have completed preceptorship Please note if preceptorship training is not yet completed, you will be restricted to covering bank shifts at your permanent ward until the training is completed.

Terms of Engagement for Bank Workers on the Whittington Health Bank Scheme

DEFINITIONS AND GENERAL
 1.1       In this part of these terms of engagement:

 1.1.1        ‘Assignment’ means the services for which Whittington Health engages you, the Bank Worker, to work for an individual shift.

 1.1.2        ‘Bank Worker’ means any temporary worker engaged to carry out an Assignment on the Whittington Health Bank Scheme.

 1.1.3        ‘Bank Partners’ means Bank Partners of 2nd Floor, Grays Inn Road, London WC1X 8HB.

 1.1.4        ‘Engage’ means to book/use the services of the Bank Worker for the purpose of the Assignment and ‘engagement’ shall have a related meaning.

 1.1.5        ‘Series of Assignments’ means the situation where individual Assignments are booked for a consecutive period where no more than the maximum of 72 hours’ break elapses between each individual Assignment.

 1.1.6        ‘The parties’ is used to refer to you and us, collectively.

 1.1.7        ‘Whittington Health’ means Whittington Health NHS Trust.

 1.1.8        ‘You’ means the individual Bank Worker to whom these terms of engagement shall apply and ‘we’, ‘us’, ‘ourselves’ or similar words means Whittington Health.

 1.2       If you accept an Assignment that we offer you, you shall be deemed to have accepted these terms of engagement whether or not you have signed at the bottom thereof. 

 1.3       Upon your acceptance of an Assignment these terms and conditions together with the booking confirmation for the Assignment shall constitute a contract between the parties and shall govern the Assignment that you undertake.  No contract shall exist between the parties between Assignments.

 1.4       For the avoidance of any doubt, these terms shall not give rise to a contract of employment between the parties.  You are engaged as a worker although we are required to make certain statutory deductions from your remuneration as is set out in more detail hereunder.

 1.5       The headings contained herein are included for convenience only and shall not affect the interpretation of the contents hereof in any way.

 1.6       No variation or alteration to these terms of engagement shall be valid unless approved by Bank Partners on behalf of Whittington Health, in writing.

 1.7       These terms of engagement are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.

 1.8       Our waiver of any breach by you of these terms shall not be or deemed to be a waiver of any other breach or subsequent breach of such terms.

 1.9       Any unenforceable or invalid term herein shall be deemed severed from the valid provisions which will remain in full force and effect.

  

2. OUR OBLIGATIONS TO YOU AND LIMITATION OF LIABILITY

2.1       We shall determine, in our sole and absolute discretion, your suitability for any Assignment which you wish to accept on our online booking system run by Bank Partners on behalf of Whittington Health.  We make no representation to you that you will be offered a suitable Assignment and you appreciate that there may be periods when no work may be available for you through Bank Partners.  We are not obliged to offer you any Assignment of work and we shall incur no liability to you for not doing so and you are not obliged to accept any Assignment.

2.2       You will be paid weekly in arrears directly to your bank account for the previous week, subject to the appropriate paperwork being provided by you to Whittington Health, or to Bank Partners on behalf of Whittington Health.  If we receive your timesheet late, payment may be delayed.  Please note, payment will not be paid for any Assignment where the timesheet for such Assignment is provided to Bank Partners 3 months or more after the date of the Assignment in question.

2.3       Your pay is subject to those deductions for PAYE Income Tax, National Insurance Contributions and any other amounts that we are required by law to make.

2.4       You will be paid at the rate of pay agreed for the Assignment.  This rate will be equivalent to or more than the National Minimum Wage.  Pay rates are determined by the grade of the role required for the Assignment.  The actual rate of pay will be agreed on offer of the Assignment. You will be paid for all work completed up to the time the assignment is terminated.

2.5       You will not approach Whittington Health with any complaint of inquiry about the rate of pay being offered for an Assignment.  Please contact Bank Partners who will do this on your behalf. 

2.6       Bank Partners will confirm your Assignment and all the details thereof, including the rate of pay, place of work, hours of work, and break entitlements, to you.  The details of the Assignment that are confirmed to you may thereafter be changed in exceptional circumstances only and only of the change is recorded in writing by Bank Partners on behalf of Whittington Health.  This booking confirmation, together with these terms and conditions records our entire agreement with you.  In the event that these terms and conditions conflict with the booking confirmation, these terms and conditions shall prevail.

2.7       On the termination of any assignment and / or this contract (howsoever caused) you will not be entitled to any further payments from Whittington Health other than outstanding wages and holiday pay.

 

YOUR OBLIGATIONS TO WHITTINGTON HEALTH
3.1       You are not obliged to accept any Assignment that we or Bank Partners on our behalf offer you, but if you do so then you agree to do so in accordance with the requirements of these terms of engagement.

3.2       By accepting an Assignment, you agree that you are willing to work in that position and to show flexibility in the performance of your duties when undertaking the Assignment subject to your competency to carry out the role.

3.3       You are obliged to attend and complete your Assignment whether or not you receive a written booking confirmation from us or Bank Partners on our behalf. 

  

PERFORMANCE OF THE ASSIGNMENT
4.1       You shall commence the Assignment punctually and conform to the normal working hours of Whittington Health and as required for the Assignment unless we have expressly agreed otherwise with you and we have recorded our agreement in writing.

4.2       You will co-operate with Whittington Health staff and accept the supervision and instruction of any responsible person within Whittington Health.

4.3       You will observe the Health & Safety Policy of Whittington Health and take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions.

4.4       You will not engage in any conduct detrimental to the interests of Whittington Health.

4.5       You will not smoke on Whittington Health premises.  You will comply with Whittington Health’s Dress Code and Uniform Policy which can be found on the intranet.

4.6       You will wear any form of identification that Whittington Health requires and display this on your clothing at all times when you are on Whittington Health premises.

4.7       Whilst carrying out your Assignment, you will adhere to the terms of any generally accepted Codes of Professional Conduct that apply to your profession such as in the administration of drugs and sterile techniques.  You are responsible for maintaining and developing your competencies and shall co-operate with Bank Partners and supply Bank Partners with such information as they may require in order to administer and ensure that mandatory training has been undertaken.  You have an ongoing duty to undertake mandatory training and you acknowledge that Whittington Health has the right to refuse to offer any Assignment to you or to cancel an Assignment which has been offered to you if it considers that you have not undertaken the mandatory training or that it is necessary for you to undertake learning and development activities to ensure that you can safely and effectively carry out your duties.

4.8       Whittington Health has a legal responsibility to inform and apologise to patients who use their services if there have been mistakes in their care, particularly if these mistakes lead to serious harm.  This is known as the Duty of Candour.  If you make a mistake whilst undertaking an Assignment you have a responsibility to report this immediately to the designated manager of your Assignment.  We require all workers, not just those who are engaged in regulated professions, to report any incident they become aware of to the designated manager for their Assignment. If for any reason it is not possible to report it to the designated manager, then a report should be made to the next most senior manager.

4.9       You are required to familiarise yourself with the relevant policies and guidance relating to safeguarding, both in respect of vulnerable adults and children and young people, which can be located on the intranet or via Bank Partners.

4.10     Whittington Health encourages a culture of openness and dialogue, promoting an environment which enables everyone working for the Trust to raise concerns in a responsive way, without fear of victimisation, censorship or reprisals. The Trust has employed a Freedom to Speak Up Guardian to lead on whistleblowing and ensure staff are able to raise concerns quickly, safely and effectively.  The Whistleblowing Policy and Procedure, available on the intranet and via Bank Partners, sets out your rights as well as your responsibilities towards others who raise concerns.

4.11     You confirm you have read and understood Whittington Health’s Policies and Procedures relating to Workers, access to copies of which will be provided by Bank Partners. You note and accept that Whittington Health may update these at any time. 

  

CONFIDENTIALITY AND INTELLECTUAL PROPERTY
5.1       You will not disclose to any person other than a person authorised by Whittington Health any information that you may have acquired during or in connection with an Assignment that is not already in the public domain.  Specifically, but without derogating from the generality of the previous sentence, you will not disclose to any person other than a person authorised by Whittington Health any information that you may have acquired during or in connection with an Assignment concerning a Whittington Health authority, staff or procedures or the identity, medical condition or treatment received by any patient other than any information that is already in the public domain.

5.2       You shall deliver to Whittington Health at the end of each Assignment all documents and other materials belonging to Whittington Health (and all copies) in your possession including documents and other materials that you may have created during the course of the Assignment.  Whittington Health is the sole owner of any work product, including any intellectual property rights thereto, created during the Assignment.

  

REQUIRED PERIOD OF NOTICE
6.1       In the event that you do not wish to complete the Assignment, you will give notice to Whittington Health via Bank Partners as follows:

 

LENGTH OF ASSIGNMENT

/SERIES OF ASSIGNMENTS            REQUIRED NOTICE PERIOD

Up to 1 week                                       not less than 24 hours

1-4 weeks                                           2 clear working days

4 weeks – 3 months                            5 clear working days

3-6 months                                          10 clear working days

6 months +                                          14 clear working days.

 

6.2       In the event that you become aware that you are, due to an extraordinary and unforeseen event beyond your control, unable to attend your Assignment you will inform Bank Partners at the earliest possible opportunity and at least one hour before commencement of the Assignment.  In all other circumstances, you are required to work out your Assignment until your notice period is completed.

6.3       If you leave an Assignment without giving the required notice period we will hold you liable for any losses we may suffer as a result. 

6.4       Nothing in this clause shall affect your status as a worker.

  

INFORMATION WE REQUIRE FROM YOU
7.1       You are required to produce evidence of your eligibility to work in the UK.

7.2       In the event that your circumstances change in any manner that might affect your continued eligibility to work in this country, you will immediately inform Bank Partners of the change.

7.3       You must furnish Bank Partners with proof of your identity as well as evidence of your experience, training and qualifications.  Bank Partners may request additional information from you and/or from any professional body to which you belong to determine your suitability for an Assignment.

  

MISCONDUCT AND/OR TERMINATION
8.1       You will immediately inform us of any event that has resulted in disciplinary action being taken against you, any allegations of misconduct, or your suspension or dismissal from any position in which you were working in your professional capacity as a result of your alleged misconduct.  You will do this irrespective of whether or not you consider the allegations to have any foundation or substance.

8.2       Whittington Health reserves the right to investigate any concerns raised about your conduct or capability and to restrict you from undertaking Assignment(s) pending the outcome of any investigation.  Such investigations will be carried out by Bank Partners on behalf of Whittington Health and Whittington Health will take all decisions on any formal action taken against you.  In the event of a finding of gross misconduct or serious negligence on your part whether in relation to an Assignment or your substantive role, Whittington Health may terminate your registration on the Whittington Health Bank Scheme without notice or payment in lieu of notice.

8.3       We may, without incurring any liability to you, alter or cancel your Assignment at any time and at short notice in the event that:

8.3.1    You absent yourself from your Assignment without permission or without informing ourselves in advance;

8.3.2    We reasonably believe that you have breached any of these terms and conditions;

8.3.3    We reasonably believe that it may be detrimental, for any reason, to Whittington Health or to any other person for you to continue in a particular Assignment.  In the event that you are not permitted to complete an Assignment for whatever reason, you will receive payment up until the point during the Assignment at which the Assignment was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of the Assignment or any other Assignments you may have booked but were unable to work due to the cancellation.

8.3.4    In the event that Whittington Health cancels and Assignment or Series of Assignments for any reason you are not entitled to any payment for an Assignment or Series of Assignments that you may have booked but are unable to work and Whittington Health and Bank Partners on behalf of Whittington Health is under no obligation to allocate replacement Assignment(s) to you.

  

EXPENSES
9.1       Unless we agree otherwise and record that exceptional agreement in writing, you are responsible for the cost of your own travel, meals, calls, accommodation and any other business expenses.  You must settle any amounts that you owe Whittington Health before you complete your Assignment.

9.2       We will only reimburse expenses if we have agreed to do so in writing and when the expenses have been incurred wholly, necessarily and exclusively in order to perform your Assignment.

9.3       We will report all expenses paid to you on your P11d.  Your P11d will be submitted to the appropriate authority and is open to scrutiny.  The appropriate authority may reject any expenses that they do not consider have been wholly, necessarily and exclusively incurred in the course of your performance of your Assignment.

10. TIME SHEETS

10.1     Time spent travelling to and from Whittington Health’s premises; lunch breaks and other rest breaks do not count as part of your working time for purposes of preparing your time sheet.

10.2     At the end of each week where you have undertaken an Assignment or Series of Assignments you shall present to Whittington Health for signature a time sheet or other written record of the hours you have worked during the preceding period.

10.3     You are required to record time spent on an Assignment accurately. It is a fraudulent offence to falsify timesheets. Any suspected breach may be referred to the NHS Counter Fraud Authority.

 

11. LEAVE

11.1     Your paid holiday entitlement under the Working Time Regulations, will depend on the hours that you actually work, and will be pro-rated on the basis of a maximum full-time entitlement of 28 days’ holiday during each full holiday year (including public holiday days in England and Wales).

11.2     Your annual leave entitlement referred to in clause 11.1 above will be calculated at 12.07% of your pay for hours worked during Assignments and will be paid to you on a rolled-up basis, i.e. so that no further payment will be due to you in respect of any period otherwise deemed to be taken as annual leave. The 28 days stated above is also a maximum amount inclusive of bank holidays and calculated on a whole-time equivalent basis.

11.3     For the avoidance of doubt, your holiday pay is paid separately to your hourly rate at 12.07% and is shown clearly on the payslip as ‘WTD payment’.

11.4     If you are booked to carry out regular bank work, you must ensure that you take breaks between assignments to ensure you take compulsory rest breaks (holiday).

11.5     Please note that due to the fact that Whittington pays rolled up holiday pay, you will not receive pay during your holiday as this is paid up front every time you carry out an assignment.

11.6     None of the provisions of these terms and conditions regarding your statutory entitlement to paid leave shall affect your status as a worker.

  

12. PENSION

12.1     Whittington Health operates access to a pension scheme which you will be eligible to join.  Further details of the pension scheme and application details can be obtained from our payroll team.  Whittington Health will also comply with its employer pension obligations under the Pensions Act 2008 in respect of you.  If you are eligible under the applicable legislation, Whittington Health will auto-enrol you into its qualifying pension scheme, in accordance with Whittington Health’s pension auto-enrolment obligations.

12.2     Full details of the pension scheme will be provided when you are enrolled, including the minimum contribution level that you will be required to make and your right to opt out, if you do not want to join the pension scheme. While participating in the pension scheme, you agree to worker pension contributions being deducted from your salary. The pension scheme is subject to its rules as may be amended from time to time.  Whittington Health may replace the pension scheme with another pension scheme at any time.

13. WORKING TIME REGULATIONS

13.1     Unless you opt out in accordance with clause 13.2 below, you may not work more than 48 hours in any 7 day period from Monday to Sunday. This includes hours worked for other organisations.  Whittington Health has the right not to offer you an Assignment where it is felt that the additional hours of work undertaken on the Assignment will prevent you from delivering a safe level of patient care.  In these circumstances, Whittington Health also has the right to cancel any booked Assignments or Series of Assignments without notice or payment in lieu of notice.  You shall provide such details of your hours to Bank Partners, who are responsible for monitoring hours on behalf of Whittington Health, as required.

13.2     Please complete the declaration at the end of these terms of engagement to confirm whether you wish to opt out of the 48 hour limit on a week’s work. If you do not opt out you must keep Bank Partners informed of the hours that you work for third parties so that we can comply with the regulations.

13.3     You will be entitled to a 20 minute rest break if you work more than 6 hours a day. You will be entitled to 11 hours rest between working days. You will also be entitled to either an uninterrupted 24 hours without any work each week or an uninterrupted 48 hours without any work each fortnight.

14. DATA PROTECTION

14.1     Whittington Health will collect and process information relating to you in accordance with the privacy notice which is on the intranet. You confirm that you have read the privacy notice. The Data Protection Legislation regulates the use of personal data and records of identifiable individuals (patients and staff).  Whittington Health is registered in accordance with this legislation.  You shall follow the Whittington Health Information Governance Policy and Disclosure of Confidential Information Policy.

14.2     You shall notify Whittington Health’s Data Protection Office, your line manager or HR as soon as you become aware of a personal data breach by Whittington Health, including where you are responsible or potentially responsible for it, or any request from a data subject.  You will provide such information as the Data Protection Officer requires in relation to any such personal data breach or any request from a data subject.

14.3     Failure to comply with the Whittington Health’s policies on data protection and information security, including a failure to report a personal data breach, may be considered an act of misconduct by Whittington Health and lead to action being taken against you as set out in clause 8 above.

14.4     For the purposes of this clause “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data being processed by Whittington Health.

14.5     For the purposes of this clause, “Data Protection Legislation” means all applicable data protection and privacy legislation, regulations and guidance including the Data Protection Act 2018, Regulation (EU) 2016/679 (the “General Communications (EC Directive) Regulations including any law based on or  seeking to enact essentially an equivalent provisions in the United Kingdom to the GDPR and any applicable guidance or codes of practice issued by the European Data Protection Board or Information Commissioner from time to time (all as amended, updated or re-enacted from time to time).

14.6     Nothing in this clause shall affect your status as a worker.

15. DECLARATION

15.1     I confirm I have read the Terms and Conditions and agree to abide by them

By signing below, you agree to read and comply with the WHITTINGTON HEALTH NHS TRUST Information Governance Policy (IGP) and the points below, which are examples and summaries (but not exhaustive) of the IGP. The definitive text is in the IGP. Staff shall:

 

• abide by current NHS Security policies regarding electronic transmission of patient-related data
• not use trust computers to prejudice WHITTINGTON HEALTH NHS TRUST interests or bring the trust into disrepute, such as attempting to access
  obscene or illegal data, which can result in dismissal and prosecution. The trust monitors all emails and web sites visited
• not make the services available to any third party or other member of staff (e.g. by disclosing your personal password)
• adhere to the Conditions of Access to the WHITTINGTON HEALTH NHS TRUST Network
• use email to support WHITTINGTON HEALTH NHS TRUST work. Messages may be read by a manager or colleague in case of unplanned absence
• not use images displayed on PACS web for primary diagnosis except in accordance with local procedures. If in doubt view the image on a dedicated PACS workstation in the imaging / neuroradiology department or ask a radiologist.

Data Protection Act
Hospital data is covered by the data protection act. The trust protects data from loss, corruption or inappropriate editing or

disclosure. Patient data is available in WHITTINGTON HEALTH NHS TRUST on a 'need to know' basis. Unauthorised disclosure of patient or staff data may be

a disciplinary or criminal offence. Personal data, i.e. relating to people, such as patients, their GP, staff, relatives etc., must be:

• obtained and processed fairly and lawfully
• held for specified lawful purpose(s)
• not used or disclosed in any way incompatible with the purposes
• adequate, relevant and not excessive for the purpose(s)
• accurate and up to date
• not kept longer than necessary

Individuals are entitled to be told of data held on them, to access such data, and have it corrected if it is wrong. WHITTINGTON HEALTH NHS TRUST is registered with the information commissioner as a whole trust, so individual systems do not also need registering. Please refer questions about data protection to the WHITTINGTON HEALTH NHS TRUST information governance manager.

Computer Misuse Act
Unauthorised access is illegal. This is using a computer to get to a program or data by someone knows this unauthorised,
when they are trying to do it. Even casual meddling in a live area could be an offence. The following are also forbidden:

• Hacking - trying to access a computer program or data by a person who knows this is against the law.
• Fraud - trying to commit an offence (e.g. fraud) on a computer is an offence, even if it fails (e.g. if the system blocks the offender.)
• Modification, viruses etc. - it is an offence try and impair operation or reliability of, or to prevent or hinder access to, any computer, program or data. It is immaterial if this is directed at particular programs or files, or if the intended damage is temporary or permanent.

Copyright Act
Copyright laws make it illegal to copy software, except for backup. Every PC must have a licence for software, though not
necessarily the media. Portable PCs may be an exception, if there is a licence for the desktop machine. If in doubt, ask the IT
service desk.

I confirm that I am happy for Bank Partners to share my personal information with WHITTINGTON HEALTH NHS TRUST NHS Trust’s Training Team in order to provide me with access to the various IT Systems / Packages required for role Information shared will include:

Name
Band / Grade
Specialism
NI Number
DOB
Email address

The above will be used to create a unique WHITTINGTON HEALTH NHS TRUST eTraining record for me in accordance with the access levels required for my banding /department / speciality.

STAFF BANK REGISTRATION AGREEMENT FOR TEMPORARY WORKERS

PART 1 - REGISTRATION

1.0    GENERAL

The  Barts  Health  Staff  Bank  is  hosted  by our  outsourced  partner,  Bank  Partners  and provides temporary workers to the Trust. Once you register, the Staff Bank can offer you temporary assignments at any of the Barts Health site locations.

All your information will be held securely and in line with data protection legislation by both the Trust and Bank Partners.

There is no obligation on the Staff Bank to offer you work once you have registered and  you  have  the  right  to  refuse  any  work  offered  to  you. Accordingly, there is no mutuality of obligation between you and the Trust. This registration agreement does not constitute a contract of employment between you and the Trust and does not confer any employment rights on you other than those to which workers are entitled.

The Trust reserves the right to alter, amend, revoke or replace the terms and conditions regulating your registration with Staff Bank from time to time as it sees fit.

2.0    NOTIFICATION OF ENGAGEMENTS

You will be made aware of any suitable engagement that may arise. You will then be able to choose whether or not you accept the engagement. If you wish to accept the engagement you can do so online where this facility is available or you can inform the office by telephone or email on the following numbers. You are also able to use these numbers to contact the office to enquire about work.

Service: Recruitment

Email: joinbartsbank@bankpartners.co.uk

Telephone: 0333 577 3391

Service: Nursing & Midwifery Bookings (including HCAs)

Email: bartsnursebookings@bankpartners.co.uk

Telephone: 0333 577 3390

Service: Medical & Dental Bookings

Email: bartsdoctorsbookings@bankpartners.co.uk

Telephone: 0333 577 3393

Service: Allied Health Professionals Bookings

Email: bartsAHPbookings@bankpartners.co.uk

Telephone: 0333 577 3392

Service: Admin & Clerical Bookings

Email: bartsadminbookings@bankpartners.co.uk

Telephone: 0333 577 3394

If the engagement is cancelled before it commences, every effort will be made to notify you at the earliest opportunity and to offer you a suitable alternative engagement wherever possible.

3.0    ENDING YOUR REGISTRATION

If you wish to leave the Staff Bank you should complete and return the Leaving the Staff Bank form which is available by emailing bartsbankpayroll@bankpartners.co.uk.

If you have not undertaken any work for the Staff Bank for a period of 12 months we reserve the right to de-register you from Staff Bank unless you have previously notified the Staff Bank Office to say that you will be unavailable to provide services for a period of time. In such circumstances if you subsequently wish to undertake further work, you will have to re-register. The length of time this takes may depend on the period of time for which you have not provided services to the Staff Bank and may not necessarily involve you having to go through all the registration steps again, provided that applicable pre-appointment checks are still valid.

You are required to give the Staff Bank office at least one week’s notice of termination of an engagement if you will not be able to complete an engagement with a pre-arranged date.

Staff Bank reserves the right to terminate an engagement at any time for operational reasons. If Staff Bank terminates your engagement before any originally agreed date, as much notice as possible will be given to inform you of the end date for that particular engagement. You will be paid for any work undertaken on a particular engagement up to and including your last working day. Registration, in itself, with Staff Bank, does not give you an automatic right to any notice of termination of registration.

4.0    OCCUPATIONAL HEALTH REQUIREMENTS

You will be required to complete an occupational health questionnaire and be deemed fit to work prior to commencement of your registration with Staff Bank, this may require you undergoing a medical examination during your period of registration.

5.0    PROFESSIONAL REGISTRATION

It is your responsibility to maintain your professional registration (e.g. with the Nursing and Midwifery Council, the Health Professions Council or the General Medial Council) where this is required for you to provide services through the Staff Bank. If your professional registration should cease for any reason you must inform the Staff Bank office and cease working on your particular engagement, immediately. It may be possible to offer you an alternative engagement in a capacity which does not require formal registration until the matter is resolved. For further information regarding professional registration and lapses of professional registration please refer to the Trust Policy on Professional registration for clinical practitioners.  A copy can be obtained from your designated booking line manager or the Trust intranet.

Before you undertake any engagement with the Trust, you will be required to provide verification of your professional registration number and its current validity, and also proof of your identity (e.g. passport) and eligibility to work in the UK.   You will not be allowed to undertake any engagement unless the relevant pre-appointment checks have been confirmed by the Trust.

6.0     BLOOD BORN VIRUSES AND INFECTION

All Nurses, Midwives, HCAs and other professionals who have direct clinical care for patients, have a duty to keep themselves informed and updated on the codes of professional conduct and guidelines on HIV infection and Hepatitis B or C laid down by their regulatory bodies. Any healthcare worker who has strong suspicion or is likely to have been exposed to infection with HIV or Hepatitis B or C, in whatever circumstances, must promptly seek and follow confidential professional advice on whether they should be tested for HIV, Hepatitis B or Hepatitis C. Failure to do so may breach the duty of care to patients. For further information please refer to the Trust’s Blood Born Virus Policy.

7.0     CRIMINAL RECORD CHECKING (Disclosure & Barring Service Checks – DBS)

All engagements offered through the Staff Bank are exempt from the provisions of Section 4 (2) of the Rehabilitation of Offenders Act 1974. As such, you are required to inform the Staff Bank of any criminal convictions you have, even if they are ‘spent’.  If you are not sure what this means please contact the Staff Bank office.

In addition, the Trust requires all Staff Bank workers who have access to patients as part of their normal day to day work to have an enhanced DBS check, as this may involve working with children or vulnerable adults. It is a condition of registering with the Staff Bank that you agree to such checks being undertaken. If the Staff Bank subsequently receives an unsatisfactory check, or you do not declare any convictions that then show on your check or you do not provide the relevant information for the check to be carried out, it may be necessary to remove you from the Staff Bank. Any such removal shall be in the absolute discretion of the Staff Bank.

8.0     UNIFORMS & IDENTITY BADGES

Where required, uniforms must be worn in line with Trust uniform policy – a copy of which is available in your induction pack. Copies can also be obtained from your designated booking line manager or on the Trust intranet.

Identity badges must be worn at all times when in any Trust premises.

9.0     SAFEGUARDING

Barts Health NHS Trust has a safeguarding policy for both adults and children and is committed to all Safeguarding legislation and current standards.

10.0   MANDATORY TRAINING AND INDUCTION

On registering with the Staff Bank you will be advised of the Staff Bank Policies and Procedures. This details what mandatory training is required by the Trust. All mandatory training for bank workers is managed by the Trust partner, Bank Partners.

It is your responsibility to ensure that your mandatory training is kept up-to-date. If your mandatory compliance expires, you will be stopped from working until you are able to demonstrate that you have renewed your training.

On commencement of your first work in any Ward or Department the individual in charge is required to provide you with a local induction. More information is available within the Induction Policy available either through your designated booking line manager or the Trust intranet.

11.0 CONFLICT OF INTEREST

All workers must register any gifts and/or hospitality accordingly.  The Trust considers it to be a serious offence for anyone, in connection with the Trust, to accept gifts and hospitality, other than by way of a token nature, from any person or business with whom you or the Trust is involved. This also includes an offer to a third party or acceptance of any benefit whether financial or in kind from any other party (other than the proper remuneration from the Trust).  If  in  doubt  you  should  seek  advice  from  the  Staff Bank  office  or  assigned manager. Failure to comply with this policy will be treated as misconduct and may result in your removal from the Staff Bank Register.

PART 2 - TERMS APPLYING TO EACH ENGAGEMENT

1.0    GENERAL

The terms applying to your engagement with the Staff Bank are as described below. They will apply to you each time you accept an engagement that has been offered to you by the Trust and will last for the period of that engagement. On each occasion you are confirming your acceptance of these terms by accepting the offer of the engagement.

2.0    RULES, REGULATIONS AND POLICIES

Your engagement is subject to you adhering to Trust policies and procedures. Details of Trust policies and procedures are available from your designated booking line manager or on the Trust intranet. It is your responsibility to familiarize yourself with each Ward or Department where you undertake work.

3.0    SPECIFIC TERMS FOR EACH ENGAGEMENT

The terms will be described to you when you are offered the engagement.

4.0    SUBMISSION OF TIMESHEETS

For administration, medical locum and AHP engagements an electronic timesheet is provided via the Ipoint system and you will confirm your acceptance by completing the timesheet, thereby making a claim for payment on the basis of those terms.  Please read your timesheet carefully before completing it.

The Staff Bank Office will inform you of the arrangements for completion and deadlines for the submission of all electronic timesheets.

You are responsible for ensuring the accuracy of the information submitted on each timesheet. If you miss the deadline for the submission of your pay claim, your pay will be delayed until the following week.

Timesheets need to be completed for each individual shift worked and submitted via Ipoint. Timesheets must be submitted on a weekly basis. Any accumulated Timesheets will not be paid unless in exceptional circumstances.

All Nursing and HCA bank shifts on Health Roster must be finalised by the Ward or Department Manager.

You understand that if you knowingly provide false information on any timesheet(s) this may result in disciplinary action and your removal from the Staff Bank. In addition you may be subject to an investigation which may result in prosecution and civil recovery proceedings.

By signing your timesheet you consent to the disclosure of information from your Timesheets to and by the Trust and the NHS Counter Fraud and Security Management Service for the purpose of claims and the investigation, prevention and prosecution of fraud.

5.0    WORK

Your work for a particular engagement will be described to you when you are offered the engagement by the Staff Bank Bookings Team.  You may also be supplied with a job description and person specification if available.

Whilst undertaking work on a department if you are required to sign documents or records you must always do so with a full signature and state that you are a bank worker.

During an engagement you may be asked to undertake work not originally specified which may be reasonably required and are commensurate to the grade allocated to that engagement. You should not undertake work beyond your level of competence or professional registration. Equally, during periods when members of staff or other workers are absent, you may be asked to undertake different work to that which you might normally perform, commensurate to your grade.

During an engagement you are expected and required to be flexible and move to another site, ward or department as directed to you by a manager. You may be asked to work additional hours during an engagement, at your and the Trust’s discretion.

6.0    PLACE OF WORK

To ensure cover across all Trust sites, you may be requested to be flexible and work across any of the Trust locations.

7.0    PAYMENTS

7.1    Grade/Band of Pay for each engagement

Your grade/band for each engagement will be determined according to the work that you are required to carry out during that period, using the same banding definitions that apply to employees of the Trust.   The manager will confirm the grade/band other post to be covered to the Staff Bank and you will be required to state this banding on your timesheet.

7.2    Rates of pay

The pay scales for the bands/grades covered by the Staff Bank are available from the Staff Bank office, and are expressed as hourly rates.

7.3    Increments

There will be no incremental pay progression on Staff Bank pay rates.

7.4    Frequency/Method of Payment

You will be paid weekly, through a BACS payment into your nominated bank/building society account.

7.5    Recovery of overpayment of pay and other payments

The Staff Bank reserves the right to recover any over payment of monies or any other sums due from you, by making deductions from your Staff Bank pay in appropriate circumstances.

8.0    ANNUAL LEAVE

Your annual leave entitlement will depend on the number of hours that you actually work and will be pro-rated on the basis of a full-time entitlement of 28 days’ holiday during each full holiday year (including all public holidays in England and Wales).

At the end of each holiday year (which runs from 1 April to 31 March the Staff Bank will pay you in lieu of any accrued but untaken holiday for that holiday year. Any claim for accrued but untaken holiday must be submitted by 31 March (i.e. the last day of the relevant holiday year), otherwise it will be lost.

9.0     HOURS OF WORK – AVERAGE WEEKLY LIMIT

Under the Working Time Regulations 1998, workers have the right not to work more than 48 hours per week on average.

If you already have a full-time substantive position with the Trust you are advised that a maximum of one additional 12-hour shift may be worked per week.

You have an individual responsibility for the number of hours you work in all engagements that you may have to ensure that you do not work hours that would prevent you from delivering a safe level of patient/client care.

You must not work more than 48 hours per week, averaged over a 17-week period. This includes hours worked in all jobs that you may have, overtime, hours actually worked during on-call, resident on-call and standby.

Staff Bank members must not work back to back shifts on the same day/night as a Study Day. Staff Bank members may not work a Staff Bank shift during sick leave, compassionate leave, maternity leave or special leave.

Staff Bank  members  may  not  undertake  work  resulting  in  back  to  back  working.    The following is considered unacceptable:

working a half late, full early, full late, or long day, directly followed by a night shift
working a night shift directly followed by a full early, half early, long day or full late
Any members undertaking such work patterns will be subject to action which may result in removal from the Staff Bank register and/or disciplinary action (up to and including dismissal).

In exceptional circumstances alternative patterns of work may be agreed at the discretion of the Director of Operations, Director of Nursing, Associate Directors, General and Service Managers and Site Managers.

Staff Bank workers may work on occasion whilst on unpaid maternity leave i.e. short-term project work, on agreement by your line manager and at the discretion of the Temporary Staffing Manager providing that the work done does not constitute part-time working. In this event, regular shifts should be untaken via returning to work their substantive post on a part-time work pattern.

10.0   RESTRICTIONS

Ward/Department managers can request Staff Bank to withhold work from members who have a substantive post within the Trust, after they have returned from a period of sickness/absence.

Below outlines the periods to which substantive Staff are unable to work through Staff Bank after a period of sickness.

Number of days of sickness

Work restriction

1 – 5 days sickness - no Staff Bank work for 14 days

5 – 20 days sickness - no Staff Bank work for 28 days

20 + days sickness - no Staff Bank work for 56 days

This period can be varied at the discretion of your line manager according to service needs.

11.0   CHANGE OF PERSONAL DETAILS

It is very important that you inform the Trust of any changes to your personal circumstances such as change of address, telephone number, bank or building society details for payment of salary, next of kin, dependents, marital status, gain of qualifications, criminal convictions, loss of driving license, etc. You should ensure the Staff Bank team is aware of such changes so that your details may be updated on the Electronic Staff Record (ESR) and the Bank Partners registration system.

12.0   MATERNITY, PATERNITY, ADOPTION AND PARENTAL LEAVE AND PAYLEAVE AND PAY

Temporary workers may, subject to meeting certain statutory requirements, be entitled to statutory maternity, paternity, adoption and parental leave and pay, but not to any additional occupational benefits from the Trust. If you believe that you may be entitled to any such leave/pay in respect of any period, you should seek advice from the Staff Bank Office and/or Benefits Agency.

13.0   HEALTH AND SAFETY

You are reminded of your responsibilities for health and safety at work under the Health and Safety at Work Act 1974.  These include the duty to take reasonable care for the health and safety of you and of others in your work activities, and to co-operate with the Trust in the discharge of its statutory duties.  You must adhere strictly to the policies and procedures on health and safety, and report all accidents, dangerous occurrences, unsafe practices or damage to your assigned manager promptly using the Trust’s incident reporting system. You must make use of appropriate training, safety equipment, protective clothing and footwear and attend training. Failure to comply with these requirements may result in your removal from the Staff Bank Register.

14.0   EQUALITY AND DIVERSITY

The Trust is committed to equality and diversity. It recognizes that discrimination is unacceptable and that it is in the best interest of the Trust and the population it serves to utilise the skills of the total workforce. Failure to comply with or adhere to the Trust’s Human Rights, Equality and Diversity Policy may result in your removal from the Staff Bank Register.

15.0   HARASSMENT AT WORK

Harassment at work is not acceptable in any form. Failure to comply with or adhere to the Trust’s Dignity at Work Policy may result in your removal from the Staff Bank Register.

16.0   STANDARDS OF CONDUCT

You are bound by the provisions of the NHS Standards of Business Conduct Policy as amended from time to time by the NHS Executive and which are contained in the Trust’s Standing Orders.  You are directed to read these standards, which are available from Staff Bank. Workers whose roles include handling monies and/or procuring goods and services must adhere to the Trust’s Standing Orders and Standing Financial Instructions, which are available from the Finance Department. It is the responsibility of Staff Bank Members to ensure that they are not placed in a position which risks or appears to risk conflict between their private interests and their work as a Staff Bank member. Failure to comply with or adhere to the Standards of Business Conduct may result in your removal from the Staff Bank Register.

17.0    CODE OF CONFIDENTIALITY

You must at all times be aware of the importance of maintaining confidentiality of information gained by you during your engagement. A copy of the Trust policy is available from the Staff Bank office. This will in many cases include access to personal information relating to service users. You must treat all information in a discreet and confidential manner and particular attention is drawn to the following:

Data protected information regarding service users must not be disclosed either orally or in writing to unauthorized persons. It is particularly important that you should ensure the authenticity of telephone enquiries.

Written records, computer records and correspondence pertaining to any aspect of the Trust’s activities must be kept securely at all times.

You have an obligation to ensure that computer systems which you use are protected from  inappropriate  access  within  your  direct  area  of  practice  e.g.  By ensuring that personal access codes are kept secure.

All data held, the way it is managed and the procedures associated with it must conform to the requirements of the Data Protection Act 1998. Under the Act service users and staff have a right of access to their records on application to the appropriate manager. This can be read in conjunction with the Trust’s Data Protection Policy.

If it is necessary to share information in order to effectively carry out your work for the Staff Bank, you must make sure that as far as is reasonable this information will be exchanged on a strictly ‘need to know’ basis, using the minimum that is required and be used only for the purpose for which the information was given. If unsure seek advice from the Medical Director who is the Trust Caldecott Guardian.

Conversations relating to confidential matters affecting clients should not take place in situations where they may be overheard by passers-by, e.g.  In corridors, reception areas, lifts and cloak rooms. The same confidentiality must also be observed in dealing with work related matters appertaining to work colleagues.

Any breach of confidentiality may result in your removal from the Staff Bank Register.

18.0    PATIENT AND PUBLIC INVOLVEMENT

The Trust has a statutory duty to involve service users, care workers and the public in the work of the organisation. It considers that Patient and Public involvement is the responsibility of every individual working for the Trust, and this includes the Trust’s temporary workers.  All workers have a responsibility to listen to the views of patients and to contribute to service improvements based on patient feedback. You will be expected to support the Trust in this aim through your working practice during your engagements through the Staff Bank.

17.0    OWNERSHIP OF INFORMATION

The Trust wishes to emphasize that all papers, files and those in electronic form are the property of the Trust and remain so irrespective of origin or authorship.

18.0    STAFF BANK PROCEDURES

The Disciplinary Guideline details about how performance issues will be managed within the Trust.  A copy is available on the Trust intranet via your line manager.

19.0    RAISING CONCERNS (WHISTLE BLOWING POLICY)

Your attention is drawn to the extract set out below from the Trust’s Raising Concerns Policy.  This Policy is intended for use by employees of the Trust, but members of Staff Bank are encouraged to follow its principles if they have any work-related concerns to which its principles may apply.

It is recognized that staff can feel worried about raising concerns and the Trust wants to ensure that staff are able to do so with total assurance that any issue they raise will be dealt with sensitively. The Trust policy details what action a member of staff can take, however where staff feel unable to use the internal processes or wish to confidentially discuss a concern before raising it, the following arrangements have been put into place:

The Trust has an external confidential telephone line where employees can make a protected disclosure. The confidential external whistleblowing hotline number is 0800 197 2814 or the confidential whistleblowing email is blowingthewhistle@ciceap.co.uk or whistleblowing@bartshealth.nhs.uk.

20.0    ACCEPTANCE USAGE POLICY

If you are required to use the Trust’s IT systems as part of any engagement you undertake you will abide by the Trust IT Acceptance Usage Policy a copy of which is available from the Staff Bank office.

You realise that the Trust’s security software may record and store, for management use, the electronic email messages you send and receive, the internet address of any site that you visit, and any network activity in which you transmit or receive any kind of file. This includes using Trust communication systems including telephones, pagers and other mobile communication devices.

Any serious violation of this policy could lead to your removal from the Staff Bank Register AND/OR criminal prosecution.

21.0    CONFIDENTIALITY

You must not divulge or communicate to any third party whatsoever (other than in so far as it may be necessary to do so in the performance of your bank work or with the approval of your assigned manager) or use, take away, conceal, destroy or retain for your own or another's advantage or to the detriment of the Trust, any of the trade secrets, accounts, financial or trading information or other confidential information which you may receive or obtain in relation to the businesses, finances, dealings, employees or patients of the Trust. This restriction shall continue to apply after the termination of this engagement save to the extent that such information is, or becomes other than through a breach of this clause, within the public domain.

22.0    RESEARCH GOVERNANCE

The Trust manages all research in accordance with the requirements of the Department of Health Research Governance Framework for Health and Social Care 2001.  As a Staff Bank Member of the Trust you must comply with all reporting requirements, systems and duties of action put in place by the Trust to deliver research governance.   If, in the course of your bank work, you undertake any form of research you agree to make yourself familiar with the Research Governance Framework and agree to accept the responsibilities associated with your role that are outlined within it.

23.0    ALCOHOL

All Staff Bank Members are expected to report for duty in a fit state to do all their bank engagement properly, efficiently and safely.

The Trust will offer help to those whose drinking habits are affecting performance or those who are worried about their drinking habits. Further information is held within the Alcohol and Substance Abuse policy which is available from the Staff Bank Office.

24.0    SMOKING

The Trust endorses the principle that whether people smoke or not is a matter of personal choice, but where they smoke is a matter of public concern. The policy on smoking and health protects non-smokers and requires that all the Trust’s premises are smoke free.

25.0    OTHER CHANGES

It is very important that you inform the Staff Bank office of any changes to your personal circumstances  such  as  change  of  address,  telephone  number  (including  changes  in personal mobile phone numbers), bank or building society details for payment of bank pay, next of kin, gain of qualifications, criminal convictions, and loss of driving license.

STAFF BANK REGISTRATION AGREEMENT

This Staff Bank Registration Agreement does not constitute a contract of employment between you and Barts Health NHS Trust.

If you agree to join the Staff Bank on the terms specified, you should sign one copy of this contract in the space provided at the bottom of this page, and return it to the Staff Bank Office within 5 days of the date of issue. You are advised to keep a signed copy for your personal records.

CONFIRMATION OF ACCEPTANCE OF REGISTRATION AGREEMENT

I have read and understood the Staff Bank Registration Agreement and details attached and I confirm that I accept them. I understand that I am subject to the rules, regulations and policies of the Barts Health Staff Bank.

 

Dear {name}

Casual services to Great Ormond Street Hospital for Children NHS Foundation Trust

I am pleased to confirm the offer to place you on the Nursing & HCA Bank staff register to undertake casual work at Great Ormond Street Hospital NHS Foundation Trust. The commencement date of this agreement is the date of your first bank shift. 

This offer was made conditional on the Trust's receipt of satisfactory references, Occupational Health clearance and DBS check. 

During the provision of your services, you will:

(a)     be responsible both to the Nursing & HCA Bank office and your “supervisor/Line Manager/Nurse in Charge” on any assignment offered to you;

 

(b)     at all times conform to health & safety rules and procedures and other relevant Trust policies and procedures, regulations and codes of practice (as amended from time to time) as they apply to you as a bank worker providing services to the Trust. Copies of the Trust's policies and procedures are available on Gosh Web. In particular, bank workers should read and comply with the Bank Worker Guidelines (as amended from time to time).  For the avoidance of doubt, these documents do not form part of your terms of engagement.

1. Assignments and status of work

Each offer of work by the Trust which you accept shall be treated as an entirely separate and severable engagement (an assignment). The terms of this contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.

You will not be an employee of the Trust and at no time will there be any mutuality of obligation between you and the Trust. You may be offered assignments by the Trust at its discretion, but there will be no obligation on the Trust to offer an assignment or for you to accept it on any particular occasion.  By signing this letter of engagement, you confirm your understanding that the Trust makes no promise or guarantee of a minimum level of work to you and you will work on a flexible, "as required" basis.  It is the intention of both you and the Trust that there will be no mutuality of obligation between the parties at any time when you are not performing an assignment.

The fact that the Trust has offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.

You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify the Company immediately if you cease to be so entitled at any time.

2. Trust Values and Expected Behaviours

Over 2000 of our staff, patients and parents have developed a set of Values – Our Always Values. These are the values that should characterise all that we do and our behaviours with our patients and families and each other. Our Always Values are that we are:

Always Welcoming
Always Helpful
Always Expert
Always One Team
All staff registered on the Nursing & HCA Bank are expected to uphold the Trust’s values and behaviours and act in accordance with these at all times. The Trust expects that each of its bank workers shall act in such a manner as to justify public trust and confidence and to uphold and enhance the good standing and reputation of Great Ormond Street for Children NHS Foundation Trust. Individuals must therefore at all times carry out their duties with due regard to the Trust’s values and behaviours and the Trust’s Equality At Work Policy.

3. Days/Hours of work

In respect of an offer of an assignment which is made by the NURSING & HCA BANK office and accepted by you, your hours will be as agreed with you on each occasion. It is your responsibility to present yourself for duty at the appropriate and agreed location on time, and to be immediately and suitably prepared to commence your duties. Failure to attend assignments you have accepted, without good reason, may be regarded as a disciplinary matter.Where the working day is longer than 6 hours, staff must take a break of at least 20 minutes.  Rest breaks must be taken during the period of work and should not be taken at the beginning or end of the working day. The Trust does not provide for paid work rest breaks.

The Trust reserves the right to terminate an assignment at any time for operational reasons. You will be paid for all work done during the assignment up to the time it is terminated.

4. Working Time Regulations

Under regulation 4(1) of the Working Time Regulations 1998 ("the Regulations"), the average working time of a worker, including overtime, must not exceed 48 hours a week the Trust must ensure that it does not offer you work which would result in you working for more than 48 hours in any week. You must therefore keep the Trust consistently informed of the hours that you are working for any third party, so that the Trust can comply with its obligations under the Regulations.

In addition, if you undertake work for a third party (i.e. another Trust, a company or any self-employment), you must ensure that you understand the requirements of the Regulations (as set out on the Working Time Regulations). You are responsible for ensuring that you take adequate rest breaks in between your periods of work, in accordance with the Regulations.  This means that you should not accept an assignment from the Trust, if in working the hours under the assignment, you would breach the Regulations. 

If at any time you are concerned that you are not compliant with the Regulations, please let your assignment supervisor and the Nursing & HCA Bank know as soon as possible so that the situation can be rectified.  Please note that any failure to do so may be regarded as a disciplinary matter. 

5. Rate of Pay

You will be paid at the hourly rate relevant to the particular assignment you are undertaking and subject to completion and submission of appropriate authorised timesheets. You will be paid for actual hours worked and are not entitled to payment for any periods of absence. Your pay will be subject to deduction of income tax and National Insurance and pension contributions. You will be paid weekly, one week in arrears to a bank account of your choice, provided your electronic timesheet has been authorised by the relevant line manager.

For the avoidance of doubt, as you are not an employee of the Trust, you will not be entitled to any benefits other than those specifically set out in this letter.

6. Pension

You will automatically become a member of either the NHS Pension Scheme, which is contracted out from the State Earnings Related Pension Scheme (subject to eligibility) or the NOW pension.  Further information about the NHS Pension Scheme can be found within the following link, including information on how to opt out of the NHS Pension Scheme:  www.nhsbsa.nhs.uk/Pensions.aspx. Further information about The People’s Pension can be found here: https://thepeoplespension.co.uk/guidance-and-advice-for-members/. Once enrolled into The People’s Pension if you wish to opt out, please contact the Bank team.

 7. Annual leave

You are entitled to the equivalent of 5.6 week’s annual holiday during each holiday year (including all bank holiday entitlements), calculated on a pro rata basis depending on the number of hours that you actually work. Your holiday entitlement is therefore equivalent to 12.07% of the hours that you actually work and will be paid to you as and when you submit your timesheet. This percentage is indicated on each payslip and a breakdown is available on the pay rates sheet. .   

We understand that bank workers desire flexibility in their working hours.  The Trust pays your holiday pay in this way so that you can also be flexible with when you choose to take your annual leave.  It is your responsibility to ensure that you plan for and take your pro-rata 5.6 weeks' annual leave around your shifts.

Although you are paid for holiday as set out above, it remains open to you to take annual leave during the course of an assignment.  For the avoidance of doubt, holiday pay for annual leave during assignments is still paid as 12.07% of the hours that you work in each pay slip (as set out above); you receive no additional pay if you choose to take your annual leave during an assignment, as opposed to between assignments.

If you wish to take annual leave during an agreed Line of Work, you must agree the dates of any proposed annual leave with your Line Manager and the Nursing & HCA Bank. The Trust will seek to accommodate any annual leave requests, subject to the impact on the service, business needs and staffing levels.  Leave requests must also be submitted, wherever possible, within a reasonable amount of time prior to the intended commencement of the period of annual leave and at least 2 weeks prior to the planned leave.  You should have no expectation that requests with less than 2 weeks' notice will be granted and it will often not be appropriate for annual leave to be granted during the course of a short assignment.

8. Sickness

If you are unable to work owing to sickness or injury during a period when you have agreed to undertake a assignment, please report the reason for your absence as soon as possible and always as early as possible before your shift is due to start, on each day of absence to the Nursing & HCA Bank in an ongoing assignment .Late notification of absence may result in disciplinary action being taken against you, particularly if it occurs on a regular basis.

You may be eligible to Statutory Sick Pay (SSP) based on the hours worked and your average earnings over the last eight weeks in line with the SSP Regulations (as amended from time to time). For periods of sickness of 7 days or more where SSP is claimed you must provide a medical certificate signed by a doctor. Failure to notify of sickness absences promptly may result in loss of SSP. There is no contractual right to SSP; your entitlement to SSP will be subject to your eligibility as determined by the SSP Regulations (as amended from time to time).  Please note that regular episodes of absence during assignments may be managed, if appropriate, under the Bank Worker Disciplinary Procedure.

9. Training and professional registration

It is your responsibility to ensure that you maintain and develop your competencies in the fields in which you practice. You have an on-going duty to undertake learning and development activities, including refresher activities, for the purposes of your continuing professional development. If you fail to adhere to the Trust requirements around statutory and mandatory training the Trust reserves the right to refuse or cancel any assignment.

If you are engaged in an area of work which requires membership of a professional body in order to practice, you must have and maintain membership of that professional body.  It is also your responsibility to comply with the relevant bodies' codes of practice as laid down from time to time.  If you are required to hold registration with a particular professional body, the bank team may require you, on demand, to provide documentary evidence of your registration with that professional body.

You are required to advise the bank team if your professional body in any way limits or changes the terms of your registration or practice.  You must also inform the bank team of any referrals to the relevant professional body on the grounds of your conduct or fitness to practise.  Failure to remain registered, comply with any relevant code of practice or notify the Trust of any referrals or limitations to your registration or practice, may result in suspension from an assignment and/or disciplinary action.

10. Criminal record and barring checks

Registration with the Nursing & HCA Bank is subject to satisfactory DBS clearance.  Post registration, you are required to inform the Bank of any criminal investigations, prosecutions or convictions against you while you remain registered as a bank worker.  You are not entitled to withhold information about any criminal convictions which for other purposes are "spent" under the provisions of that Act.  Any failure to disclose such convictions may result in disciplinary action.

In the event that the Trust seeks to repeat your DBS check, you must co-operate with and consent to any such application. Failure to comply with such a disclosure request may result in disciplinary action and may mean that the Trust is unable to offer you any work.

11. Infection Control & Hand Hygiene

All Trust staff, including bank workers, are required to be familiar with, and comply with, Trust policies for infection control and hand hygiene in order to reduce the spread of healthcare-associated infections.  For clinical staff with direct patient contact, this will include compliance with Trust clinical procedures and protocols, including uniform and dress code, the use of personal protective equipment policy, safe procedures for using aseptic techniques, and safe disposal of sharps.  All staff are required to attend mandatory training in Infection Control and be compliant with all measures known to be effective in reducing healthcare-associated infections.

12. Confidentiality

You shall not use or disclose to any person, either during or at any time after your engagement by the Trust, any confidential information about the Trust, or about any other matters which may come to your knowledge as a result of carrying out assignments. For the purposes of this clause, confidential information means any information or matter which is not in the public domain and which relates to the affairs of the Trust, its staff or patients.  In particular, all information concerning patients must be treated as strictly confidential at all times and should not be disclosed without the express permission of the relevant treating clinician.

For the avoidance of doubt, nothing in this letter shall prejudice any rights you have under the Public Interest Disclosure Act 1998 (or any professional obligations you may have) to raise concerns about patient safety and care with regulatory or other appropriate statutory bodies.  Staff wishing to raise concerns about health service issues (whistleblowing concerns) are encouraged to do so in accordance with the Trust’s “Guidance for Staff on Raising Issues of Concern Relating to Health Care and Fraud or Corruption in the Trust” which includes a grievance procedure.  Copies are available from the Human Resources Directorate.

13. Trust Property

All documents, manuals, hardware, software and equipment provided for your use by the Trust, and any data or documents (including copies) produced, maintained or stored on the Company's computer systems or other electronic equipment (including mobile phones), remain the property of the Company.

Any Trust property in your possession and any original or copy documents obtained by you in the course of your work for the Trust shall be returned to assignment supervisor at any time on request and in any event at the end of each assignment.

14. Conflicts of Interest

When accepting an assignment, you must inform the Nursing & HCA Bank of any conflict of interest you may have in working the assignment, either with your work for a third party, any personal commitment or similar.  Equally, you must inform the Nursing & HCA Bank immediately if any such conflict of interest arises, or you become aware of any conflict of interest, during the course of an assignment.

15. GDPR

You consent to us holding and processing, both electronically and manually, the data that we collect about you, in the course of your working relationship with us, for the purposes of the administration and management of our staff and our services and for compliance with applicable laws, procedures and regulations.

16. Intellectual Property Rights

Intellectual Property Rights (IPR) arising from work expressly required from a bank worker in the course of their engagement with the Trust shall automatically, on creation, vest in the Trust absolutely.  IPR includes: patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

17. Termination

If you wish your name to be removed from Nursing & HCA Bank register you should inform the Nursing & HCA Bank as soon as possible, giving at least 1 weeks’ notice.

The Trust may remove your name from its Nursing & HCA Bank register by giving you one month's notice in writing.

The Trust may terminate this contract immediately by giving notice in writing to you if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct.  Please refer to the Bank Workers Disciplinary Procedure.

18. Changing terms and conditions

The Trust may review its requirement for bank workers from time to time and/or may update the terms on which it offers such work. In the event of any changes to the terms on which it is prepared to engage bank workers the Trust may terminate this contract with immediate effect by giving notice in writing to you and you may, at the Trust's absolute discretion, be offered a new contract for bank work. For the avoidance of doubt, if the Trust decides to terminate this contract you will not be entitled to any further payments from the Trust other than any outstanding salary and holiday pay.

It is agreed that the Temporary Worker shall provide the Services for the Client in accordance with these Terms which is a contract for services.

1. Definitions and interpretation

1.1 In these Terms, unless the context otherwise requires, the following definitions shall apply:

“Agreed Deductions” means any deductions the Temporary Worker has agreed can be made from their pay.

"Application Documents" means any documentation, application form or other written information provided by the Temporary Worker to the Company about the experience, training, qualifications, authorisations and general suitability of the Temporary Worker for performing the Services.

"Assignment" means each assignment from time to time agreed by the parties in accordance with these Terms, the details of which Assignment shall be sent out in the Booking Confirmation.

"Assignment Requirement" means details of services and experience and qualifications any potential client including the Client may require.

"Booking Confirmation" means details of an Assignment in respect of which the Temporary Worker's services are engaged.

"AWR" means the Agency Workers Regulations 2010 as amended and updated from time to time.

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.

"Client" means the Client named in the Booking Confirmation.

"Client's Group" means the Client, any body corporate of which the Client is a subsidiary (as defined in section 1159 of the Companies Act 2006), any other subsidiary of such body corporate and any subsidiary of the Client.

"Client's Systems" means Systems made available by the Client to the Temporary Worker for use in relation to the Services.

“Company” means Pulse Healthcare Ltd, a company incorporated and registered in England and Wales with company number 03156103 whose registered office is at 9 Appold Street, London, United Kingdom, EC2A 2AP.

"Company's Group" means the Company, any body corporate of which the Company is a subsidiary (as defined in section 1159 of the Companies Act 2006), any other subsidiary of such body corporate and any subsidiary of the Company.

"Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended and updated from time to time.

"Data Protection Laws" means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of personal data including: (i) EU Regulation 2016/679 as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the "UK GDPR"); (ii) the Data Protection Act 2018 ("DPA"); and (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; in each case, as updated, amended or replaced from time to time.

“Deductions” means any deductions which the Company may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions.

“Emoluments” means any pay in addition to the Qualifying Payment Rate.

"End User" means any client or customer of the Client for whom, or at whose premises, the Services are performed under these Terms.

"Force Majeure" means an event which is beyond the reasonable control of the party affected and which has the effect that that party is prevented from performing its obligations under these Terms including, but not limited to: acts of God, expropriation or confiscation of facilities, any form of Government intervention or action, war, hostilities, rebellion, terrorist activity, local or national emergency (including an emergency service to a hospital), sabotage or riots, and floods, fires, explosions or other catastrophe, global or national epidemics, pandemics, outbreak or other crisis. Force Majeure does not include:

(a) failure to adequately to test any equipment supplied by a third party or other service component prior to installation, or any consequence of any such failure or;

(b) strikes or other industrial action;

(c) failure to secure materials or resources; or

(d) any events which could be reasonably foreseen by either party having regard to their obligations under these Terms.

"Good Industry Practice" means the exercise of the skill, diligence, prudence, foresight and judgment which would be expected from a suitably skilled and experienced person engaged in the same type of Services, applying the best standards currently generally applied in the healthcare industry.

"Loss" means any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).

“Payment Rate” means, unless and until the Temporary Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Booking Confirmation.

“Period of Extended Hire” means any additional period that the Client wishes the Temporary Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee.

“Qualifying Payment Rate” means the rate of pay which will be paid to the Temporary Worker if and when s/he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) weekly in arrears, subject to Deductions and any Agreed Deductions and shall be as notified to the Temporary Worker at least 24 hours before the Temporary Worker completes the Qualifying Period.

"Qualifying Period" means 12 calendar weeks or more such that the Temporary Worker completes the qualifying period in accordance with Regulation 7 of the AWR;

"Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Temporary Worker worked for the Client having been supplied by the

Company; or (b) the period of 14 weeks commencing on the first day on which the Temporary Worker worked for the Client having been supplied by the Company 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.

"Systems" means telecommunications systems, IT systems and security systems.

“Temporary Worker” means the individual identified as such in the Booking Confirmation.

"Terms" means the agreement between the Company and the Temporary Worker comprising the terms set out in this document including any Booking Confirmation relating to the relevant Assignment.

“Transfer Fee” means the fee payable by the Client to the Company in accordance with clause 3.9, as permitted by Regulation 10 of the Conduct Regulations.

"Vulnerable Person" means any person who by reason of age, infirmity, illness, disability or any other circumstances is in need of care and attention and includes any person under the age of 18.

"Work Results" means any item of work carried out and delivered pursuant to these Terms as part of or arising out of the Services.

“WTR” means the Working Time Regulations 1998

1.2 Each term starting with a capital letter and not defined in clause 1.1 or elsewhere in these Terms is as defined in the Booking Confirmation.

1.3 Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of issue of these Terms) and all subordinate legislation made (before or after the date of issue of these Terms) under it from time to time.

1.4 Where the context permits, words denoting:

(a) persons shall include bodies corporate and unincorporated associations of persons;

(b) the singular shall include the plural and vice versa; and

(c) one gender shall include any gender.

1.5 The Temporary Worker acknowledges and agrees that these Terms shall apply on and from the Assignment start date (“Start Date”) and for the term of the relevant Assignment. For the avoidance of doubt, these Terms terminate once an Assignment ends (being either the end date (“End Date”) or where the Assignment has been terminated in accordance with clause 9 or otherwise as provided under the Booking Confirmation, the relevant termination date). Once these Terms terminate:

(a) the Temporary Worker shall automatically cease to be engaged by the Company

(b) there shall be no ongoing obligations between the parties in relation to the provision of services or making work available and paying for it, and

(c) the Company shall not be under any obligation to find or offer work to the Temporary Worker.

1.6 In the event of any conflict or inconsistency between the Booking Confirmation and the terms in this main agreement the terms of the Booking Confirmation shall take precedence.

1.7 Where the Services are, at the request of the Company or the Client, performed wholly or in material part at the premises and/or for the benefit of an End User then all references in these Terms to the "Client" shall be deemed to include such End User, provided that this clause 1.7 shall be severable and shall not apply to the extent that it would otherwise render any provision of these Terms void or unenforceable.

2. Temporary Worker's obligations

2.1 The Temporary Worker is not obliged to accept any Assignment offered by the Company but if the Temporary Worker does accept an Assignment, throughout the Assignment and afterwards where appropriate, the Temporary Worker shall:

(a) supply the Services in accordance with Good Industry Practice at all times taking responsibility for the way in which the Services are performed;

(b) co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organisation;

(c) observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain;

(d) deliver completed timesheets (in a form approved by the Company and to whomever the Company states the Temporary Worker shall deliver the timesheet to) at the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) to indicate the number of hours worked during the preceding week (or such lesser period); and

(i) shall contact the Company immediately if it envisages or is experiencing any problems which may delay or have delayed the delivery of timesheets to the Client in accordance with this clause 2.1(d);

(ii) acknowledges that failure by the Temporary Worker to deliver and return any timesheet may delay payment to the Temporary Worker while the Company makes enquiries to verify the hours worked 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 Temporary Worker. The Company shall make no payment to the Temporary Worker for hours not worked; and

(iii) confirms that, the Temporary Worker is aware that it could be a criminal offence to falsify any timesheet, for example by claiming that the Services were supplied for hours for which they were not in fact supplied;

(e) provide the Services from the Start Date until the End Date during the hours set out in the Booking Confirmation;

(f) comply with all health and safety, site and security regulations applicable at the Location(s) to the extent that they apply to the type of work required for the provision of the Services;

(g) comply with all the Client's regulations, policies and protocols as notified by the Client, and/or the Company from time to time except where such regulations and policies relate solely to employees of the Client;

(h) comply with the Client's IT security policies and protocols when accessing or using the Client's Systems (which it may only do with the consent of the Client);

(i) not engage in any conduct detrimental to the interests of the Company or the Client, including, without limitation, any conduct likely to bring the Company or the Client into disrepute;

(j) supply to the Company copies of any relevant qualifications or authorisations that the Temporary Worker is required by the Client of by law or any professional body to have in order to provide the Services to the Client;

(k) not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Company's or the Client's staff;

(l) not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Client’s or the Company’s employees, patients, business affairs, transactions or finances;

(m) on completion of the Assignment or at any time when requested by the Client or the Company, return to the Client or where appropriate, to the Company, any Client property or items provided to the Temporary Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing;

(n) comply with any codes of conduct and/or regulations applicable to the profession of the Temporary Worker including, but not limited to, the administration of drugs and sterile techniques, the General Medical Council's publication 'Good Medical Practice' or codes of conduct for the Nursing and Midwifery Council and the Health and Care Professions Council, relating to the conduct of practitioners if applicable;

(o) not accept gifts from clients, individuals or their families when carrying out the Assignment;

(p) where required, attend the minimum number of meetings specified in the Booking Confirmation;

(q) inform the Company as soon as reasonably practicable and before the 37 hours of work are completed if the Temporary Worker will work longer than the normal hours for the Client's organisation in any given week or in any event more than 37 hours in any given week.

(r) not without the prior written consent of the Company undertake or perform services outside of the United Kingdom.

2.2 Where the Assignment involves working with any Vulnerable Persons, the Temporary Worker shall also supply to the Company a full copy of an up-to date Disclosure and Barring Service certificate and where the Disclosure and Barring Service Update Service has been utilised, evidence to show the DBS remains current will be required and a minimum of two references from persons who are not related to the Temporary Worker.

2.3 The Temporary Worker agrees that the Company may request additional information from the Temporary Worker and from any professional body of which the Temporary Worker is a member.

2.4 If the Temporary Worker accepts any Assignment offered by the Company, as soon as possible prior to the Start Date and during the Assignment (as appropriate) and at any time at the Company's request, the Temporary Worker shall:

(a) inform the Company of any Calendar Weeks prior to the Start Date and/or during the Assignment in which the Temporary Worker has worked in the same or a similar role with the relevant Client via any third party and which the Temporary Worker believes count or may count toward the Qualifying Period;

(b) provide the Company with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Company; and

(c) inform the Company if, since 1 October 2011, the Temporary Worker has prior to the Start Date (and/or during the Assignment) carried out work which could be deemed to count towards a continuous employment (by reason of end of one assignment and commencement of another being deemed not to break continuity or in accordance with Regulation 9 of the AWR) because s/he has:

(i) completed two or more assignments with the Client;

(ii) completed at least one assignment with the Client and one or more earlier assignments with any member of the Client's Affiliate; and/or

(iii) worked in more than two roles during an assignment with the Client and on at least two occasions worked in a role that was not the same role as the previous role;

(d) inform the Company at least 1 week prior to the commencement of the Assignment or shift if the Temporary Worker is unable for any reason to attend work during the course of an Assignment. In the event that it is not possible to inform the Company within these timescales, the Temporary Worker should alternatively inform the Client and then the Company as soon as possible; and

(e) notify the Company without delay if, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why the Temporary Worker may not be suitable for an Assignment.

2.5 Subject to clause 2.6 below, the Temporary Worker shall take out public liability and professional indemnity insurance policies with reputable insurers to cover the Temporary Worker's liabilities that may arise under or in connection with these Terms. This clause shall not apply to healthcare assistants or care and support workers.

2.6 Where the Temporary Worker is a surgeon, physician, doctor, dentist, nurse or midwife or other allied healthcare professional (including a social worker) or a registered health professional then the Temporary Worker must (at their own expense) belong to and subscribe to and be insured by:

(a) the Medical Defence Union or Medical Protection Society or other equivalent organisation (in the case of a surgeon, physician, doctor or dentist);or

(b) the Royal College of Nursing or other equivalent organisation (in the case of a nurse); or the Royal College of Midwives or other equivalent organisation (in the case of a midwife); or

(c) other similar insurance scheme such as Unison, GMB, BACP or a private provider like Lloyds (for other registered health professionals) and that the insurance scheme covers all the Temporary Worker's liabilities which may arise under or in connection with these Term.

In the event that the Temporary Worker does not have such insurance cover the Temporary Worker must inform the Company immediately and not provide any Services and/or shall immediately cease providing any Services.

2.7 The insurance cover referred to in clause 2.5 and 2.6 above shall, unless a lower amount has been previously agreed by the Company in writing, not be less than:

(a) £10million for any doctor;

(b) £3 million for all other roles.

2.8 The Temporary Worker shall on request supply to the Company the relevant insurance certificates for any insurance required in accordance with clause 2.5 and/or 2.6 (the "relevant insurance policies") giving details of cover and/or evidence that the relevant premiums have been paid.

2.9 The Temporary Worker shall comply with all terms and conditions of the relevant insurance policies at all times. If cover under the relevant insurance policies shall lapse or not be renewed or be changed in any material way or if the Temporary Worker becomes aware of any reason why the cover under the relevant insurance policies may lapse or not be renewed or be changed in any material way, the Temporary Worker shall notify the Company without delay and shall not provide any Services and/or shall immediately cease providing any Services.

2.10 The Temporary Worker acknowledges that any breach of the obligations set out in this clause 2 may cause the Company to suffer loss and that the Company reserves the right to recover such losses from the Temporary Worker.

3. Assignments and Information to be provided

3.1 The Company will advertise or otherwise communicate ("advertise") Assignment Requirements on the Company’s website.

3.2 The Temporary Worker may apply for any suitable Assignment from time to time as advertised by the Company and if the Temporary Worker decides to apply, he/she shall do so in accordance with the application process detailed in the relevant Assignment Requirement.

3.3 The Temporary Worker shall supply the relevant Application Documents when applying for suitable Assignments.

3.4 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:

(a) the Company advertises Assignments and it is the responsibility of the Temporary Worker to determine their suitability to providing the services detailed in the Assignment Requirement;

(b) once the Temporary Worker has applied for an Assignment, whether or not the Assignment is of the work to be offered to the Temporary Worker shall be determined solely by the Company; and

(c) the Company shall incur no liability to the Temporary Worker should it:

(i) fail to offer advertised Assignments suited to the Temporary Worker's skillset; or

(ii) fail to offer Assignments to the Temporary Worker following the Temporary Worker's application.

3.5 At the same time as an Assignment is offered to the Temporary Worker the Company shall provide the Temporary Worker with a Booking Confirmation setting out the following:

(a) the identity of the Client, and if applicable the nature of their business;

(b) the date the Assignment is to start and how long the Assignment will last or is expected to last;

(c) the type of work, location (provided that this will not be outside the United Kingdom) and hours during which the Temporary Worker would be required to work;

(d) the Payment Rates and any expenses payable by or to the Company;

(e) 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; and

(f) 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.

3.6 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:

(a) the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker has previously been supplied within the previous 5 Business Days and such information has already been given to the Temporary Worker and remains unchanged; or

(b) subject to clause 3.7, the Assignment is intended to last for 5 consecutive Business Days or less and such information has previously been given to the Temporary Worker before and remains unchanged, the Company needs only to provide written confirmation of the identity of the Client and the likely duration of the Assignment.

3.7 Where the provisions of clause 3.6(b) are met but the Assignment extends beyond the intended 5 consecutive Business Day period, the Company shall provide such information set out in clause 3.3 to the Temporary Worker in paper or electronic form within 8 days of the start of the Assignment.

3.8 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Temporary Worker commences the Assignment and for the avoidance of doubt time spent travelling to and from the Client's premises, lunch breaks and other rest breaks do not count as part of working time for the purposes of the WTR.

3.9 If, before or during the Assignment or during the Relevant Period, the Client wishes to engage the Temporary Worker directly or through anyone other than the Company, the Temporary Worker acknowledges that the Company will be entitled either to charge the Client a Transfer Fee or to agree a Period of Extended Hire with the Client at the end of which the Temporary Worker may be engaged directly by the Client or other third party without further charge to the Client. In addition the Company will be entitled to charge a Transfer Fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

3.10 If the Temporary Worker has completed the Qualifying Period on the Start Date or at any time during the Assignment, and if the Temporary 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 AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions, the Company shall confirm at least 24 hours in advance what those updated terms and conditions shall be and these shall be implemented by the Company upon such completion of the Qualifying Period.

4. Payment of fees

4.1 Subject to clause 2.1 and subject to the Temporary Worker performing the Services in accordance with these Terms, the Company shall pay the Temporary Worker fees calculated on the basis of the Payment Rates or (as applicable) the Qualifying Payment Rates , (the "Fees") by bank transfer in arrears in accordance with the timescales set out in the Booking Confirmation.

4.2 The Temporary Worker shall only be entitled to receive Fees based on rates other than the Normal Rate where the Client has authorised the relevant work to be done at such rates or the Qualifying Payment Rate applies.

4.3 The Company will (as required by law) deduct PAYE income tax, any employee Pension Act contributions and National Insurance contributions and social security levies (if any) from the Fees and will remit such sums to the appropriate authorities.

4.4 The Payment Rates/Qualifying Payment Rates are inclusive of all fees, bonuses, commission, holiday pay or other Emoluments referable to the Assignment, whether payable under contract or otherwise, but excluding those payments or rewards as listed in Regulation 6(3) of the AWR. Details of how holiday pay is calculated will be set out in the Booking Confirmation.

4.5 When breaking down how the Temporary Worker receives its Fee, the Company may be required to not only ensure that the overall Fee that the Temporary Worker receives is not less than a "comparable employee" within the meaning of Regulation 5(4) of the AWR (including any individual working for and under the supervision and direction of the Client and engaged in the same or broadly similar work as the relevant Temporary Worker having regard, where necessary, to whether they have the same level of qualification and skills ("Deemed Comparator")), but also that each individual component of Pay (as defined under the AWR) that the Temporary Worker receives is no less than what a Deemed Comparator receives.

4.6 Whilst the Company is confident that the Temporary Worker's Fee covers aggregate pay at a rate that is higher than a Deemed Comparator's aggregate pay, it may not always be clear to the Company how each individual component is paid to the Comparator. However, where it becomes apparent that employment tribunals take the view that each individual component of Pay is to be treated separately and/or the Company receives detailed information from the Client or any other relevant person about the individual components of Pay then the Company shall be entitled at any time to reissue the Temporary Worker's payslip, detailing and separating out how much of each component of Pay is paid to the Temporary Worker.

4.7 Where the Temporary Worker is entitled to a performance related bonus, the Temporary Worker will comply with any requirements of the Company or the Client relating to the assessment of the Temporary Worker's performance for the purpose of determining entitlement and amount of such bonus. If the Temporary Worker satisfies the relevant assessment criteria, the Company will pay the Temporary Worker the bonus less any deductions that the Company is required to make by law on a conditional accelerated benefits basis and will therefore be rolled up within the Temporary Workers weekly pay.

4.8 Subject to the terms of these Terms, the Company undertakes to pay monies due to the Temporary Worker in respect of the Services carried out by the Temporary Worker under these Terms whether or not the Company has received a corresponding payment from the Client in respect of such Services.

4.9 Unless otherwise agreed in writing, the Temporary Worker shall not be entitled to claim from the Company (or the Client) any expenses incurred in connection with the performance of the Services.

4.10 If the Company has reason (whether at the request of the Client or otherwise) to undertake an investigation into the Temporary Worker's performance or conduct, the Temporary Worker will be restricted from working without pay and the Temporary Worker will have no right to earn or receive any Fees during the period of any such suspension. The Temporary Worker acknowledges that he/she is paid only for work actually carried out during the Assignment and that in the event that any investigation does not uphold any allegation against the Temporary Worker the Temporary Worker shall have no right to receive any Fees in respect of any lost opportunity to work on the Assignment during that time and, in the event that the Assignment and/or these Terms is terminated the Temporary Worker shall have no right to be reinstated to any Assignment and/or be provided with alternative work.

4.11 Subject to any statutory entitlement under the relevant legislation referred to in clauses 4.16 (Annual leave) and 6 (Sickness absence) below and any other statutory entitlement, the Temporary Worker is not entitled to receive payment from the Company or the Client for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

4.12 Subject to compliance with Regulation 12 of the Conduct Regulations the Company reserves the right in its absolute discretion to deduct from the Temporary Worker’s pay any sums which s/he may owe the Company including, without limitation, any overpayments or loans made to the Temporary Worker by the Company or any Losses suffered by the Company as a result of his/her negligence or breach of either the Company’s or the Client’s rules.

4.13 If the Company provides any equipment or clothing to the Temporary Worker to be used in the course of an Assignment with the Client, the Temporary Worker must take reasonable care of the equipment or clothing. Furthermore the Temporary Worker must return any equipment or clothing to the Company upon termination of the terms or within 3 days of a request from the Company. In the event that the Temporary Worker does not comply with the obligations set out in this clause, the Company reserves the right to deduct the cost of replacement equipment or clothing from any sums owed to the Temporary Worker. The question of whether the Temporary Worker has taken reasonable care of the equipment or clothing will be solely assessed by the Company’s reasonable judgement.

4.14 The minimum rate of remuneration shall be no less than the minimum rate of pay applicable under the National Minimum Wage legislation and guidance as applicable on the date of the Assignment.

4.15 The Company shall comply with its obligations under the Pensions Act 2008.

4.16 For the avoidance of doubt the Temporary Worker shall not be entitled to contact the Client regarding a complaint or enquiry about the Fee.

5. Annual leave

5.1 The Temporary Worker will be entitled to accrue, on a pro rata basis, 5.6 weeks holiday per holiday year.

5.2 Entitlement to payment for leave under clause 5.1 accrues in proportion to the amount of time worked by the Temporary Worker on Assignment during the leave year. In the course of any first year of an Assignment, the Temporary Worker is entitled to request leave at the rate of one- twelfth of the Temporary Worker's total holiday entitlement for the leave year, per complete month of the Assignment. For the avoidance of doubt, a Temporary Worker ceases to be engaged by the Company at the end of each Assignment and accordingly entitlement to annual leave does not accrue between any Assignments.

5.3 On completion of the Qualifying Period, the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Workers entitlement to paid annual leave under the WTR and in accordance with clauses 5.1 and 5.2 ("enhanced annual leave"). In those circumstances, the Company will inform the Temporary Worker of any such enhanced annual leave entitlement, the date from which such entitlement will commence and how payment for such entitlement accrues. For the avoidance of doubt, the Temporary Worker ceases to be engaged by the Company at the end of each Assignment and accordingly, entitlement to enhanced annual leave does not accrue between any Assignments.

5.4 The Temporary Worker shall endeavour to co-operate with the Client's requirements at all times. Holiday during an Assignment may only be taken on written notice by the Temporary Worker to the Company of at least twice the intended length of the holiday taken during an Assignment and with the Client's prior approval. The Temporary Worker must record all authorised holiday in the relevant timesheet. In certain circumstances the Company may require the Temporary Worker to take paid annual leave at specific times within the Assignment or notify the Temporary Worker of periods when paid annual leave cannot be taken during an Assignment.

5.5 Where the Temporary Worker has given notice of a request to take annual leave during an Assignment, the Company may require the Temporary Worker to postpone or reduce the particular period of annual leave that the Temporary Worker wishes to take. In such circumstances the Company will inform the Temporary Worker in writing, giving at least the same notice as the period of annual leave that it wishes to postpone or reduce it by.

5.6 Save where this clause is amended by the Booking Confirmation, where a bank holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, then subject to the Temporary Worker having accrued entitlement to payment for leave in accordance with clause 5.2 or clause 5.3 (if applicable), that day shall count as part of the Temporary Worker’s paid annual leave entitlement.

5.7 For the purposes of these Terms, the Company's holiday year will be the 12 month period commencing on the 1st January and ending on the 31st December. All entitlement to annual leave must be taken during the course of the holiday year in which it accrues (or during the length of the Assignment, if shorter) and, save as may be set out in the relevant Booking Confirmation, none may be carried over into the next holiday year where an Assignment extends beyond a holiday year. The Temporary Worker is responsible for ensuring that all annual leave is requested and taken within the holiday year.

5.8 The amount of holiday pay which the Temporary Worker will receive in respect of periods of annual leave accrued during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Temporary Worker has worked during that Assignment (or if lower, during 52 working weeks of that Assignment) and in accordance with clause 5.1, 5.2 and 5.3 ("Holiday Pay"). The Company understands that Temporary Workers prefer to receive advances of holiday pay in order to avoid forgetting to claim it and/or to help pay in advance for the cost of holidays. As such accrued entitlement to Holiday Pay will, be paid alongside the Temporary Workers weekly pay. This may mean that Holiday Pay is not paid to the Temporary Worker when the Temporary Worker takes their annual leave because the relevant holiday pay has already been paid. The accrued Holiday Pay paid to the Temporary Worker will be confirmed (i) in a rate schedule provided to the Temporary Worker on registration (and on any pay rate change) and/or available on request from the Temporary Worker's recruitment consultant contact at the Company and/or (ii) on each Booking Confirmation and/or

(iii) on the Temporary Worker's payslips.

5.9 Where an Assignment is terminated by either party, holiday entitlement shall cease to accrue.

6. Sickness and other absence

6.1 The Temporary Worker shall not be entitled to any contractual payment from the Company for absence due to sickness or any other reason (save for holiday absence in accordance with this Agreement). This shall not affect any entitlement the Temporary Worker may have to receive statutory sick pay.

6.2 If the Temporary Worker is unable to provide the Services to the Client by reason of sickness, injury, emergency or bereavement on any day when due or expected to provide the Services to the Client, the Temporary Worker shall notify both an appropriate representative of the

Company and of the Client prior to the agreed start time on the first such day of absence (or as soon as practicable thereafter) stating the reason for absence and the anticipated length of absence.

6.3 If the Temporary Worker continues to be unable to provide the Services to the Client by reason of sickness, injury, emergency or bereavement on any day when due or expected to provide the Services to the Client, the Temporary Worker shall notify both the Client and the Company on any subsequent days of absence prior to the agreed start time of that subsequent day.

6.4 Where the Temporary Worker is entitled to receive statutory sick pay, the Temporary Worker shall provide the Company with evidence of incapacity to work which may be by way of a self- certificate for the first 7 days of incapacity and a doctor’s certificate thereafter. For the purposes of statutory sick pay there is one qualifying day per week during the course of an Assignment and that qualifying day shall be the Wednesday in every week.

6.5 In the event that the Temporary Worker submits a statement of fitness for work (“the Statement”) or similar medical evidence, which indicates that the Temporary Worker may be subject to certain conditions, be fit to work/return to work, the Company will in its absolute discretion determine whether (a) any Temporary Worker's on-going Assignment shall be terminated and/or (b) will be permitted to continue in an on-going Assignment. In making such determination the Company may consult with the Client and the Temporary Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.

6.6 Where clause 6.5 applies, the Temporary Worker’s placement in a new Assignment or continuation in an on-going Assignment may be subject to the Temporary Worker agreeing to a variation of the Terms or the assignment details to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.

7. Temporary Worker's status

7.1 The parties acknowledge that the Temporary Worker is not the employee, agent, partner or servant of the Company (or the Client) and accordingly:

(a) these Terms are not an exclusive arrangement and subject to clause 2.1(i) nothing in these Terms shall prevent the Temporary Worker from engaging in other services for any third party;

(b) the Company is not obliged to put the Temporary Worker forward for consideration by the Client for the provision of services nor is the Temporary Worker obliged to provide services to the Client beyond the termination or expiry of these Terms;

(c) the Temporary Worker shall comply with all legal and fiscal obligations of the country in which the Services are performed including but not limited to the WTR or local equivalent (if applicable) and any requirement to register residency;

(d) the Temporary Worker shall comply with the provisions of the Immigration, Asylum and Nationality Act 2006 (the "Act") in all relevant respects and, if it is subject to immigration control for the purposes of such Act, the Temporary Worker warrants that he is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the provision of the Services;

(e) the Temporary Worker shall indemnify the Company (or, as the case may be, the Client) from and against any Losses which the Company (or, as the case may be, the Client): may suffer or incur as a result of the failure of the Temporary Worker to comply with any of the representations, warranties and/or undertakings in this clause 7; and/or would not have suffered or incurred but for:

(i) the Temporary Worker claiming to be; and/or

(ii) some official, public body or authority for any purpose regarding the Temporary Worker as, an employee of the Company (or, as the case may be, the Client) or otherwise entitled to any rights or benefits that employees (as opposed to agency workers) enjoy.

8. Confidentiality and Intellectual Property

8.1 The Temporary Worker shall:

(a) keep confidential all information relating to the Company's, the Client's or any other Company client's business and affairs (including, for the avoidance of doubt, Payment Rates and Qualifying Payment Rates) ("Confidential Information") which may become known to it in connection with the supply of the Services or these Terms;

(b) not use any Confidential Information except for the purposes of performing the Services;

(c) without delay enter into any and all assignments of intellectual property rights (relating to the Work Results) or confidentiality undertakings that the Company or the Client may require it to enter into;

(d) not without the Client's express written permission remove from the Client's premises any material containing any Confidential Information;

(e) on request, return to the Company (or any other entity as the Company may direct) all material in its possession or control and belonging to the Client or the Company and/or containing Confidential Information;

(f) deliver up to the Client or the Company (as directed) at the end of each Assignment all documents and other materials belonging to the Client (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and

(g) not at any time to make any copy, abstract, summary or précis 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 its duties under an Assignment in which event any such item shall belong to the Client or the Company as appropriate.

8.2 The Temporary Worker hereby assigns to the Client all present and future intellectual property rights in or relating to the Assignment including, without limitation, the right to sue for past infringements. Accordingly the Temporary Worker shall execute all such documents and do all such acts as the Company shall from time to time require in order to give effect to its rights pursuant to this clause.

8.3 The Temporary Worker shall from time to time do all such acts and things and sign all such documents (without cost to the Company or the Client) at the request of the Company as may be necessary to perfect the assignments referred to in clause 8.1(c).

8.4 The Temporary Worker shall indemnify the Company against any Loss the Company incurs or suffers arising from any breach of the Temporary Worker's obligations under this clause 8.

9. Termination

9.1 The Company may terminate the Assignment at any time without prior notice or liability.

9.2 The Temporary Worker may terminate the Assignment by giving notice to the Company, calculated by reference to the length of the Assignment in accordance with the following table:

 

Length of Assignment	Notice period
0 days up to and including 6 days	Not less than 24 hours' notice
More than 6 days but not more than 6 weeks	2 Business days' notice
More than 6 weeks but not more than 13 weeks	5 Business days' notice
More than 13 weeks but not more than 26 weeks	10 Business days' notice
More than 26 weeks	14 Business days' notice

9.3 These Terms shall automatically expire at close of business on the End Date save that if the Assignment has not been completed by the End Date and the Client has confirmed to the Company that it wishes to extend the Assignment expiry shall be upon the date of actual completion of the Assignment as notified by the Client to the Company.

9.4 These Terms may be terminated prior to the End Date by the Company by notice with immediate effect (or, for the purpose of clause 9.4(n)(i) only, by the same period of notice as the Company receives from the Client, less one day) if:

(a) the Temporary Worker fails to attend the Location to provide the Service; does not inform the Client or the Company that they are unable to attend work during the course of an Assignment (as required in clause 2.4(d)) this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 9.1, unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 2.4(d);

(b) the Temporary Worker fails to return completed signed timesheets in accordance with the provisions of clause 2.1(d);

(c) The Temporary Worker fails to comply with insurance requirements in accordance with the provisions of clauses 2.5 -2.9;

(d) the Company becomes unable to commence, continue or completely perform its obligations under these Terms for an uninterrupted period of 14 (fourteen) days by reason of Force Majeure affecting the Company and/or the Client and which is not within the respective control of the Company or the Client;

(e) the Temporary Worker has in relation to these Terms committed an act or omission of dishonesty, incompetence or negligence; or is convicted of any indictable criminal offence (other than, where the Services do not require the Temporary Worker to drive, a road traffic offence for which a penalty of imprisonment is not imposed); or becomes bankrupt, applies for, or has made against him, a receiving order or makes any composition with his creditors;

(f) the Company receives or obtains information which gives the Company reasonable grounds to believe that the Temporary Worker is unsuitable to provide services for the Client; or, if the information indicates that the Temporary Worker may be unsuitable, that the Company has reasonable grounds to believe that the Temporary Worker is unsuitable after the Company has made such enquiries as are reasonably practicable as to such suitability;

(g) the Company receives or obtains information which gives the Company reasonable grounds to believe that the Temporary Worker does not have permission to live and work in the United Kingdom or that the Temporary Worker's right to live and work in the United Kingdom has been revoked;

(h) the Company or the Client considers that the Temporary Worker has committed any serious breach of the obligations or committed any act of gross misconduct. Non- exhaustive examples of gross misconduct include dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring the Company and/or the Client into disrepute.

(i) the Temporary Worker fails to provide to the Company any information requested by the Company on or prior to the Start Date;

(j) the Company has reason to believe that the Client will not meet its payment obligations;

(k) the Temporary Worker is asked to undertake work for which he is not suitably qualified;

(l) if the Temporary Worker is absent during the course of the Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.4(a) above the Company will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Temporary Worker was assigned is no longer available.

(m) if the Temporary Worker does not report to the Company to notify his/her availability for work for a period of 3 weeks;

(n) for any reason the Client:

(i) terminates its corresponding agreement with the Company; or

(ii) notifies the Company that it considers that the Temporary Worker has committed any act of gross misconduct; or

(iii) cancels its requirement for the Services prior to the Start Date, in relation to the provision of the Services by the Temporary Worker, and, for the avoidance of doubt, the Company shall incur no liability for Losses in connection with any such termination.

9.5 Termination or expiry of these Terms shall be without prejudice to the rights of the Company and/or the Client arising directly or indirectly out of the acts and/or omissions of the Temporary Worker prior to, in connection with or as a result of such termination or expiry.

9.6 In the event the Temporary Worker is terminated in accordance with clause 9.4(g) the Company may but shall not be obliged to carry out an investigation into any such misconduct allegations. There are no disciplinary rules and procedures, or grievance procedures, applicable to your engagement as a Temporary Worker. These procedures do not form part of these Terms and the application is entirely at the Company's discretion.

9.7 If you wish to raise a complaint you may submit a complaint following the Company's complaints procedure. Any complaint procedure does not form part of your contract of engagement as a worker and the complaint is entirely at the Company's discretion.

9.8 The Company's liability to the Temporary Worker for any Loss arising from the Company's breach of these Terms or of any statutory provision, negligence, misconduct or otherwise is limited to the fees that are payable to the Temporary Worker for the Assignment in respect of which the Company's liability to the Temporary Worker arose and limited to the Temporary Workers direct Loss only. The Temporary Worker shall use its reasonable endeavours to mitigate any Loss suffered arising out of or in connection with the Assignment. The Company's liability for death or personal injury arising from the Company's negligence and the Company's liability for its fraud or fraudulent misrepresentation is not limited or excluded.

9.9 Without prejudice to clause 9.4 the Temporary Worker shall indemnify the Company from and against any Losses for which the Company may be liable under the terms of its contract(s) with the Client and which arise as a direct or indirect result of the negligence of or breach of these Terms by the Temporary Worker or which arise as a direct or indirect result of a fraudulent act or omission by the Temporary Worker.

10. Details and identity of Temporary Worker

10.1 The Temporary Worker warrants:

(a) the correctness of the information supplied to the Company in any Application Documents;

(b) that the Temporary Worker has the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body for the Temporary Worker to possess in order to perform the Services; and the Temporary Worker shall, at the request of the Company, provide confirmation of its identity and written references and co-operate in any checks in relation to experience, training, qualifications and authorisations relevant to the performance of the Services;

(c) that the Temporary Worker is legally entitled to work in the United Kingdom;

(d) that the Temporary Worker has no criminal convictions which would reasonably affect the Company's and/or the Client's decision to allow the Temporary Worker access to the Location(s), the Client's Systems or to provide the Services;

(e) that the Temporary Worker is willing (or would be so willing if it were an individual) to work in the position the Client seeks to fill (to the extent that it is accurate to describe the provision of the Services under these Terms as "working in a position"); and

(f) that the Temporary Worker is not prevented by any other agreement or arrangement or any restriction (including, without limitation, a restriction in favour of any employment agency, employment business, or client) from fulfilling in full their respective obligations under these Terms.

10.2 The Company reserves the right to carry out, or instruct a third party to carry out any compliance checking, included but not limited to electronic identity checking procedures, to verify the identity of the Temporary Worker.

10.3 The Company has passed on a copy of the Company's privacy policy to the Temporary Worker informing the Temporary Worker of its right to pass his/her personal data to such a third party checking service for the purposes of and on the lawful grounds set out in such notice.

10.4 Subject to any relevant Data Protection Laws and in accordance with the Company privacy notice, the Company shall retain Application Documents for a minimum of 12 months following the termination of an Assignment. For the avoidance of doubt, this does not mean the Company is under any obligation to provide suitable Assignments for the Temporary Worker.

 

11. Data Protection

11.1 The terms "Personal Data", "Data Controller", "Data Subject", "Data Processor" and "process/processing" (and their derivatives) used in this clause 11 shall have the meaning given in applicable Data Protection Legislation. "Third Party" means a third party, such as a recruitment process outsourcing company, which is part of the supply chain through which the Temporary Worker provides the Assignments to the Company. References to "consent" shall mean a form of consent which complies with the requirements of Article 7 of the GDPR. "Client Data" means any Personal Data (other than Personal Data related to the Temporary Worker) held and processed by the Company or Client, whether as a Data Controller or Data Processor.

11.2 The Temporary Worker shall keep the Company informed of any changes to the Temporary Workers Personal Data, including name, address and bank details.

11.3 The Temporary Worker acknowledges that the Company and the Client must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes

11.4 The Company privacy notice sets out further details on how the Company will collect and process Personal Data of the Temporary Worker (but does not form part of these Terms). The Company’s privacy notice can be found here: https://www.pulsejobs.com/privacy-policy/. The Company will rely upon lawful grounds for processing the Personal Data of the Temporary Worker as set out in the Company privacy notice.

11.5 The Temporary Worker shall, at all times, comply with all obligations imposed under the Company policies, the Company privacy notice and, as relevant, the Client's privacy notice in each case from time to time in force. If the Temporary Worker is unclear how the policies apply, or more generally, how to comply with the law on data protection, please speak to the Privacy team.

11.6 If the Temporary Worker discovers a data breach, they must notify the Company urgently and, if practicable, within one hour, providing details on the circumstances of the breach. A data breach occurs where there is destruction, loss, alteration or unauthorised disclosure or access to personal data which is being held, stored, transmitted or processed in any way.

11.7 Failure to comply with the obligations under this clause 11 will in most circumstances be considered to be a serious disciplinary offence which may lead to disciplinary action against the Temporary Worker (up to and including termination of these Terms with immediate effect).

11.8 The Client shall be a Data Controller with respect to Client Data processed by the Temporary Worker in connection with these Terms. The Temporary Worker acknowledges and agrees that the Company is not involved in the performance of the Services and that therefore Client Data will not (other than that relating to relevant hiring managers at the Client) generally pass via the Company to the Temporary Worker or otherwise be processed by the Company. As such, the Temporary Worker shall process any Client Data accessed or obtained as a result of the Assignment, as processor for the Client and the Temporary Worker shall comply with the Client's instructions, privacy and data processing policies when processing Client Data. The Temporary Worker warrants and undertakes that they:

(a) have read and understood the Client's privacy notice (as updated from time to time);

(b) shall do nothing to place the Client, the Company or any Third Party in breach of Data Protection Legislation;

(c) will comply with the Data Protection Legislation and all other relevant law relating to the processing of personal data.

11.9 The Temporary Worker shall give any additional undertakings the Client may require regarding use of Client’s Data.

11.10 The Temporary Worker shall provide such information to the Company relating to the processing of the Client's Personal Data as is required by the Company (including without limitation information relating to the Company use of the Client's Personal Data).

11.11 Notwithstanding clause 11.2, to the extent that either party processes any Personal Data as a Data Processor on behalf of the other party in connection with these Terms or the Services, the first party will comply with the provisions and obligations imposed on a Data Processor by the GDPR, including the stipulations set out in Article 28(3)(a)-(h) of GDPR which form a part of, and are incorporated into, these Terms as if they were set out in full, and the reference to "documented instructions" in Article 28(3)(a) shall include the provisions of these Terms. 

11.12 The Temporary Worker shall indemnify the Company for any losses the Company incurs or suffers arising from any breach of any warranty contained in this clause 11.

12. AWR

12.1 For the purposes of this clause, the following definitions will apply:

"Relevant Terms and Conditions" means the basic working employment conditions of an individual after an individual has completed the Qualifying Period to which an individual would be entitled under the AWR (including pay, duration of working time night work rest periods, rest breaks and annual leave) if they were employed or engaged directly by the Client (including any variations in those relevant terms and conditions made at any time after the Qualifying Period); and

"Pay" means "pay" as defined under Regulation 6(2) of the AWR.

12.2 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Temporary Worker will receive the Qualifying Payment Rates.

12.3 The Company takes its obligations under the AWR seriously. Whilst the Company makes all reasonable efforts to ensure that it does not breach its obligations under the AWR, if the Temporary Worker believes, or is concerned that the Company has in any way breached its AWR obligations (for example where the Temporary Worker believes it is not receiving a right he/she is entitled to under the AWR), the Temporary Worker agrees that it will first comply with the Company's internal complaints procedure (in the event of any AWR queries please speak to the Company's Managing Director or Financial Director), and the Temporary Worker and the Company shall work and co-operate together to respond to and resolve any such complaints or claims internally before it takes any external action (for example, in an employment tribunal).

13. Anti-Bribery and Modern Slavery

13.1 The Temporary Worker acknowledges and agrees that both the Company and the Client will not tolerate bribery in any form in connection with the conduct of its business. 

13.2 The Temporary Worker shall:

(a) comply with all applicable laws, statutes, regulations, codes and guidance relating to anti-bribery and anti-corruption ("Anti-Bribery Laws"), including without limitation the Bribery Act 2010;

(b) not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the United Kingdom;

(c) comply with the Company's and the Client's anti-bribery policy as updated by the Company and/or the Client or the relevant industry body from time to time ("Anti- Bribery Policies"); 

(d) not do, or omit to do, any act that will cause the Company and/or the Client to be in breach of the Anti-Bribery Laws or the Anti-Bribery Policies; and

(e) promptly report to the Company and/or the Client any request or demand for any undue financial or other advantage of any kind received in connection with the performance of these Terms.

13.3 Breach of clauses 13.1 and 13.2 shall be deemed a material breach of these Terms and the Temporary Worker shall indemnify the Company and the Client against any Losses incurred by, or awarded against the Company or the Client as a result of any breach of clause 13.2 by the Temporary Worker.

13.4 The Temporary Worker shall notify the Company of any knowledge of, or reasonable grounds for suspecting, any breach of Applicable Laws relating to slavery and human trafficking ("Notification").

13.5 The Temporary Worker shall, if requested by the Company, provide evidence or information relating to the known or suspected breach reported in the Notification made pursuant to clause 13.4.

13.6 For the avoidance of doubt, the Company shall not take any disciplinary action against the Temporary Worker, nor shall the Temporary Worker suffer any other detrimental action or treatment after a Notification has been made provided that such Notification has been raised in good faith due to a genuine concern of the Temporary Worker.

14. General

14.1 For the purposes of the Conduct Regulations the Company shall operate as an employment business in relation to finding the Temporary Worker an Assignment and supplying the Temporary Workers services for the purposes of that Assignment. In certain circumstances, the Company may provide work-finding services leading to a work-seeker being engaged directly by an end user client (and not via the Company). In these circumstances the Company will act as an Employment Agency.

14.2 These Terms constitutes the entire agreement between the parties and supersedes all previous agreements and arrangements (if any) whether written, oral or implied between the Company and the Temporary Worker relating to the Services and all such agreements still effective at the date of these Terms (if any) shall (without prejudice to the rights of the Company arising prior to the Start Date in respect of prior breaches by the Temporary Worker of which the Company is not aware) be deemed to have been terminated by mutual consent with effect from the Start Date but so that nothing in this clause 14.2 shall operate to exclude or limit the liability of any party in respect of fraud. No contract shall exist between the Company and the Temporary Worker between Assignments.

14.3 The Temporary Worker acknowledges that, in entering these Terms, it has not relied on any representations by the Company made before the execution of these Terms other than those expressly set out in these Terms.

14.4 These Terms are personal to the Temporary Worker and it shall not be entitled to assign or sub- contract its obligations or rights under these Terms to any third party or to procure that the Services are performed by any person other than the Temporary Worker. The Company shall, however, be entitled to assign these Terms to any member of the Company's Group and, upon such assignment, without prejudice to the assignor's rights in respect of matters arising prior to such assignment. All references to the Company shall be deemed to refer to the assignee.

14.5 No amendment to these Terms is effective unless it is in writing and agreed by both parties and approved by one of the Company's Managing Directors and a copy of the varied terms is given to the Temporary Worker no later than 5 Business Days following the day on which the variation was made stating the date on or after which such varied terms shall apply.

14.6 If any of the provisions of these terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

14.7 Any notice required to be given under these Terms (including the delivery of any timesheet or invoice) shall be in writing signed by a person duly authorised by the sending party and delivered by hand, sent by fax, e-mail or prepaid first class post to the recipient at its fax number or address specified in these Terms (or as otherwise notified from time to time to the sender by the recipient for the purposes of these Terms).

14.8 These Terms shall be governed by and construed in all respects in accordance with English law and the Courts of England and Wales shall have exclusive jurisdiction.

14.9 Save as set out in clause 14.10, none of the provisions of these Terms is intended to be for the benefit of, or enforceable by third parties (other than permitted assignees) and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

14.10 The Client shall be entitled to rely on and enforce the provisions of clause 7.1(e) and the indemnities given by the Temporary Worker in favour of the Client, notwithstanding that the Client is not a party to these Terms.

1. DEFINITIONS AND GENERAL

 1. In these terms and conditions:

   1. 'Assignment’ means the services for which University College London Hospitals         NHS Foundation Trust (UCLH)  engages you, the Bank Worker, to work for an           individual shift.
   2. 'Bank Worker’ means any temporary worker engaged to carry out an  Assignment on the UCLH Bank Scheme.
   3. 'Bank Partners' means Bank Partners of 9 Appold Street, London, EC2A 2AP.
   4. 'Engage’ means to book or use the services of the Bank Worker for the purpose of the Assignment and ‘engagement’ shall have a related meaning.
   5. 'Series of Assignments' means the situation where individual Assignments are booked for a consecutive period where no more than the maximum of 72 hours' break elapses between each individual Assignment.
   6. 'The parties’ is used to refer to you and us, collectively.
   7. 'UCLH’ means University College Hospitals London NHS Foundation Trust of 250 Euston Road, London, NW1 2PG.
   8. 'You’ means the individual Bank Worker to whom these terms and conditions shall apply and ‘we’, ‘us’ or similar words mean UCLH.         

 2. If you accept an Assignment that we offer you, you shall be deemed to have accepted these terms and conditions whether or not you have signed the declaration at the bottom of this agreement.
 3. Upon your acceptance of an Assignment these terms and conditions together with the booking confirmation for the Assignment shall constitute a contract for services between the parties and shall govern the Assignment that you undertake.  No contract shall exist between the parties between Assignments.
 4. For the avoidance of any doubt, these terms shall not give rise to a contract of employment between the parties.  You are engaged as a worker although we are required to make certain statutory deductions from your remuneration as is set out in more detail below.
 5. The headings contained in this agreement are included for convenience only and shall not affect the interpretation of the contents of this agreement in any way.
 6. No variation or alteration to these terms and conditions shall be valid unless approved by Bank Partners on behalf of UCLH, in writing.
 7. These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.
 8. Our waiver of any breach by you of these terms shall not be or be deemed to be a waiver of any other breach or subsequent breach of such terms.
 9. Any unenforceable or invalid term in this agreement shall be deemed severed from the valid provisions which will remain in full force and effect.

 2.OUR OBLIGATIONS TO YOU AND LIMITATION OF LIABILITY

1. We shall determine, in our sole and absolute discretion, your suitability for any Assignment which you wish to accept on our online booking system run by Bank Partners on behalf of UCLH.  We make no representation to you that you will be offered a suitable Assignment and you appreciate that there may be periods when no work may be available for you through Bank Partners.  We are not obliged to offer you any Assignment of work and we shall incur no liability to you for not doing so and you are not obliged to accept any Assignment.
2. You will be paid weekly in arrears directly to your bank account for the previous week, subject to the appropriate paperwork being provided by you to UCLH, or to Bank Partners on behalf of UCLH.  If we receive your timesheet late, payment may be delayed. Please note, payment will not be paid for any Assignment where the timesheet for such Assignment is provided to Bank Partners 3 months or more after the date of the Assignment in question.
3. Your pay is subject to deductions for PAYE Income Tax, National Insurance Contributions, pension contributions if applicable and any other amounts that we are required by law to make.  We will also be entitled to deduct from your pay or other payments due to you any money which you may owe to ULCH at any time.
4. You will only be paid for the hours that you work. You will be paid at the rate of pay agreed for the Assignment.  This rate will be equivalent to or more than the London Living Wage.  Pay rates are determined by the grade of the role required for the Assignment.  The actual rate of pay will be agreed on offer of Assignment and details will be contained in the booking confirmation.
5. You will not approach UCLH with any complaint or inquiry about the rate of pay being offered for an Assignment.  Please contact Bank Partners who will do this on your behalf.
6. Bank Partners will confirm the details of your Assignment by email.  The details of the Assignment that are confirmed to you may be changed in exceptional circumstances only and only if the change is recorded in writing by Bank Partners on behalf of UCLH.  This booking confirmation, together with these terms and conditions records our entire agreement with you.  In the event that these terms and conditions conflict with the booking confirmation, these terms and conditions shall prevail.
7. We are not responsible for any personal injury or damage you may suffer whilst on the premises or property of UCLH, whilst acting on UCLH’s instructions, or whilst travelling to or from the property or premises of UCLH.
8. If, during an Assignment, you are involved in an accident or injure yourself or a colleague at work, you must inform your designated manager for the Assignment immediately and comply with all health and safety procedures such as completing the necessary paperwork and accident book.
9. Our liability to you for any losses arising from our breach of this agreement or our negligence is limited to the fees we have paid to you for the Assignment in which your claim arises subject to a cap of 3 months' fees.  We will not in any event be liable for any consequential, special or indirect losses or loss of profits.  Our liability for death or personal injury arising from our negligence is not limited or excluded. You are advised that no liability can be accepted for any loss or damage to personal property whilst on UCLH premises.
10. We are not responsible for our failure to fulfil our obligations under this agreement if such failure is caused (directly or indirectly) by circumstances beyond our reasonable control.

 3.YOUR OBLIGATIONS TO UCLH

1. You are not obliged to accept any Assignment that we or Bank Partners on our behalf offer you, but if you do so then you agree to do so in accordance with the requirements of these terms and conditions.
2. By accepting an Assignment, you agree that you are willing to work in that position and to show flexibility in the performance of your duties when undertaking the Assignment subject to your competency to carry out the role.
3. You are obliged to attend and complete your Assignment whether or not you receive a written booking confirmation from us or Bank Partners on our behalf.

 4. PERFORMANCE OF THE ASSIGNMENT

1. Under this agreement you are engaged by UCLH to carry out Assignments as a Bank Worker.  The date of your registration with the UCLH Bank Scheme and details of any Assignments you carry out are retained by Bank Partners.
2. You shall commence the Assignment punctually and conform to the normal working hours of UCLH and as required for the Assignment unless we have expressly agreed otherwise with you and we have recorded our agreement in writing.
3. You will co-operate with UCLH’s staff and accept the supervision and instruction of any responsible person within UCLH.
4. You will observe the Health and Safety Policy of UCLH and take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions.
5. You will not smoke on the UCLH premises. You will comply with UCLH’s Uniform Policy which can be found on the intranet.
6. You will wear any form of identification that UCLH requires and display this on your clothing at all times when you are on UCLH premises.
7. Whilst carrying out your Assignment, you will adhere to the terms of any generally accepted codes of professional conduct that apply to your profession such as in the administration of drugs and sterile techniques.  You are responsible for maintaining and developing your competencies and shall cooperate with Bank Partners and supply Bank Partners with such information as they may require in order to administer and ensure that statutory and mandatory training has been undertaken.  You have an ongoing duty to undertake statutory and mandatory training (see clause 8.1 below) and you acknowledge that UCLH has the right to refuse to offer any Assignment to you or to cancel an Assignment which has been offered to you if it considers that you have not undertaken the statutory and mandatory training or that it is necessary for you to undertake learning and development activities to ensure that you can safely and effectively carry out your duties.
8. UCLH has a legal responsibility to inform and apologise to patients who use their services if there have been mistakes in their care, particularly if these mistakes lead to serious harm.  This is known as the Duty of Candour.  If you make a mistake whilst undertaking an Assignment you have a responsibility to report this immediately to the designated manager of your Assignment.
9. You will not engage in any conduct detrimental to the interests of UCLH.

 5. PLACE OF WORK

1. During each Assignment, your place of work will be UCLH NHS Foundation Trust (our correspondence address being 250 Euston Road, London, NW1 2PG) but you may be required to work at any of our premises. The details of your precise place of work for any particular Assignment will be contained in the booking confirmation.  
2. You will not be required to work outside the UK.

 6. HOURS OF WORK

1. UCLH operates on a 24-hour basis.  You have no normal hours of work and your hours will vary according to the needs of UCLH and your availability to work. The details of your precise working hours for any particular Assignment will be contained in the booking confirmation.  
2. You will be entitled to an unpaid lunch break of 30 minutes where your Assignment requires you to work more than six hours in any one day.

 7. PENSION

1. You may be eligible to be enrolled in the pension scheme for the ULCH Bank Worker Scheme, subject to relevant pension scheme rules in force from time to time. Further details of the pension scheme are available from Bank Partners. 

 8. TRAINING

1. During your engagement with UCLH:

 1. you must complete statutory and mandatory training where applicable, the majority of which will be completed online. Further details of this training are available from Bank Partners. You will not be paid for training that is completed online and you must complete it outside your working hours.  Classroom based training is usually carried out in working hours and you will therefore be paid for that as part of your Assignment.
  2. you may also be entitled to take part in various training courses which we may provide from time to time in-house.

 9. BENEFITS 

1. You are not entitled to any additional benefits.

 10. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

1. You will not disclose to any person other than a person authorised by UCLH any information that you may have acquired during or in connection with an Assignment that is not already in the public domain.  Specifically, but without derogating from the generality of the previous sentence, you will not disclose to any person other than a person authorised by UCLH any information that you may have acquired during or in connection with an Assignment concerning a UCLH authority, staff or procedures or the identity, medical condition or treatment received by any patient other than any information that is already in the public domain.
2. You shall deliver to UCLH at the end of each Assignment all documents and other materials belonging to UCLH (and all copies) which are in your possession including documents and other materials that you may have created during the course of the Assignment.  UCLH is the sole owner of any work product, including any related intellectual property rights, created during the Assignment.

 11. REQUIRED PERIOD OF NOTICE

1. This clause is subject to the provisions for shorter notice set out elsewhere in this agreement.
2. Subject to clause 11.8, in the event that you wish to cancel an Assignment before it has commenced, you will give not less than 24 hours’ notice to UCLH via Bank Partners.
3. In the event that you do not wish to complete an Assignment that you have commenced, you will give notice to UCLH via Bank Partners as follows:

LENGTH OF ASSIGNMENT/SERIES OF ASSIGNMENTS VS. REQUIRED NOTICE PERIOD:

1. Up to and including 4 weeks : 24 hours

2. 4 weeks+ up to and including 6 months : 1 week

3. 6 months+ : 2 weeks

4. In the event we wish to cancel an Assignment before it has commenced, we or Bank Partners on our behalf will give you not less than 24 hours’ notice, where reasonably practicable.  
5. In the event that we wish to cancel an Assignment that you have commenced, the Assignment may be cancelled by us or Bank Partners on our behalf giving notice to you as follows:

LENGTH OF ASSIGNMENT/SERIES OF ASSIGNMENTS VS. REQUIRED NOTICE PERIOD:

Up to and including 4 weeks : 24 hours

4 weeks+ up to and including 6 months : 1 week

6 months+ : 2 weeks

6. We are not obliged to offer you any Assignment of work and we shall incur no liability to you for not doing so. Therefore, subject to clause 11.7, in the event that an Assignment or Series of Assignments is cancelled for any reason you are not entitled to any payment for that Assignment or Series of Assignments and UCLH and Bank Partners on behalf of UCLH are under no obligation to allocate any replacement Assignment(s) to you.
7. In the event that you do not complete an Assignment or a Series of Assignments because of a cancellation under clause 11.3 or clause 11.5, you will receive payment up until the point at which the Assignment or Series of Assignments was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of the Assignment, Series of Assignments, or any other Assignments you may have booked but were unable to work due to the cancellation.
8. In the event that you become aware that you are, due to an extraordinary and unforeseen event beyond your control, unable to attend or complete your Assignment you will inform Bank Partners at the earliest possible opportunity and at least one hour before commencement of the Assignment.  In all other circumstances, you are required to work out your Assignment until your notice period is completed.
9. If you leave an Assignment without giving the required notice period we will hold you liable for any losses we may suffer as a result.
10. Nothing in this clause shall affect your status as a worker. 

 12. INFORMATION WE REQUIRE FROM YOU

1. You are required to produce evidence of your eligibility to work in the UK.
2. In the event that your circumstances change in any manner that might affect your continued eligibility to work in the UK, you will immediately inform Bank Partners of the change.
3. You must furnish Bank Partners with proof of your identity as well as evidence of your experience, training and qualifications.  Bank Partners may request additional information from you and/or from any professional body to which you belong to determine your suitability for an Assignment.

 13. MISCONDUCT, CAPABILITY AND TERMINATION OF REGISTATION

1. You will immediately inform us of any event that has resulted in disciplinary action being taken against you, any allegations of misconduct or concerns about your capability, or your suspension or dismissal from any position in which you were working in your professional capacity as a result of your alleged misconduct or concerns about your capability.  You will do this irrespective of whether or not you consider the allegations to have any foundation or substance.
2. UCLH reserves the right to investigate any concerns raised about your conduct or capability and to restrict you from undertaking Assignments pending the outcome of any conduct or capability processes. Such investigations will be carried out by Bank Partners on behalf of UCLH and UCLH will take all decisions on any formal action taken against you (including any suspension decision or any disciplinary decision, including sanctions).  In the event of a finding of gross misconduct or serious negligence on your part whether in relation to an Assignment or your substantive role if you have one, UCLH may terminate your registration on the UCLH Bank Scheme and cancel any Assignments that you have booked or that you have commenced without notice or payment in lieu of notice. 
3. We may, without incurring any liability to you, alter or cancel your Assignment at any time and at short notice in the event that:

  1. You absent yourself from your Assignment without permission or without informing us in advance;
  2. We reasonably believe that you have breached any of these terms and conditions;
  3. We reasonably believe that it may be detrimental, for any reason, to UCLH or to any other person for you to continue in a particular Assignment.
4. In the event that you are not permitted to complete an Assignment for whatever reason, you will receive payment up until the point during the Assignment at which the Assignment was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of the Assignment or any other Assignments you may have booked but were unable to work due to the cancellation.
5. In the event that UCLH cancels an Assignment or Series of Assignments for any reason you are not entitled to any payment for an Assignment or Series of Assignments that you may have booked but are unable to work and UCLH and Bank Partners on behalf of UCLH is under no obligation to allocate replacement Assignment(s) to you.

 14. DISCIPLINARY AND GRIEVANCE PROCEDURES

1. No probationary period applies to your engagement under this agreement.
2. Your attention is drawn to the disciplinary and grievance procedures applicable, copies of which are contained in a Handbook for the UCLH Bank Scheme. These procedures do not form part of this agreement.
3. If you wish to appeal against a disciplinary decision you may do so in accordance with the disciplinary procedure.
4. If you wish to raise a grievance you may do so in writing in accordance with the grievance procedure.

 15. EXPENSES

1. Unless we agree otherwise and record that exceptional agreement in writing, you are responsible for the cost of your own travel, meals, calls, accommodation and any other business expenses.  You must settle any amounts that you owe UCLH before you complete your Assignment. 
2. We will only reimburse expenses if we have agreed to do so in writing and when the expenses have been incurred wholly, necessarily and exclusively in order to perform your Assignment.
3. We will report all expenses paid to you on your P11d.  Your P11d will be submitted to the appropriate authority and is open to scrutiny.  The appropriate authority may reject any expenses that they do not consider have been wholly, necessarily and exclusively incurred in the course of your performance of your Assignment.

 16. TIME SHEETS

1. Time spent travelling to and from UCLH’s premises; lunch breaks and other rest breaks do not count as part of your working time for purposes of preparing your time sheet.
2. At the end of each week where you have undertaken an Assignment or Series of Assignments you shall present to UCLH for signature a time sheet or other written record of the hours you have worked during the preceding period. 

 17. LEAVE

1. For the purposes of calculating your entitlement to leave, the leave year commences on 1 October.  Under the Working Time Regulations, you are entitled to 5.6 weeks’ paid leave each 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.
2. Once you have been engaged on an Assignment with us the right to be paid leave begins on the first day of the Assignment.  After that time, entitlement to paid leave accrues in proportion to the amount of time you have worked continuously on assignment during the leave year.
3. The amount of the payment to which you become entitled in respect of such annual leave is calculated in accordance with and in proportion to the number of hours that you have worked continuously on assignment.  Payments for annual leave purposes are calculated on basic hours at basic rates of pay.
4. Payments made to you for Assignments worked will include a payment for holiday pay.  The proportion of the payment that is attributable to holiday pay will appear on your pay slip or can be calculated from information that we will make available to you on request.
5. You must give us notice in writing of your intention to take leave to which you are entitled and that notice should include the dates of your intended absence.  You must give us notice of at least twice the length of the period for which your wish to take leave.  Unless we inform you that it is not possible for you to take leave on the requested dates, you shall be entitled to take up your leave entitlement as notified.
6. None of the provisions of these terms and conditions regarding your statutory entitlement to paid leave shall affect your status as a worker.
7. For Medical and Dental Locums only, holiday is accrued on a pro rata basis, please note that you must take all of your accrued holiday in the defined leave year (1st October to 30th September) and you will not be allowed to carry any holiday over to the new leave year.

 18. SICKNESS

1. If you have accepted an offer of work but are subsequently unable to work the hours agreed due to sickness, you must notify Bank Partners the reason for your absence as soon as possible but no later than one hour before you are due to start work.
2. If you satisfy the qualifying conditions, you will be entitled to receive statutory sick pay (SSP) at the prevailing rate in respect of any period of sickness or injury during an Assignment, but you will not be entitled to any other payments from UCLH during such period. We will inform you if you are entitled to SSP at the relevant time.

 19. OTHER PAID LEAVE

1. You are not eligible for any other paid leave from UCLH but in certain circumstances you may be eligible for statutory payments such as statutory maternity pay, statutory paternity pay, statutory adoption pay and shared parental pay.  Further details are available from Bank Partners.  We may replace, amend or withdraw our policy on paid leave at any time.

 20. WORKING TIME REGULATIONS

1. You may not work more than 48 hours in any 7 day period from Monday to Sunday.  UCLH has the right not to offer you an Assignment where it is felt that the additional hours of work undertaken on the Assignment will prevent you from delivering a safe level of patient care.  In these circumstances, UCLH also has the right to cancel any booked Assignments or Series of Assignments without notice or payment in lieu of notice.  You shall provide such details of your hours to Bank Partners, who are responsible for monitoring hours on behalf of UCLH, as required.

 21. DATA PROTECTION

1. You confirm you have read and understood UCLH's Privacy Notice for Employees, Workers and Contractors, a copy of which is available on the intranet. You note and accept that UCLH may change this Privacy Notice at any time.
2. The Data Protection Legislation regulates the use of personal data and paper records of identifiable individuals (patients and staff). UCLH is registered in accordance with this legislation. You shall follow UCLH Information Governance policy and Disclosure of Confidential Information policy.
3. You shall comply with the UCLH's policies on data protection and information security when handling personal data in the course of your role, including personal data relating to any employee, patient, supplier or agent.
4. You shall notify UCLH’s Data Protection Officer, your line manager or HR as soon as you become aware of a personal data breach by UCLH, including where you are responsible or potentially responsible for it, or any request from a data subject. You will provide such information as the Data Protection Officer requires in relation to any such personal data breach or any request from a data subject.
5. Failure to comply with UCLH’s policies on data protection and information security, including a failure to report a personal data breach, may be considered an act of misconduct by UCLH and lead to action being taken against you as set out in clause 13 above.
6. For the purposes of this clause "personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data being processed by UCLH.
7. For the purposes of this clause, "Data Protection Legislation" means all applicable data protection and privacy legislation, regulations and guidance including the Data Protection Act 2018, Regulation (EU) 2016/679 (the "General Data Protection Regulation" or "GDPR") and the Privacy and Electronic Communications (EC Directive) Regulations including any law based on or seeking to enact essentially any equivalent provisions in the UK to the GDPR and any applicable guidance or codes of practice issued by the European Data Protection Board or Information Commissioner from time to time (all as amended, updated or re-enacted from time to time).
8. Nothing in this clause shall affect your status as a worker. 

 22. COLLECTIVE AGREEMENTS

1. There is no collective agreement which directly affects your engagement with UCLH as a worker.

 23. DECLARATION

1. I confirm I have read the Terms and Conditions and agree to abide by them

1.               Definitions and General
1.1           In these terms and conditions:
1.1.1  'Assignment’ means the services for which University College London Hospitals NHS Foundation Trust (UCLH) engages you, the Bank Worker, to work for an individual shift.
1.1.2  'Bank Worker’ means any temporary worker engaged to carry out an Assignment on the UCLH Bank Scheme.
1.1.3  'Bank Partners' means Bank Partners of 9 Appold Street, London, EC2A 2AP.
1.1.4  'Engage’ means to book or use the services of the Bank Worker for the purpose of the Assignment and ‘engagement’ shall have a related meaning.
1.1.5  'Series of Assignments' means the situation where individual Assignments are booked for a consecutive period where no more than the maximum of 72 hours' break elapses between each individual Assignment.
1.1.6  'The parties’ is used to refer to you and us, collectively.
1.1.7  'UCLH’ means University College Hospitals London NHS Foundation Trust of 250 Euston Road, London, NW1 2PG.
1.1.8  'You’ means the individual Bank Worker to whom these terms and conditions shall apply and ‘we’, ‘us’ or similar words mean UCLH.          
1.2           If you accept an Assignment that we offer you, you shall be deemed to have accepted these terms and conditions, whether or not you have signed the declaration at the bottom of this agreement.
1.3           Upon your acceptance of an Assignment these terms and conditions together with the booking confirmation for the Assignment shall constitute a contract for services between the parties and shall govern the Assignment that you undertake.  No contract shall exist between the parties between Assignments.
1.4           For the avoidance of any doubt, these terms shall not give rise to a contract of employment between the parties.  You are engaged as a worker although we are required to make certain statutory deductions from your remuneration as is set out in more detail below.
1.5           The headings contained in this agreement are included for convenience only and shall not affect the interpretation of the contents of this agreement in any way.
1.6           No variation or alteration to these terms and conditions shall be valid unless approved by Bank Partners on behalf of UCLH, in writing.
1.7           These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.
1.8           Our waiver of any breach by you of these terms shall not be or be deemed to be a waiver of any other breach or subsequent breach of such terms.
1.9           Any unenforceable or invalid term in this agreement shall be deemed severed from the valid provisions which will remain in full force and effect.

2.               OUR OBLIGATIONS TO YOU AND LIMITATION OF LIABILITY
2.1           We shall determine, in our sole and absolute discretion, your suitability for any Assignment which you wish to accept on our online booking system run by Bank Partners on behalf of UCLH.  We make no representation to you that you will be offered a suitable Assignment and you appreciate that there may be periods when no work may be available for you through Bank Partners.  We are not obliged to offer you any Assignment of work and we shall incur no liability to you for not doing so and you are not obliged to accept any Assignment.

2.2           You will be paid weekly in arrears directly to your bank account for the previous week, subject to the appropriate paperwork being provided by you to UCLH, or to Bank Partners on behalf of UCLH.  If we receive your timesheet late, payment may be delayed. Please note, payment will not be paid for any Assignment where the timesheet for such Assignment is provided to Bank Partners 3 months or more after the date of the Assignment in question.
2.3           Your pay is subject to deductions for PAYE Income Tax, National Insurance Contributions, pension contributions if applicable and any other amounts that we are required by law to make.  We will also be entitled to deduct from your pay or other payments due to you any money which you may owe to ULCH at any time.
2.4           You will only be paid for the hours that you work. You will be paid at the rate of pay agreed for the Assignment.  This rate will be equivalent to or more than the London Living Wage.  Pay rates are determined by the grade of the role required for the Assignment.  The actual rate of pay will be agreed on offer of Assignment and details will be contained in the booking confirmation.
2.5           You will not approach UCLH with any complaint or inquiry about the rate of pay being offered for an Assignment.  Please contact Bank Partners who will do this on your behalf.
2.6           Bank Partners will confirm the details of your Assignment by email.  The details of the Assignment that are confirmed to you may be changed in exceptional circumstances only and only if the change is recorded in writing by Bank Partners on behalf of UCLH.  This booking confirmation, together with these terms and conditions records our entire agreement with you.  In the event that these terms and conditions conflict with the booking confirmation, these terms and conditions shall prevail.
2.7           We are not responsible for any personal injury or damage you may suffer whilst on the premises or property of UCLH, whilst acting on UCLH’s instructions, or whilst travelling to or from the property or premises of UCLH.
2.8           If, during an Assignment, you are involved in an accident or injure yourself or a colleague at work, you must inform your designated manager for the Assignment immediately and comply with all health and safety procedures such as completing the necessary paperwork and accident book.
2.9           Our liability to you for any losses arising from our breach of this agreement or our negligence is limited to the fees we have paid to you for the Assignment in which your claim arises subject to a cap of 3 months' fees.  We will not in any event be liable for any consequential, special or indirect losses or loss of profits.  Our liability for death or personal injury arising from our negligence is not limited or excluded. You are advised that no liability can be accepted for any loss or damage to personal property whilst on UCLH premises.
2.10       We are not responsible for our failure to fulfil our obligations under this agreement if such failure is caused (directly or indirectly) by circumstances beyond our reasonable control.

3.               YOUR OBLIGATIONS TO UCLH
3.1           You are not obliged to accept any Assignment that we or Bank Partners on our behalf offer you, but if you do so then you agree to do so in accordance with the requirements of these terms and conditions.
3.2           By accepting an Assignment, you agree that you are willing to work in that position and to show flexibility in the performance of your duties when undertaking the Assignment subject to your competency to carry out the role.
3.3           You are obliged to attend and complete your Assignment whether or not you receive a written booking confirmation from us or Bank Partners on our behalf.

4.               PERFORMANCE OF THE ASSIGNMENT
4.1           Under this agreement you are engaged by UCLH to carry out Assignments as a Bank Worker.  The date of your registration with the UCLH Bank Scheme and details of any Assignments you carry out are retained by Bank Partners.
4.2           You shall commence the Assignment punctually and conform to the normal working hours of UCLH and as required for the Assignment unless we have expressly agreed otherwise with you and we have recorded our agreement in writing.
4.3           You will co-operate with UCLH’s staff and accept the supervision and instruction of any responsible person within UCLH.
4.4           You will observe the Health and Safety Policy of UCLH and take all reasonable steps to safeguard your own safety and the safety of any other person who may be present or affected by your actions.
4.5           You will not smoke on the UCLH premises. You will comply with UCLH’s Uniform Policy which can be found on the intranet.
4.6           You will wear any form of identification that UCLH requires and display this on your clothing at all times when you are on UCLH premises.
4.7           Whilst carrying out your Assignment, you will adhere to the terms of any generally accepted codes of professional conduct that apply to your profession such as in the administration of drugs and sterile techniques.  You are responsible for maintaining and developing your competencies and shall cooperate with Bank Partners and supply Bank Partners with such information as they may require in order to administer and ensure that statutory and mandatory training has been undertaken.  You have an ongoing duty to undertake statutory and mandatory training (see clause 8.1 below) and you acknowledge that UCLH has the right to refuse to offer any Assignment to you or to cancel an Assignment which has been offered to you if it considers that you have not undertaken the statutory and mandatory training or that it is necessary for you to undertake learning and development activities to ensure that you can safely and effectively carry out your duties.
4.8           UCLH has a legal responsibility to inform and apologise to patients who use their services if there have been mistakes in their care, particularly if these mistakes lead to serious harm.  This is known as the Duty of Candour.  If you make a mistake whilst undertaking an Assignment you have a responsibility to report this immediately to the designated manager of your Assignment.
4.9           You will not engage in any conduct detrimental to the interests of UCLH.

5.               PLACE OF WORK
5.1           During each Assignment, your place of work will be UCLH NHS Foundation Trust (our correspondence address being 250 Euston Road, London, NW1 2PG) but you may be required to work at any of our premises. The details of your precise place of work for any particular Assignment will be contained in the booking confirmation.  
5.2           You will not be required to work outside the UK.

6.               HOURS OF WORK
6.1           UCLH operates on a 24-hour basis.  You have no normal hours of work and your hours will vary according to the needs of UCLH and your availability to work. The details of your precise working hours for any particular Assignment will be contained in the booking confirmation.  
6.2           You will be entitled to an unpaid lunch break of 30 minutes where your Assignment requires you to work more than six hours in any one day.

7.               PENSION
7.1           You may be eligible to be enrolled in the pension scheme for the ULCH Bank Worker Scheme, subject to relevant pension scheme rules in force from time to time. Further details of the pension scheme are available from Bank Partners. 

8.               TRAINING
8.1           During your engagement with UCLH:
8.1.1  ou must complete statutory and mandatory training where applicable, the majority of which will be completed online. Further details of this training are available from Bank Partners. You will not be paid for training that is completed online and you must complete it outside your working hours.  Classroom based training is usually carried out in working hours and you will therefore be paid for that as part of your Assignment.
8.1.2  you may also be entitled to take part in various training courses which we may provide from time to time in-house.

9.               BENEFITS 
9.1           You are not entitled to any additional benefits.
 
10.           CONFIDENTIALITY AND INTELLECTUAL PROPERTY
10.1       You will not disclose to any person other than a person authorised by UCLH any information that you may have acquired during or in connection with an Assignment that is not already in the public domain.  Specifically, but without derogating from the generality of the previous sentence, you will not disclose to any person other than a person authorised by UCLH any information that you may have acquired during or in connection with an Assignment concerning a UCLH authority, staff or procedures or the identity, medical condition or treatment received by any patient other than any information that is already in the public domain.
10.2       You shall deliver to UCLH at the end of each Assignment all documents and other materials belonging to UCLH (and all copies) which are in your possession including documents and other materials that you may have created during the course of the Assignment.  UCLH is the sole owner of any work product, including any related intellectual property rights, created during the Assignment.

11.           REQUIRED PERIOD OF NOTICE
11.1       This clause is subject to the provisions for shorter notice set out elsewhere in this agreement.
11.2       Subject to clause 11.8, in the event that you wish to cancel an Assignment before it has commenced, you will give not less than 24 hours’ notice to UCLH via Bank Partners.
11.3       In the event that you do not wish to complete an Assignment that you have commenced, you will give notice to UCLH via Bank Partners as follows:

LENGTH OF ASSIGNMENT/SERIES OF ASSIGNMENTS REQUIRED NOTICE PERIOD

Up to and including 4 weeks: 24 hours
4 weeks+ up to and including 6 months: 1 week
6 months+: 2 weeks

11.4       In the event we wish to cancel an Assignment before it has commenced, we or Bank Partners on our behalf will give you not less than 24 hours’ notice, where reasonably practicable.  
11.5       In the event that we wish to cancel an Assignment that you have commenced, the Assignment may be cancelled by us or Bank Partners on our behalf giving notice to you as follows:

LENGTH OF ASSIGNMENT/SERIES OF ASSIGNMENTS REQUIRED NOTICE PERIOD

Up to and including 4 weeks: 24 hours
4 weeks+ up to and including 6 months: 1 week
6 months+: 2 weeks

11.6       We are not obliged to offer you any Assignment of work and we shall incur no liability to you for not doing so. Therefore, subject to clause 11.7, in the event that an Assignment or Series of Assignments is cancelled for any reason you are not entitled to any payment for that Assignment or Series of Assignments and UCLH and Bank Partners on behalf of UCLH are under no obligation to allocate any replacement Assignment(s) to you.
11.7       In the event that you do not complete an Assignment or a Series of Assignments because of a cancellation under clause 11.3 or clause 11.5, you will receive payment up until the point at which the Assignment or Series of Assignments was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of the Assignment, Series of Assignments, or any other Assignments you may have booked but were unable to work due to the cancellation.
11.8       In the event that you become aware that you are, due to an extraordinary and unforeseen event beyond your control, unable to attend or complete your Assignment you will inform Bank Partners at the earliest possible opportunity and at least one hour before commencement of the Assignment.  In all other circumstances, you are required to work out your Assignment until your notice period is completed.
11.9       If you leave an Assignment without giving the required notice period we will hold you liable for any losses we may suffer as a result.
11.10    Nothing in this clause shall affect your status as a worker. 

12.           INFORMATION WE REQUIRE FROM YOU
12.1       You are required to produce evidence of your eligibility to work in the UK.
12.2       In the event that your circumstances change in any manner that might affect your continued eligibility to work in the UK, you will immediately inform Bank Partners of the change.
12.3       You must furnish Bank Partners with proof of your identity as well as evidence of your experience, training and qualifications.  Bank Partners may request additional information from you and/or from any professional body to which you belong to determine your suitability for an Assignment.

13.           MISCONDUCT, CAPABILITY AND TERMINATION OF REGISTATION
13.1       You will immediately inform us of any event that has resulted in disciplinary action being taken against you, any allegations of misconduct or concerns about your capability, or your suspension or dismissal from any position in which you were working in your professional capacity as a result of your alleged misconduct or concerns about your capability.  You will do this irrespective of whether or not you consider the allegations to have any foundation or substance.
13.2       UCLH reserves the right to investigate any concerns raised about your conduct or capability and to restrict you from undertaking Assignments pending the outcome of any conduct or capability processes. Such investigations will be carried out by Bank Partners on behalf of UCLH and UCLH will take all decisions on any formal action taken against you (including any suspension decision or any disciplinary decision, including sanctions).  In the event of a finding of gross misconduct or serious negligence on your part whether in relation to an Assignment or your substantive role if you have one, UCLH may terminate your registration on the UCLH Bank Scheme and cancel any Assignments that you have booked or that you have commenced without notice or payment in lieu of notice. 
13.3       We may, without incurring any liability to you, alter or cancel your Assignment at any time and at short notice in the event that:
13.3.1  You absent yourself from your Assignment without permission or without informing us in advance;
13.3.2  We reasonably believe that you have breached any of these terms and conditions;
13.3.3  We reasonably believe that it may be detrimental, for any reason, to UCLH or to any other person for you to continue in a particular Assignment.
13.4       In the event that you are not permitted to complete an Assignment for whatever reason, you will receive payment up until the point during the Assignment at which the Assignment was cancelled (rounded up to the nearest half hour) and you will not receive any further payment for the remainder of the Assignment or any other Assignments you may have booked but were unable to work due to the cancellation.
13.5       In the event that UCLH cancels an Assignment or Series of Assignments for any reason you are not entitled to any payment for an Assignment or Series of Assignments that you may have booked but are unable to work and UCLH and Bank Partners on behalf of UCLH is under no obligation to allocate replacement Assignment(s) to you.

14.           DISCIPLINARY AND GRIEVANCE PROCEDURES
14.1       No probationary period applies to your engagement under this agreement.
14.2       Your attention is drawn to the disciplinary and grievance procedures applicable, copies of which are contained in a Handbook for the UCLH Bank Scheme. These procedures do not form part of this agreement.
14.3       If you wish to appeal against a disciplinary decision you may do so in accordance with the disciplinary procedure.
14.4       If you wish to raise a grievance you may do so in writing in accordance with the grievance procedure.

15.           EXPENSES
15.1       Unless we agree otherwise and record that exceptional agreement in writing, you are responsible for the cost of your own travel, meals, calls, accommodation and any other business expenses.  You must settle any amounts that you owe UCLH before you complete your Assignment. 
15.2       We will only reimburse expenses if we have agreed to do so in writing and when the expenses have been incurred wholly, necessarily and exclusively in order to perform your Assignment.
15.3       We will report all expenses paid to you on your P11d.  Your P11d will be submitted to the appropriate authority and is open to scrutiny.  The appropriate authority may reject any expenses that they do not consider have been wholly, necessarily and exclusively incurred in the course of your performance of your Assignment.

16.           TIME SHEETS
16.1       Time spent travelling to and from UCLH’s premises; lunch breaks and other rest breaks do not count as part of your working time for purposes of preparing your time sheet.
16.2       At the end of each week where you have undertaken an Assignment or Series of Assignments you shall present to UCLH for signature a time sheet or other written record of the hours you have worked during the preceding period. 

17.           LEAVE
17.1       Your paid holiday entitlement under the Working Time Regulations, will depend on the hours that you actually work, and will be pro-rated on the basis of a maximum full-time entitlement of 28 days’ holiday during each full holiday year (including public holiday days in England and Wales).
17.2       Your annual leave entitlement referred to in clause 17.1 above will be calculated at 12.07% of your pay for hours worked during Assignments and will be paid to you on a rolled-up basis, i.e. so that no further payment will be due to you in respect of any period otherwise deemed to be taken as annual leave. The 28 days stated above is also a maximum amount inclusive of bank holidays and calculated on a whole-time equivalent basis.
17.3       For the avoidance of doubt, your holiday pay is paid separately to your hourly rate at 12.07% and is shown clearly on the payslip as ‘WTD payment’.
17.4       If you are booked to carry out regular bank work, you must ensure that you take breaks between assignments to ensure you take compulsory rest breaks (holiday).
17.5       Please note that due to the fact that UCLH pays rolled up holiday pay, you will not receive pay during your holiday as this is paid up front every time you carry out an assignment.
 
17.6       None of the provisions of these terms and conditions regarding your statutory entitlement to paid leave shall affect your status as a worker.

18.           SICKNESS
18.1       If you have accepted an offer of work but are subsequently unable to work the hours agreed due to sickness, you must notify Bank Partners the reason for your absence as soon as possible but no later than one hour before you are due to start work.
18.2       If you satisfy the qualifying conditions, you will be entitled to receive statutory sick pay (SSP) at the prevailing rate in respect of any period of sickness or injury during an Assignment, but you will not be entitled to any other payments from UCLH during such period. We will inform you if you are entitled to SSP at the relevant time.

19.           OTHER PAID LEAVE
You are not eligible for any other paid leave from UCLH but in certain circumstances you may be eligible for statutory payments such as statutory maternity pay, statutory paternity pay, statutory adoption pay and shared parental pay.  Further details are available from Bank Partners.  We may replace, amend or withdraw our policy on paid leave at any time.

20.           WORKING TIME REGULATIONS
You may not work more than 48 hours in any 7 day period from Monday to Sunday.  UCLH has the right not to offer you an Assignment where it is felt that the additional hours of work undertaken on the Assignment will prevent you from delivering a safe level of patient care.  In these circumstances, UCLH also has the right to cancel any booked Assignments or Series of Assignments without notice or payment in lieu of notice.  You shall provide such details of your hours to Bank Partners, who are responsible for monitoring hours on behalf of UCLH, as required.

21.           DATA PROTECTION
21.1       You confirm you have read and understood UCLH's Privacy Notice for Employees, Workers and Contractors, a copy of which is available on the intranet. You note and accept that UCLH may change this Privacy Notice at any time.
21.2       The Data Protection Legislation regulates the use of personal data and paper records of identifiable individuals (patients and staff). UCLH is registered in accordance with this legislation. You shall follow UCLH Information Governance policy and Disclosure of Confidential Information policy.
21.3       You shall comply with the UCLH's policies on data protection and information security when handling personal data in the course of your role, including personal data relating to any employee, patient, supplier or agent.
21.4       You shall notify UCLH’s Data Protection Officer, your line manager or HR as soon as you become aware of a personal data breach by UCLH, including where you are responsible or potentially responsible for it, or any request from a data subject. You will provide such information as the Data Protection Officer requires in relation to any such personal data breach or any request from a data subject.
21.5       Failure to comply with UCLH’s policies on data protection and information security, including a failure to report a personal data breach, may be considered an act of misconduct by UCLH and lead to action being taken against you as set out in clause 13 above.
21.6       For the purposes of this clause "personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data being processed by UCLH.
21.7       For the purposes of this clause, "Data Protection Legislation" means all applicable data protection and privacy legislation, regulations and guidance including the Data Protection Act 2018, Regulation (EU) 2016/679 (the "General Data Protection Regulation" or "GDPR") and the Privacy and Electronic Communications (EC Directive) Regulations including any law based on or seeking to enact essentially any equivalent provisions in the UK to the GDPR and any applicable guidance or codes of practice issued by the European Data Protection Board or Information Commissioner from time to time (all as amended, updated or re-enacted from time to time).
21.8       Nothing in this clause shall affect your status as a worker. 

22.           COLLECTIVE AGREEMENTS
There is no collective agreement which directly affects your engagement with UCLH as a worker.

23.           DECLARATION
I confirm I have read the Terms and Conditions and agree to abide by them

 

1.1.2 ‘Assignment’ means the services performed by You for a client for a period of time during which You are supplied by an employment business.
1.1.3 ‘Engage’ means to book or use Your services for the purpose of the Assignment and ‘Engagement’ shall have a related meaning.
1.1.4 ‘You’ means any individual supplied by Us to Our clients and ‘Your’ has a related meaning.
1.1.5 ‘the Parties’ is used to refer to You and Us, collectively.
1.1.6 ‘We’, ‘Us’, ‘Ourselves’ or similar words mean Bank Partners (a trading name of Pulse Healthcare Limited)
1.1.7 ‘“Data Protection Laws”: (i) the UK Data Protection Act 2018; (ii) the General Data Protection Regulation (GDPR) as revised and superseded from time to time; (iii) Directive 2002/58/EC as updated by Directive 2009/136/EC (ePrivacy Directive); and (iv) any other laws and regulations (including any successor legislation) relating to the processing of personal data and privacy which apply to a party.
1.1.8 ‘Qualifying Period’ means 12 continuous calendar weeks as defined in AWR.
1.1.9 ‘Group Company’ means (a) any individual, company, partnership, statutory body or other entity which from time to time controls the client, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is controlled by or is under common control with the client, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006. For the purpose of this definition, control means the legal or beneficial ownership, whether directly or indirectly, of more than 50% of the issued share capital or a similar right of ownership or the power to direct or cause the direction of the affairs and/or general management of the entity.
1.2 These terms (together with any Booking Confirmation) set out the entire agreement between Us and shall govern all Assignments You undertake for Us. No contract exists between the Parties between Assignments. For the avoidance of any doubt, this agreement is a contract for services and not a contract of employment between the Parties or between You and the client.
1.3 If You accept an Assignment that We offer You, You shall be deemed to have accepted these terms and conditions whether or not You have signed the declaration at the bottom hereof.
1.4 In Our dealings with You We act as an employment business.
1.5 The headings contained herein are included for convenience only and shall not affect the interpretation of the contents hereof in any way.
1.6 No variation or alteration to these terms and conditions shall be valid unless approved by one of Our directors, in writing.
1.7 These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of those territories.
1.8 Any unenforceable or invalid term herein shall be deemed severed from the valid provisions which will remain in full force and effect.
1.9 These terms and conditions shall prevail over any other terms and conditions You may proffer.
1.10 No failure or delay by Us in exercising any right, power or privilege under this agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.
1.11 Neither party shall have any liability under or be deemed to be in breach of this agreement for delays or failures in performance which result from circumstances beyond the reasonable control of that party.
1.12 This agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this agreement. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf.1.13 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not party to it any right to enforce any of its provisions.
1.14 References to the AWR in these terms may only be relevant to Assignments that are subject to the AWR. Whether or not an Assignment is subject to the AWR will be determined by the specific circumstances of that Assignment. You must, however, provide Us with all the information that these terms and conditions require, whether or not You believe that an Assignment is subject to the AWR. This is necessary so that We can make Our own assessment of Our legal obligations and keep accurate records.

2. OUR OBLIGATIONS TO YOU
2.1 We shall use reasonable endeavours to seek Assignments for You that are relevant to Your skills and qualifications and of the type of work You indicated on Your application form that You wish to do. We shall determine,
in Our sole and absolute discretion, Your suitability for any Assignment. We make no representation to You, however, that We will find a suitable position for You and You appreciate that there may be no work available for You. We are not obliged to offer You work and We shall incur no liability to You for not doing so.
2.2 You will be paid weekly in arrears directly into Your bank account. If We receive Your timesheet late, incomplete or unsigned, payment may be delayed. We shall be entitled to deduct any sums due to Us from the
payment.
2.3 We will pay You for the hours You work irrespective of whether or not We recover any payment from Our client for Your work. Your pay is subject to those deductions for PAYE Income Tax, National Insurance contributions
and any other amounts that We are required by law to make. We are not liable for payment if You book Yourself onto an Assignment without reference to Us.
2.4 You will be paid at the rate of pay agreed for the Assignment. Pay rates are determined by the profession You work within and the client You work with. Pay rates also include a payment in respect of accrued holiday pay.
The scale of pay rates will be agreed on registration, and the actual rate together with the exact proportion of actual pay versus holiday pay comprising the pay rate, will be confirmed to You i) in a rate schedule provided to You on registration (and on any pay rate change) and/or available from Your consultant upon request and/or ii) on offer of Assignment and/or iii) on your payslips. If You complete the Qualifying Period, You may be entitled to enhanced rates and/or benefits under the AWR.
2.5 We will confirm Your Assignment and all the details thereof, including Your rate of pay, to You as under 2.4. This booking confirmation, together with these terms and conditions records Our entire agreement with You. In
the event that these terms and conditions conflict with the booking confirmation, these terms and conditions shall prevail.
2.6 The details of the Assignment that are confirmed to you may thereafter be changed only if the change is recorded in writing and signed by one of Our directors.
2.7 Subject to clause 2.8, We are not responsible for any personal injury or damage You may suffer whilst on the premises or property of the client, whilst acting on the client’s instructions, or whilst travelling to or from the property or premises of the client.
2.8 Our liability to You for any losses arising from Our (or Our employees’, subcontractors’ or agents’) breach of this agreement or of any statutory provision, negligence, misconduct or otherwise is limited to (i) the fees that
are payable to You for the Assignment in respect of which Our liability to You arose; (ii) direct losses only. You agree to use Your reasonable endeavours to mitigate any loss or damage suffered arising out of or in connection with the Assignment. Our liability for death or personal injury arising from Our negligence and Our liability for Our fraud or fraudulent misrepresentation is not limited or excluded.

3. YOUR OBLIGATIONS TO US AND TO THE CLIENT
3.1 You are not obliged to accept any Assignment that We offer You, but if You do so then You agree to do so in accordance with the requirements of these terms and conditions. You agree to perform any Assignment with
reasonable care and skill.
3.2 By accepting an Assignment, You agree that You are willing to work in that position.
3.3 You will not approach the client with any complaint or inquiry about Your remuneration without first approaching Us and allowing Us 30 days to respond thereto. We will then approach the client on Your behalf.
3.4 You are obliged to attend and complete Your Assignment whether or not You receive a written booking confirmation from Us.
3.5 You acknowledge that We may be entitled in certain circumstances to charge our client a fee if they (i) introduce you to a third party that employs or Engages you or if they (ii) Engage you directly or through another employment business. In the latter case, the client will have the option to agree a period of extended hire of You through Us, after which you may transfer to them without their paying a fee.
3.6 If You are offered an Assignment and You have previously worked in the same or similar role with the client through a third party after 1 October 2011 then You must inform Us immediately You become aware of this and,
if possible, before the Assignment starts. You must provide us with full details of the work undertaken.
3.7 You must immediately inform Us if, since 1 October 2011, whether before any Assignment with a client starts and/or during that Assignment, You have either (i) completed 2 or more Assignments with that client; (ii) completed an Assignment with the client and another Assignment with one of the Group Companies of that client; and/or (iii) worked in more than 2 roles during an Assignment with that client and on at least 2 occasions that
role was not the same role as the previous role.
3.8 If You consider that You have not or may not have received equal treatment under the AWR, You may raise this in writing with Us setting out as fully as possible the basis of Your concerns.
3.9 You must inform Us if the reason for Your not working during any break between Assignments is due to one or a combination of any of the following reasons: sickness or injury; pregnancy, childbirth or maternity; for the purpose of taking time off or leave, whether statutory or contractual, to which You are otherwise entitled; due to Your being summoned for jury service; due to seasonal reduction in requirements for workers according to the client’s established custom and practice; or due to industrial action at the client’s workplace.
3.10 If the client requires You to work longer than the hours that are usual for their organisation in any given week, or in any event more than 37 hours in any given week You must notify Us as soon as reasonably practicable and in any event before the 37 hours of work are completed.
3.11 You shall co-operate with Us in the completion and renewal of all mandatory checks, including any in relation to Your right to work in the United Kingdom.
3.12 You shall inform Us immediately if You become aware of any reason why You may not be suitable for any Assignment.
3.13 You warrant that you shall comply with the Data Protection Laws.
3.14 You shall indemnify Us and keep Us indemnified against any losses, liabilities, damages, costs, expenses, fines, penalties or interest whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges suffered or incurred by Us by reason of any proceedings, claims or demands by you, the client or any third party arising out of any non-compliance with, and/or as a result of, any breach of this agreement or the Data Protection Laws by You.

4. PERFORMANCE OF THE ASSIGNMENT
4.1 You shall commence the Assignment punctually and conform to the normal work hours of the client unless we have expressly agreed otherwise with You and We have recorded Our agreement in writing.

4.2 You will co-operate with the client’s staff and accept the supervision and instruction of any responsible person within their organisation.
4.3 You will observe the health and safety policy of the client and take all reasonable steps to safeguard Your own safety and the safety of any other person who may be present or affected by Your actions.
4.4 You will comply with any data protection policy of any client when handling personal data including personal data relating to any employee, worker, contractor, customer, client, supplier or agent of Ours or a Group Company.
4.5 You will not smoke on the client’s premises except where it is expressly permitted to do so.
4.6 You will wear any form of identification that We or the client require and display this on Your clothing at all times when You are on the client’s premises.
4.7 Whilst carrying out Your Assignment, You will adhere to the terms of any generally accepted Codes of Professional Conduct that apply to Your profession such as in the administration of drugs and sterile techniques and, in particular, where relevant shall have regard to the guidance contained in the General Medical Council’s publication
‘Good Medical Practice’ or codes of conduct for the NMC and HCPC relating to the conduct of practitioners.
4.8 You will not engage in any conduct detrimental to Our interests or to the interests of the client.

5. LIABILITY AND INSURANCE
5.1 Subject to 5.2 below, You are strongly recommended to take out public liability and professional indemnity insurance policies with reputable insurers to cover Your liabilities that may arise under or in connection with
this agreement. This does not apply to healthcare assistants, care and support workers.
5.2 If You are a surgeon, physician, doctor, dentist, nurse or midwife or other Allied Healthcare professions (including Social Workers) then You must (at Your own expense) belong to and subscribe to and be insured by
the Medical Defence Union or Medical Protection Society or other equivalent organisation (in the case of a surgeon, physician, doctor or dentist) or the Royal College of Nursing or other equivalent organisation (in the case of a nurse) or the Royal College of Midwives or other equivalent
organisation (in the case of a midwife) or other similar insurance scheme and that the insurance scheme covers all Your liabilities which may arise under or in connection with this agreement. In the event that You do not
have such insurance cover You must inform Us immediately. You shall be responsible for and shall indemnify Us for any loss, liability, costs (including legal costs), damages or expenses that We may incur arising directly or indirectly from Your failure to comply with the requirements of this clause.
5.3 The insurance cover referred to in clauses 5.1 and 5.2 shall not be less than £5 million (or £10 million in the case of doctors), unless We have agreed, in writing, that cover of a lesser amount is adequate in the circumstances.
5.4 You shall on request supply to Us the insurance certificate giving details of cover and/or evidence that the relevant premiums have been paid.
5.5 You shall comply with all terms and conditions of the insurance policies at all times. If cover under the insurance policies shall lapse or not be renewed or be changed in any material way or if You are aware of any reason why the cover under the insurance policies may lapse or not be renewed or be changed in any material way, You shall notify Us without
delay.
5.6 You shall indemnify and keep indemnified Us against any loss, liability, costs (including legal costs), damages or expenses that We may incur arising directly or indirectly from (i) any failure by You to comply with Your obligations under this agreement; (ii) any negligent or fraudulent act or omission by You; (iii) disclosure by You of any Confidential Information; (iv) any employment related claim brought by You in connection with the Assignment.

6. CONFIDENTIALITY AND INTELLECTUAL
PROPERTY
6.1 You will not disclose to any person other than a person authorised by the Client any information that You may have acquired during or in connection with an Assignment that is not already in the public domain, including but not limited to information concerning the Client’s business, staff or procedures or the identity, medical condition, treatment or other personal details of any patient.
6.2 You shall deliver up to the client or to Us at the end of each Assignment all documents and other materials belonging to the client (and all copies), which are in Your possession or control including documents and materials that You may have created during the course of the Assignment.
6.3 The client is the sole owner of any work product, including any intellectual property rights thereto, created by You during the Assignment and You hereby assign to the client (where appropriate, by way of present assignment of future copyright) or (in any other case) You agree to assign to the client absolutely on demand, with full title guarantee and for no further consideration, all intellectual property rights in respect of such work product. Further, you waive all Your moral rights in regard thereto.

7. REQUIRED PERIOD OF NOTICE
7.1 In the event that You do not wish to complete the Assignment, You will give notice to Us as follows:

Length of Assignment

Up to 6 days

1-4 weeks

More than 4 weeks but not less than 3 months

3-6 months

More than 6 months

 

Required Notice Period

Not less than 24 hours

2 clear working days

5 clear working days

10 clear working days

14 clear working days

7.2 In the event that You become aware that You are, due to an unforeseen event beyond Your control, unable to attend Your Assignment You will inform Us at the earliest possible opportunity and at least one hour before
commencement of the Assignment or shift. In all other circumstances, You are required to work out Your Assignment until Your notice period is completed.
7.3 If You leave an Assignment without giving the required notice to Us We will hold You liable for any losses We or the Client may suffer as a result.
7.4 Nothing in this clause shall affect Your status as an agency worker.

8. INFORMATION WE REQUIRE FROM YOU
8.1 You are required to produce evidence of Your eligibility to work within the United Kingdom forthwith at Our request. In the event that Your circumstances change in any manner that might affect Your continued eligibility to work in this country, You will immediately inform Us of the change.
8.2 Upon registration with Us, You consented to Us and Our Group Companies processing and storing your personal data (within the European Economic Area or elsewhere) in accordance with Our Privacy Policy which can be found here: https://www.bankpartners.co.uk/privacy-policy. Further, it is acknowledged that processing of Your Personal Data is necessary for the purposes of performing the contract with You and for Our legitimate interests (or those of a client) and Your interests and fundamental rights do not override those interests.
8.3 You must furnish Us with proof of Your identity as well as evidence of Your experience, training and qualifications. We may request additional information from You and/or from any professional body to which You belong to determine Your suitability for an Assignment. You agree that We may share this information with the client. You agree that We may share this information and any sensitive personal data (as defined in the Data Protection Laws) we hold about You with the client or any Group Company of Ours or of the client, those who provide products or services to Us (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Us or of Our Group Companies or any part of Our business.

9. MISCONDUCT AND TERMINATION
9.1 You will immediately inform Us of any investigation concerning Your acts or omissions, any event that has resulted in disciplinary action being taken against You, any allegations of misconduct, or Your suspension or dismissal from any position in which You were working in Your professional
capacity as a result of Your alleged misconduct. You will do this irrespective
of whether or not You consider the allegations to have any foundation or substance.
9.2 We may, without incurring any liability to you, alter or cancel your Assignment.
9.3 Further, We may terminate this agreement immediately at any time and without notice.
9.4 Clauses 1.7, 1.8, 1.9, 1.10, 1.13, 2.2, 2.7, 2.8, 3.3, 3.5, 3.6, 3.7, 3.9, 4.7, 5, 6, 7.3, 8.2, 8.3, 10.3 and 14 and such other clauses which by implication have effect after termination shall survive termination of this agreement.

10. EXPENSES
10.1 Unless We agree otherwise and record that exceptional agreement in writing, You are responsible for the cost of Your own travel, meals, telephone calls, accommodation and any other business expenses. You must settle any amounts that You owe the client before You complete Your Assignment.
10.2 We will only reimburse expenses if We have agreed to do so in writing and when the expenses have been incurred wholly, necessarily and exclusively in order to perform Your Assignment.
10.3 Any payment We may make to You in respect of an expense claim that You present to Us will be made on the understanding that such amounts are paid as an advance only and that if subsequently the expense claim is
not paid by the client for any reason We may reclaim these amounts from You.
10.4 We will report all expenses paid to You on Your P11d. Your P11d will be submitted to HMRC and is open to scrutiny. HMRC may reject any expenses that they do not consider have been wholly, necessarily and exclusively incurred in the course of Your performance of Your Assignment.

11. TIME SHEETS
11.1 Time spent travelling to and from the client’s premises, lunch breaks and other rest breaks do not count as part of Your working time for purposes of preparing Your time sheet and the Working Time Regulations 1998 (‘WTR’).
11.2 At the end of each week of Your Assignment (or in the case of an Assignment of less than one week’s duration, at the end of the Assignment) You shall present to the client for signature a time sheet or other written record of the hours You have worked during the preceding period. You will thereafter submit the document to Us.

12. LEAVE
12.1 For the purposes of calculating Your entitlement to leave, the leave year commences on 6 April. Under the WTR, You are entitled to at least 5.6 weeks’ paid leave each leave year (confirmed in the booking confirmation where applicable). For the avoidance of doubt, You may only take as many hours leave on  ny given day as You usually work in a day (or, if Your working hours vary, You may not take more hours leave on any given day than the average number of hours You have worked per day in the preceding 3 months) and You may only take as many days leave in any given week as there are working days in that week. 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. You agree that You must, in accordance with employment legislation, take Your accrued annual leave in any given holiday year and You will be required to formally confirm at regular intervals that You have taken Your holiday entitlement as part of Our compliance processes. You must provide Us with information as to all periods of annual leave taken by You both during and between Assignments and We will review that information.
12.2 Once You have been engaged on an Assignment with Us the right to be paid leave begins on the first day of the Assignment. After that time, entitlement to paid leave accrues in proportion to the amount of time You have worked continuously on Assignment during the leave year.
12.3 The amount of the payment to which You become entitled in respect of such annual leave is calculated in accordance with and in proportion to the number of hours that You have worked continuously on Assignment. Payments for annual leave purposes are calculated on basic hours at basic rates of pay and will be paid alongside Your weekly pay as set out in clause 2.4 above. The accrued holiday pay paid to You will be confirmed i) in a rate schedule provided to You on registration (and on any pay rate change) and/or available on request from Your consultant and/or ii) on each booking confirmation and/or iii) on Your payslips.
12.4 You must give Us notice in writing of Your intention to take leave to which You are entitled and that notice should include the dates of Your intended absence. You must give Us notice of at least twice the length of the period for which You wish to take leave. Unless We inform You that it is not convenient for You to take leave on the requested dates, You shall be entitled to take up Your leave entitlement as notified.
12.5 Where a bank holiday or other public holiday falls during an Assignment and You do not work on that day, You must advise Us in
advance that You wish to take paid leave on that day in accordance with paragraph 12.4 above.
12.6 None of the provisions of these terms and conditions regarding Your statutory entitlement to paid leave shall affect Your status as an agency worker.

13. EXCLUSION OF WORKING TIME REGULATIONS
13.1 You agree that the maximum working time specified in Regulation 4(1) and (2) of the Working Time Regulations 1998 shall not apply to this contract for services. You may withdraw Your consent to this at any time by giving three months’ notice to Us, in writing.

14. PENSION
14.1 The Company operates a stakeholder pension arrangement which you will be eligible to join. Further details of the Scheme and the application form can be obtained from our payroll team. From 1st September 2013, the Company is required to automatically enrol eligible workers into a pension arrangement. You will therefore be automatically enrolled into a qualifying pension scheme if you are an eligible worker. You will have the right to opt out if you wish to do so.
14.2 Your participation in the scheme referred to in paragraph 14.1 above is subject to the rules and provisions of the scheme and any related contracts or policies of insurance in force from time to time. The Company reserves the right to amend or withdraw the scheme at any time.

15. DATA PROCESSING
15.1 If We process any personal data on the Contractor’s behalf when performing Our obligations under this agreement:
15.1.1 the Contractor shall ensure that the Contractor is entitled to transfer the relevant personal data to Us so that We may lawfully use, process and transfer the personal data in accordance with this agreement on the Contractor’s behalf;
15.1.2 the Contractor shall ensure that the Employee has been informed of, and has given their consent to, such use, processing, and transfer as required by all applicable Data Protection Laws;
15.1.3 We shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Contractor from time to time;
15.1.4 each party shall take appropriate technical and organisational
measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage;
15.1.5 each party shall ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
15.1.6 each party shall assist the other, at the other’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Laws with respect to security or breach notifications;
15.1.7 each party shall notify the other without undue delay on becoming aware of a personal data breach; 15.1.8 each party undertakes not to transfer any of the personal data to any
country or territory outside the European Economic Area (EEA) without prior written consent; and
15.1.9 at the written direction of the Contractor, delete or return Personal Data and copies thereof to the Contractor on termination of the agreement unless otherwise required by law.

TERMS AND CONDITIONS OF ENGAGEMENT FOR BANK WORKERS

1 GENERAL TERMS AND CONDITIONS

1.1 These terms and conditions apply during any engagement undertaken by you as a Bank Worker for the Royal Free London NHS Foundation Trust (the "Trust").  Each period of work on the Bank will constitute an entirely separate engagement. 

1.2 Between engagements, although you may be registered on the Trust's Bank, there are no subsisting obligations on the Trust or on you as a member of the Bank.  The Trust is not obliged to offer you any engagements or any minimum hours of work and you are not obliged to accept any engagements that the Trust offers you.

1.3 Neither these terms and conditions, nor the fact that the Trust offers you work at any time, shall confer any legal rights on you and, in particular, shall not establish any employment relationship between you and the Trust or any entitlement on you to be offered regular or further work.  You confirm that this is your understanding and intention by entering into this contract.

1.4 The Trust reserves the right to alter and amend these terms and conditions from time to time.  You will be provided with notification in writing of any such changes.

1.5 Bank only and Directly engaged agency workers will be enrolled in the NEST pension scheme, for details of the scheme in the link below

https://www.nestpensions.org.uk/schemeweb/nest/my-nest-pension.html

2 PRE-ENGAGEMENT REQUIREMENTS

2.1 Before offering you any engagement the Trust will require documents from you in order to satisfy itself that you are legally entitled to work in the UK.  You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to notify the Trust immediately if you cease to be so entitled at any time.

2.2 You accept that any engagement as a Bank Worker will be subject to standard NHS pre-engagement checks, required by law or best practice in the NHS.  If any of this information is incorrect or changes at any time, you confirm that you will declare this to the Temporary Staffing Office before accepting any engagement.

2.3 You confirm that on acceptance of any engagement you accept as a Bank Worker for the Trust you will ensure that:

2.3.1 you have current appropriate professional registration for the engagement;

2.3.2 you have all appropriate and up to date statutory and mandatory training;

2.3.3 if you are, or become subject to any fitness to practice investigation or proceedings by a licensing or regulatory body in the UK or any other country, you will immediately declare this to the Temporary Staffing Office; and

2.3.4 if you have received any criminal convictions, even if they are ‘spent’ for other purposes, or if you are convicted of a criminal offence you will immediately inform the Temporary Staffing Office.

3 PAY

3.1 Your level of pay will be agreed when you are offered each engagement and will be based on locally agreed pay-scales (without incorporating any Agenda for Change terms into these terms and conditions) according to the duties required in that engagement.

3.2 Payment is made subject to the completion, and authorisation by the Trust manager who has booked you for the relevant engagement, of weekly timesheets.

3.3 Payment will be made weekly, normally one week in arrears by credit transfer to a nominated bank or building society.  The Trust will make all deductions from your pay required by law, including any pension contributions which may be required. 

3.4 Should an overpayment occur, you confirm that the Trust may deduct an equivalent sum to the overpayment from any payments due to you under this agreement.

4 ANNUAL LEAVE

4.1 Your annual leave entitlement is pro-rated from the statutory annual entitlement to 5.6 weeks’ paid leave.  This equates to 12.07% of your hours worked and an uplift for this amount will therefore be added to any weekly income, and shown separately on your payslip. 

5 WORKING TIME

5.1 Unless you have opted out of the Working Time Regulations (please discuss this with the Temporary Staffing Office if you wish to), the Trust cannot offer you work which would result in you working for more than an average of 48 hours a week. 

5.2 You must keep the Temporary Staffing Office informed of the total hours that you are working for the Trust and any third parties, so that the Trust can comply with its obligations.  Any exceptional request to work more than 48 hours a week is subject to an opt-out agreement being signed and agreement with your hiring manager and HR.

5.3 You will be entitled to an unpaid break of at least 20 minutes during (but not at the start or end of) any working day of 6 hours or longer.  You are also entitled to a daily break in work of 11 uninterrupted hours in every 24-hour period.  Whilst you are entitled to these breaks, it is your responsibility to actually take them.

6 TRUST RULES, POLICIES AND PROCEDURES

6.1 During each engagement you are required at all times to familiarise yourself and comply with the relevant Trust rules, policies and procedures in force from time to time, including but not limited to:

6.1.1 The Temporary Workers Policy and Procedure; and

6.1.2 Those Trust policies set out at paragraph 9.2 of the Temporary Workers Policy and Procedure.

6.2 You agree to familiarise yourself with and do your best during each engagement to promote and comply with the Trust's "World Class Care" values.

6.3 You should discuss with the Temporary Staffing Office or your immediate hiring manager for the engagement, any concerns you may have regarding policies or your local induction arrangements.

7 DUTIES

7.1 The nature of your duties and the location where they are required for any particular engagement may vary and will be described to you when you are offered the engagement by the Temporary Staffing Office and by the hiring manager for whom you will work for the period. 

7.2 During an engagement, to cover the needs of the service, you may also be asked to undertake duties, or duties in locations, not originally specified but which in the opinion of the Trust you are capable of performing.

7.3 You may also be asked to take part in processes for monitoring and improving the quality of care provided to patients, including risk management and clinical audit.

7.4 It is an absolute priority of the Trust to provide safe and effective care.  All Trust staff are required to report, without delay, any concerns they have about the environment of care within the Trust.  Specifically, any such concerns which may put patients or service users at risk or compromise the standards of care being provided.  These should be reported to the member of staff's line manager or, otherwise, as set out in the Trust's Whistleblowing/Raising Concerns Policy.

8 DATA PROTECTION

8.1 In accordance with the Trust’s privacy notice for employees, the Trust will hold computer records and personnel files relating to you which contain personal data.  The Trust will comply with its obligations under the General Data Protection Regulation and all other data protection legislation.  The data the Trust holds will include employment application details, references, bank details, performance appraisals, holiday and sickness records, salary reviews and remuneration details and other records, (which may, where necessary, include special category data and criminal offence data relating to your health, data held for ethnic monitoring purposes, and regarding DBS checks).  The Trust requires such personal data for personnel administration and management purposes and to comply with its obligations regarding the keeping of employee records.  The privacy notice sets out the Trust’s legal basis for processing your personal data.  Your rights of access to this data are prescribed by law.

8.2 You will familiarise yourself with the Trust’s data protection policy which sets out its obligations under the General Data Protection Regulation and all other data protection legislation.  You must comply with the Trust’s data protection policy at all times and you agree that you will only access the systems, databases or networks to which you have been given authorisation.   The Trust will consider a breach of its data protection policy by you to be a disciplinary matter which may lead to disciplinary action up to and including summary dismissal.  You should also be aware that you could be criminally liable if you disclose personal data outside the Trust’s policies and procedures. If you have any queries about your responsibilities in respect of data protection you should contact the Trust’s Data Protection Officer.

9 CONFIDENTIAL INFORMATION

9.1 You must at all times be aware of the importance of maintaining confidentiality of information gained by you during the course of your duties, which will in many cases include accessing personal confidential data relating to patients and staff. You must treat all information in a discreet and confidential manner and if applicable to your role comply with your professional obligations and codes of practice relating to confidentiality (such as the GMC’s Confidentiality Guidance).

9.2 Your obligation to respect the confidentiality of information you encounter during the course of your duties continues after your employment with the Trust has ceased.

9.3 Personal confidential data regarding patients and staff must not be disclosed either verbally or in writing to unauthorised persons. It is particularly important that you should ensure the authenticity of telephone enquiries.

9.4 Written paper records containing patient or staff personal confidential data must be kept securely at all times.

9.5 Electronic records containing patient or staff personal confidential data must always be encrypted to the required trust standard, this includes when personal confidential data is saved to portable devices or media such as USB memory sticks, tablets, smartphones, compact discs and external USB hard drives.

9.6 Unauthorised deliberate access to records without permission or good reason is not permitted. Staff must not share access controls, passwords or CRS smartcards under any circumstances.

9.7 Staff who make entries into in health records must ensure that notes are legible and attributable. Staff are encouraged to follow the generic medical record-keeping standards prepared by the Health Informatics Unit of the Royal College of Physicians.

9.8 You must not use social networking websites, or similar media to discuss any aspect of your employment or to give an opinion about patients, colleagues or the trust.

9.9 Staff must not use recording equipment (such as camera phones/cameras/video cameras) to take images whilst on Trust premises except with the explicit (written) consent of the individual(s) in the image. Under no circumstances may these images be posted/uploaded onto a social networking website or similar media.

9.10 All data held by the Trust must conform to the requirements of the Data Protection Act 1998 (“DPA). Under the DPA, patients and staff have a right of access to their records, but you should be aware that unauthorised disclosure of personal information (including such information that is recorded on computer) is unlawful. Further guidance is available from your manager.

9.11 If it is necessary to share Trust personal confidential data in order to effectively carry out your work, you must make sure that as far as is reasonable this information will be exchanged securely, on a strictly ‘need to know’ basis, using the minimum that is required and be used only for the purpose for which the information was given. If you are unsure about this, you should seek advice from your manager or the Trust’s Caldicott Guardian.

9.12 You are responsible for ensuring that all information is stored, used, transported and

accessed appropriately and that security levels are maintained at all times in accordance with the trust’s Information Governance policies.

9.13 Any breaches of these conditions during your employment may result in disciplinary action and may  be regarded as gross misconduct. Further, any unauthorised disclosures of personal information may be an offence under the Data Protection Act 1998, or may breach the common law duty of confidentiality and/or professional obligations. Any such breach may result in criminal proceedings being taken against you and/or a civil action for damages by the Trust or another affected party.

9.14 Bank workers registered with a professional body must meet the required standards of training, working hours, competency and conduct throughout the term of their bank registration with the trust.

10 PERSONAL PROPERTY

10.1 Whilst working in any engagement, you will have sole responsibility for your personal belongings and the Trust does not accept responsibility for any loss by theft or damage to these.

11 DEREGISTRATION

11.1 If you wish to de-register from the Bank at any time, you should inform the Temporary Staffing office as soon as possible so that they do not contact you unnecessarily concerning future engagements.

11.2 The Trust may remove you from the Bank register if you have not contacted the Temporary Staffing Office for a 6 month period and have not informed of a planned break.  The Trust may also remove your name from the Bank register if you have failed to undertake mandatory training (MAST), and in its reasonable opinion it has serious concerns about your conduct or capability to perform engagements offered to you, or if you have committed any act which would bring the Trust into disrepute.

1.        Parties to the Agreement

This agreement is between the Isle of Wight NHS Trust (the “Trust”) and........................................................................ (“you”) for the provision of bank services by you to the

Trust (the “Agreement”).

 

2.        The status of the Agreement

This Agreement constitutes a framework of terms and conditions that will apply on each occasion that you provide bank services to the Trust. This Agreement is not a contract of employment and save for paragraphs 17 and 18 the terms of this Agreement will not apply other than for the duration of periods when you are providing bank services to the Trust.

 

There is no obligation on the part of the Trust to offer any work to you or for you to accept any offer of work made by the Trust under this Agreement.

 

For the avoidance of doubt the terms set out in paragraphs 17 and 18 will apply at all times including periods when you are not providing services to the Trust. Any contract of employment that you may have with the Trust will be separate from and wholly unconnected with this Agreement.

3.        Entitlement to work in the UK
 You warrant that you are entitled to work in the UK without any additional approvals and you must demonstrate your right to work in the UK to the Trust before commencement of this Agreement.    You will not be offered any work under this Agreement if for any reason your entitlement to work in the UK is compromised.

 

4.        Operation
From time to time and as and when required you may be offered work at the Trust. The hours and duties required will be specified before each assignment starts.

 

As stated above, the Trust has no obligation to offer you any work and you are not obliged to accept any work offered to you.

 

If you have a separate contract of employment with the Trust or elsewhere you should not accept bank work under this Agreement that will conflict with such  employment or that will cause you to exceed the working time limits set out in the Working Time Regulations 1998 (as amended) of 48 hours per week (unless you have signed an opt out agreement, copies of which are available from the People Services department)  or that will conflict with the requirements for rest periods. Whether or not you have signed an opt out agreement, it is your duty to ensure you are working safe shifts.

 

If you have a substantive contract of employment with the Trust you should inform and seek support from your Line Manager before contracting to provide bank services.

 

5.        Place of work
The Trust’s main site is St Mary’s Hospital, Newport, Isle of Wight. However, you may be offered work at other Trust premises. Your place of work will be dependent on the assignment that you agree to work and the requirements of the Trust when offering you assignments. You are expected to be flexible in your approach to assignments and may be moved to different places of work or areas within the Trust during the course of an assignment.

 

6.        Duties
The principal duties that you will be required to perform will be provided to you at the commencement of each period of bank work under this Agreement.

 

7.        Remuneration, Pension and Benefits
Your level of remuneration (hourly rate) will be as specified in relation to any assignment. The Trust’s formally agreed rates of pay are published on the intranet Intranet > Home > Corporate > Human Resources > Medical HR (xiow.nhs.uk). Any adjustments will be in line with national pay scales and DDRB.

 

You will be paid by credit transfer into a bank or building society account on the 28th of the following month in which you provide any services or following week for those on weekly pay. The Trust will deduct tax and NI at the appropriate rate.

 

You may be entitled to pay enhancements depending on the hours you work. Enhancement entitlements are set out in the Trust’s Code of Conduct for bank workers.

 

Membership of the National Health Service Pension Scheme is voluntary, but you will be automatically enrolled into the Scheme under this agreement if you qualify under automatic enrolment pension legislation and contributions will be deducted from your pay.  You have the right expressly to opt out in writing.  If you wish to do so you should contact the Trust's Human Resources department. 

 

8.        Deductions from pay
The Trust shall have the right to make deductions from any payment due to you where an overpayment has occurred. The mistake will be rectified by deducting a

sum equivalent to the overpayment from the next following payment.

 

9.        Breaks
Meal breaks are not included in your hours of work and should be recorded as a 30-minute break on timesheets.
 
10.      Paid leave
You are entitled to up to 5.6 weeks’ paid annual leave per year (the Trust’s holiday year runs from 1 April to 31 March) in respect of your bank work. You may take annual leave whenever you wish but, in order to ensure that you receive the correct pay according to your average hours of bank work, the pay that you are entitled to in respect of that leave is automatically paid to you as a supplement to your hourly rate for each hour that you work.  This is detailed on each of your payslips as “WTD pay” (Working Time Directive) and is calculated as an extra 12.07% of your basic hourly pay rate.  This is because: 1) a year is 52 weeks; 2) subtracting 5.6 weeks' holiday leaves 46.4 working weeks in the year; and 3) 5.6 is 12.07% of 46.4.  The 12.07% pay supplement therefore represents your entitlement to paid holiday expressed as a percentage of the hours that you work and will be reflected on your payslip accordingly.

 

11.      Sickness absence and other paid leave
If you are unable to provide services that you have agreed to do because you are unwell it is your responsibility to notify the manager of the department where you were due to work and notify them of your absence. As a bank worker you are not entitled to occupational sick pay. However, you may be entitled to Statutory Sick Pay. Please speak to People Services for more detail.

 

You are not entitled to occupational family leave such as NHS maternity leave or NHS shared parental leave but you may be eligible to statutory family leave and pay including Statutory Maternity Leave, paternity leave, adoption leave and shared parental leave, which is paid. Please speak to People Services for more detail.

 

12.      Timesheets
You are required to complete a timesheet for each shift worked and have this signed off by an authorised signatory. Each timesheet should contain:
o    Surname and forename
o    Payroll number
o    Ward/area of work
o    The grade at which you work on bank
o    The date of the shift – if it is an overnight shift, the date on which it started
o    The start time, finish time and the total hours worked after allowing for any unpaid breaks
 
          Failure to complete timesheets with the required signatures may result in delays to payment to you. Inaccurate information leading to an incorrect payment could result in an investigation by the Trust’s Counter Fraud Specialist.
 
13.      Medical examinations / screening
You may be required to undergo a medical examination by the Trust’s Occupational Health Physician to confirm your fitness to work under this Agreement. The medical opinion of the Physician shall be final and binding.

 

14.      Termination of the Agreement
You are required to notify the bank manager that you are no longer available for work in writing. This serves as a termination of this Agreement and, once acknowledged, you will be removed from the Trust’s bank register.

 

This agreement may be terminated without notice by you or the Trust at any time and the Trust reserves the right to remove you from the bank register.

 

You should be aware that if records show that you have not accepted work for a period of 6 months it will be assumed that you no longer wish to remain on the bank register and you will be removed.

 

15.      Bank workers Code of Conduct and Policies
As a bank worker you are required to comply with the Trust’s Code of Conduct for Bank Workers, which is available from the Trust’s Bank Office.

 

16.      Disciplinary issues
During periods of bank work under this Agreement you will be subject to the bank workers Code of Conduct. In cases where rules of the Code of Conduct have been breached your continued membership of the bank may be reviewed in accordance with the procedure set out in the bank workers Code of Conduct.

 

If you have another substantive contract with the Trust, and are disciplined for conduct issues, your membership of the bank may be reviewed and the disciplinary issues may also affect your substantive role.

 

17.      Complaints
If you wish to raise any complaints relating to your bank work under this Agreement, you should do so in accordance with the complaints procedure set out in the bank workers Code of Conduct.

 

18.      Health and safety
Under the provisions of the Health and Safety at Work Act 1974, the Trust undertakes to ensure as far as is reasonably practicable the health, safety and welfare of those engaged to work on its premises. At all times you are expected to take reasonable care for the health and safety of yourself and others; to co-operate with the Trust  as far as is necessary to enable the Trust  to fulfil its legal obligations under the Act and to advise the Trust  promptly of any injury sustained whilst on Trust         premises or elsewhere that could affect your ability to provide services under this Agreement.

 

19.      Confidentiality of information
During specific assignments under this Agreement you may be party to confidential information regarding the Trust and or its workers or employees and or its patients. You may not divulge such information to any other person except with the specific authority of the Trust. The duty of confidentiality exists during and after any assignment under this agreement. Unauthorised disclosure of confidential information will result in your removal from the bank register.

 

20.      Data Protection
The Trust retains and processes personal data in relation to its workers. In signing this Agreement you agree to the Trust processing:

 

o   personal data where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and

 

o   special category data, including without limitation any medical records or health assessments where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and you acknowledge that such data may be legitimately disclosed to appropriate persons and the Trust’s professional advisors, pursuant to the Data Protection Act 2018 and the UK General Data Protection Regulation .

 

You must, at all times during the course of this Agreement, act in accordance with the Data Protection Act 2018 principles and must comply with any policy introduced by the Trust to comply with the said Act. In this clause “personal data”, “processing” and “special category data” shall have the meanings set out in Chapter 2 of the Data Protection Act 2018.

 

In accordance with the principles of the Data Protection Act 2018, the aim is to ensure that data held by the Trust is as accurate and up to date as reasonably practicable. If you consider that data held on you is or may be inaccurate, or if you wish to have access to such data, please contact the Human Resources Team on extension 4028.

 

For further information on how the Trust uses your personal data, please see the Trust’s privacy policy [insert link or attach to this agreement].

 

21.      Declaration of Interests
You are required to declare on appointment to the bank register any business interest, position of authority in a charity or voluntary body in the field of health and social care, and any connection with a voluntary or other body contracting for NHS services that may cause a conflict of interest in carrying out your work under this Agreement.

 

22.      Registration
If you are offered bank work under this Agreement in a post which requires you to be registered with a Professional Body, the offer of work is conditional upon you meeting the registration requirements. It is your responsibility to ensure that such registration is maintained and to provide proof to the Trust of current registration. The Trust may ask you to provide proof of registration at any time.

 

A failure to be appropriately registered, or to provide proof of registration when asked to do so, will entitle the Trust to remove your name from the bank register and terminate this Agreement.

 

23.      CCTV
The Trust has installed CCTV in targeted areas for the security of workers, patients and visitors to the Trust. You may therefore be monitored by CCTV whilst at work and such footage may be used during investigations into allegations made against you or other workers or employees at the Trust.

 

24.      Criminal Offences
If you are convicted of any criminal offence or receive a police caution, you should notify the Trust Bank Office who will determine whether or not this affects your ability to provide specific assignments and / or bank services under this Agreement.

 

The matter will be handled in line with the Bank Workers Code of Conduct.

 

25.      Security
You must carry or  wear  an  identification  badge  at  all  times  when  providing  bank  services  under  this  Agreement.  Failure  to  produce  the  identification,  on  request,  may result in the Trust removing your name from the bank register and terminating this Agreement. The identity badge will be issued to you on your registration to the bank register and on leaving you are required to return the badge. If you lose your badge you must report the loss at once to your manager and you may be charged a fee of up to £5 for replacing the badge, at your manager’s discretion.

 

26.      Private property
The Trust accepts no responsibility for any money, articles or personal possession, which are lost or damaged through any cause on any of its premises.

 

27.      NHS Indemnity
While you are performing assignments under this Agreement you will be indemnified in respect of any claims of clinical negligence made against you provided that

you have complied with all the Trust’s policies and procedures applicable to you under this Agreement.

 

28.      Changes of personal details
You are required to notify the Trust bank, of any change of address or any other change in your personal circumstances that may affect your provision of bank services under this Agreement.

 

29.      Entire Agreement
This agreement supersedes any previous agreement or agreements if any relating to the terms on which you provide bank services and sets out the entire agreement under which bank assignments will be offered to you and under which you will perform any bank assignment.

1.        Parties to the Agreement

This agreement is between the Isle of Wight NHS Trust (the “Trust”) and........................................................................ (“you”) for the provision of bank services by you to the

Trust (the “Agreement”).

 

2.        The status of the Agreement

This Agreement constitutes a framework of terms and conditions that will apply on each occasion that you provide bank services to the Trust. This Agreement is not a contract of employment and save for paragraphs 17 and 18 the terms of this Agreement will not apply other than for the duration of periods when you are providing bank services to the Trust.

 

There is no obligation on the part of the Trust to offer any work to you or for you to accept any offer of work made by the Trust under this Agreement.

 

For the avoidance of doubt the terms set out in paragraphs 17 and 18 will always apply including periods when you are not providing services to the Trust. Any contract of employment that you may have with the Trust will be separate from and wholly unconnected with this agreement.

 
3.        Entitlement to work in the UK
You warrant that you are entitled to work in the UK without any additional approvals and you must demonstrate your right to work in the UK to the Trust before commencement of this Agreement.    You will not be offered any work under this Agreement if for any reason your entitlement to work in the UK is compromised.

 

4.        Operation
From time to time and as and when required you may be offered work at the Trust. The hours and duties required will be specified before each assignment starts.

 

As stated above, the Trust has no obligation to offer you any work and you are not obliged to accept any work offered to you.

 

If you have a separate contract of employment with the Trust or elsewhere you should not accept bank work under this Agreement that will conflict with such  employment or that will cause you to exceed the working time limits set out in the Working Time Regulations 1998 (as amended) of 48 hours per week (unless you have signed an opt out agreement, copies of which are available from the HR department)  or that will conflict with the requirements for rest periods. Whether or not you have signed an opt out agreement, it is your duty to ensure you are working safe shifts.

 

If you have a substantive contract of employment with the Trust you should inform and seek support from your Line Manager before contracting to provide bank services.

 

5.        Place of work
The Trust’s main site is St Mary’s Hospital, Newport, Isle of Wight. However, you may be offered work at other Trust premises. Your place of work will be dependent on the assignment that you agree to work and the requirements of the Trust when offering you assignments. You are expected to be flexible in your approach to assignments and may be moved to different places of work or areas within the Trust during an assignment.

 

You will not be required to work outside the UK for more than one month.

 

6.        Duties
The principal duties that you will be required to perform will be provided to you at the commencement of each period of bank work under this Agreement.

 

7.        Remuneration
Your level of remuneration (hourly pay) will be as specified in relation to any assignment.

 

Remuneration is in line with Agenda for Change Pay scales Pay scales for 2024/25 | NHS Employers

 

You will be paid by credit transfer into a bank or building society account on the Friday of the following week in which you provide any services.

 

You may be entitled to pay enhancements depending on the hours you work. Enhancement entitlements are set out in the Trust’s Code of Conduct for bank workers.

 

8.        Deductions from pay
The Trust shall have the right to make deductions from any payment due to you where an overpayment has occurred. The mistake will be rectified by deducting a

sum equivalent to the overpayment from the next following payment.

 

9.        Paid leave
You are not entitled to any contractual leave. You are entitled to up to 5.6 weeks paid annual leave per year (the Trust’s holiday year runs from 1 April to 31 March) in respect of your bank work. You may take annual leave whenever you wish but, to ensure that you receive the correct pay according to your average hours of bank work, the pay that you are entitled to in respect of that leave is automatically paid to you as a supplement to your hourly rate for each hour that you work.  This is detailed on each of your payslips as “WTD pay” (Working Time Directive) and is calculated as an extra 12.5% of your basic hourly pay rate.  This is because: 1) a year is 52 weeks; 2) subtracting 5.6 weeks' holiday leaves 46.4 working weeks in the year; and 3) 5.6 is 12.5% of 46.4.  The 12.5% pay supplement therefore represents your entitlement to paid holiday expressed as a percentage of the hours that you work.

 

 

10.      Sickness absence and other paid leave
If you are unable to provide services that you have agreed to do because you are unwell it is your responsibility to notify the Temporary Staffing team as soon as possible. If you are unable, for whatever reason, to contact the Temporary Staffing team, you should contact site management and notify them of your absence. As a bank worker you are not entitled to occupational sick pay however may be entitled to Statutory Sick Pay, please speak to HR for more information.

 

You are not entitled to occupational family leave such as NHS maternity leave or NHS shared parental leave, but you may be eligible to statutory family leave and pay including statutory maternity leave, paternity leave, adoption leave and shared parental leave, which is paid. Please speak to HR for more information.

 

11.      Medical examinations / screening
You may be required to undergo a medical examination by the Trust’s Occupational Health Physician to confirm your fitness to work under this Agreement. The medical opinion of the Physician shall be final and binding.

 

12.      Termination of the Agreement
You are required to notify the Temporary Staffing team that you are no longer available for work in writing. This serves as a termination of this Agreement and, once acknowledged, you will be removed from the Trust’s bank register.

 

You should be aware that if records show that you have not accepted work for a period of 3 months it will be assumed that you know longer wish to remain on the bank register and you will be removed.

 

13.      Bank workers Code of Conduct
As a bank worker you are required to comply with the Trust’s Code of Conduct for Bank Workers, which is available from the Temporary Staffing team.

 

You are also required to remain up to date and comply with all Trust Policies and Procedures available to view on the Trust intranet

 

14.      Disciplinary issues
During periods of bank work under this Agreement you will be subject to the bank workers Code of Conduct. In cases where rules of the Code of Conduct have been breached your continued membership of the bank may be reviewed in accordance with the procedure set out in the bank workers Code of Conduct.

 

If you have another substantive contract with the Trust, and are disciplined for conduct issues, your membership of the bank may be reviewed, and the disciplinary issues may also affect your substantive role.

 

15.      Complaints
If you wish to raise any complaints relating to your bank work under this Agreement, you should do so in accordance with the complaint’s procedure set out in the bank workers Code of Conduct.

 

16.      Health and safety
Under the provisions of the Health and Safety at Work Act 1974, the Trust undertakes to ensure as far as is reasonably practicable the health, safety, and welfare of those engaged to work on its premises. At all times you are expected to take reasonable care for the health and safety of yourself and others; to co-operate with the Trust as far as is necessary to enable the Trust to fulfil its legal obligations under the Act and to advise the Trust promptly of any injury sustained whilst on Trust premises or elsewhere that could affect your ability to provide services under this Agreement.

 

17.      Confidentiality of Information
During specific assignments under this Agreement, you may be party to confidential information regarding the Trust and or its workers or employees and or its patients. You may not divulge such information to any other person except with the specific authority of the Trust. The duty of confidentiality exists during and after any assignment under this agreement. Unauthorised disclosure of confidential information will result in your removal from the bank register.

 

18.      Data Protection and General Data Protection Regulations
The Trust retains and processes personal data in relation to its workers. In signing this Agreement, you agree to the Trust processing:

 

¡  personal data where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and

 

¡  special category data, including without limitation any medical records or health assessments where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and you acknowledge that such data may be legitimately disclosed to appropriate persons and the Trust’s professional advisors, pursuant to the Data Protection Act 2018 (“DPA”).

 

You must, always during this Agreement, act in accordance with the Data Protection Act 2018 principles and must comply with any policy introduced by the Trust to comply with the said Act. In this clause “personal data”, “processing” and “special category data” shall have the meanings set out in Chapter 2 of the Data Protection Act 2018.

 

In accordance with the principles of the DPA, the aim is to ensure that data held by the Trust is as accurate and up to date as reasonably practicable. If you consider that data held on you is or may be inaccurate, or if you wish to have access to such data, please contact HR.

 

For further information on how the Trust uses your personal data, please see the Trust’s privacy policy

 

19.      Declaration of Interests
You are required to declare on appointment to the bank register any business interest, position of authority in a charity or voluntary body in the field of health and social care, and any connection with a voluntary or other body contracting for NHS services that may cause a conflict of interest in carrying out your work under this Agreement.

 

20.      Registration
If you are offered bank work under this Agreement in a post which requires you to be registered with a Professional Body, the offer of work is conditional upon you meeting the registration requirements. It is your responsibility to ensure that such registration is maintained and to provide proof to the Trust of current registration. The Trust may ask you to provide proof of registration at any time.

 

A failure to be appropriately registered, or to provide proof of registration when asked to do so, will entitle the Trust to remove your name from the bank register and terminate this Agreement.

 

21.      CCTV
The Trust has installed CCTV in targeted areas for the security of workers, patients, and visitors to the Trust. You may therefore be monitored by CCTV whilst at work and such footage may be used during investigations into allegations made against you or other workers or employees at the Trust.

 

22.      Criminal Offences
If you are convicted of any criminal offence or receive a police caution, you should notify the Trust Bank Office who will determine whether this affects your ability to provide specific assignments and / or bank services under this Agreement.

 

The matter will be handled in line with the Bank Workers Code of Conduct.

 

23.      Security
You must always carry or wear an identification badge when providing bank services under this Agreement.  Failure to produce the identification, on request, may result in the Trust removing your name from the bank register and terminating this Agreement. The identity badge will be issued to you on your registration to the bank register and on leaving you are required to return the badge. If you lose your badge you must report the loss at once to your manager and you may be charged a fee of up to £5 for replacing the badge, at your manager’s discretion.

 

24.      Private property
The Trust accepts no responsibility for any money, articles, or personal possession, which are lost or damaged through any cause on any of its premises.

 

 

25.      NHS Indemnity
While you are performing assignments under this Agreement you will be indemnified in respect of any claims of clinical negligence made against you provided that

you have complied with all the Trust’s policies and procedures applicable to you under this Agreement.

 

26.      Changes of personal details
You are required to notify the Temporary Staffing team, of any change of address or any other change in your personal circumstances that may affect your provision of bank services under this Agreement.

 

27.      Entire Agreement
This agreement supersedes any previous agreement or agreements if any relating to the terms on which you provide bank services and sets out the entire agreement under which bank assignments will be offered to you and under which you will perform any bank assignments accept.

1.        Parties to the Agreement

This agreement is between the Isle of Wight NHS Trust (the “Trust”) and........................................................................ (“you”) for the provision of bank services by you to the

Trust (the “Agreement”).

 

2.        The status of the Agreement

This Agreement constitutes a framework of terms and conditions that will apply on each occasion that you provide bank services to the Trust. This Agreement is not a contract of employment and save for paragraphs 17 and 18 the terms of this Agreement will not apply other than for the duration of periods when you are providing bank services to the Trust.

 

There is no obligation on the part of the Trust to offer any work to you or for you to accept any offer of work made by the Trust under this Agreement.

 

For the avoidance of doubt the terms set out in paragraphs 17 and 18 will always apply including periods when you are not providing services to the Trust. Any contract of employment that you may have with the Trust will be separate from and wholly unconnected with this agreement.

 
3.        Entitlement to work in the UK
You warrant that you are entitled to work in the UK without any additional approvals and you must demonstrate your right to work in the UK to the Trust before commencement of this Agreement.    You will not be offered any work under this Agreement if for any reason your entitlement to work in the UK is compromised.

 

4.        Operation
From time to time and as and when required you may be offered work at the Trust. The hours and duties required will be specified before each assignment starts.

 

As stated above, the Trust has no obligation to offer you any work and you are not obliged to accept any work offered to you.

 

If you have a separate contract of employment with the Trust or elsewhere you should not accept bank work under this Agreement that will conflict with such  employment or that will cause you to exceed the working time limits set out in the Working Time Regulations 1998 (as amended) of 48 hours per week (unless you have signed an opt out agreement, copies of which are available from the HR department)  or that will conflict with the requirements for rest periods. Whether or not you have signed an opt out agreement, it is your duty to ensure you are working safe shifts.

 

If you have a substantive contract of employment with the Trust you should inform and seek support from your Line Manager before contracting to provide bank services.

 

5.        Place of work
The Trust’s main site is St Mary’s Hospital, Newport, Isle of Wight. However, you may be offered work at other Trust premises. Your place of work will be dependent on the assignment that you agree to work and the requirements of the Trust when offering you assignments. You are expected to be flexible in your approach to assignments and may be moved to different places of work or areas within the Trust during an assignment.

 

You will not be required to work outside the UK for more than one month.

 

6.        Duties
The principal duties that you will be required to perform will be provided to you at the commencement of each period of bank work under this Agreement.

 

7.        Remuneration
Your level of remuneration (hourly pay) will be as specified in relation to any assignment.

 

Remuneration is in line with Agenda for Change Pay scales Pay scales for 2024/25 | NHS Employers

 

You will be paid by credit transfer into a bank or building society account on the Friday of the following week in which you provide any services.

 

You may be entitled to pay enhancements depending on the hours you work. Enhancement entitlements are set out in the Trust’s Code of Conduct for bank workers.

 

8.        Deductions from pay
The Trust shall have the right to make deductions from any payment due to you where an overpayment has occurred. The mistake will be rectified by deducting a

sum equivalent to the overpayment from the next following payment.

 

9.        Paid leave
You are not entitled to any contractual leave. You are entitled to up to 5.6 weeks paid annual leave per year (the Trust’s holiday year runs from 1 April to 31 March) in respect of your bank work. You may take annual leave whenever you wish but, to ensure that you receive the correct pay according to your average hours of bank work, the pay that you are entitled to in respect of that leave is automatically paid to you as a supplement to your hourly rate for each hour that you work.  This is detailed on each of your payslips as “WTD pay” (Working Time Directive) and is calculated as an extra 12.5% of your basic hourly pay rate.  This is because: 1) a year is 52 weeks; 2) subtracting 5.6 weeks' holiday leaves 46.4 working weeks in the year; and 3) 5.6 is 12.5% of 46.4.  The 12.5% pay supplement therefore represents your entitlement to paid holiday expressed as a percentage of the hours that you work.

 

 

10.      Sickness absence and other paid leave
If you are unable to provide services that you have agreed to do because you are unwell it is your responsibility to notify the Temporary Staffing team as soon as possible. If you are unable, for whatever reason, to contact the Temporary Staffing team, you should contact site management and notify them of your absence. As a bank worker you are not entitled to occupational sick pay however may be entitled to Statutory Sick Pay, please speak to HR for more information.

 

You are not entitled to occupational family leave such as NHS maternity leave or NHS shared parental leave, but you may be eligible to statutory family leave and pay including statutory maternity leave, paternity leave, adoption leave and shared parental leave, which is paid. Please speak to HR for more information.

 

11.      Medical examinations / screening
You may be required to undergo a medical examination by the Trust’s Occupational Health Physician to confirm your fitness to work under this Agreement. The medical opinion of the Physician shall be final and binding.

 

12.      Termination of the Agreement
You are required to notify the Temporary Staffing team that you are no longer available for work in writing. This serves as a termination of this Agreement and, once acknowledged, you will be removed from the Trust’s bank register.

 

You should be aware that if records show that you have not accepted work for a period of 3 months it will be assumed that you know longer wish to remain on the bank register and you will be removed.

 

13.      Bank workers Code of Conduct
As a bank worker you are required to comply with the Trust’s Code of Conduct for Bank Workers, which is available from the Temporary Staffing team.

 

You are also required to remain up to date and comply with all Trust Policies and Procedures available to view on the Trust intranet

 

14.      Disciplinary issues
During periods of bank work under this Agreement you will be subject to the bank workers Code of Conduct. In cases where rules of the Code of Conduct have been breached your continued membership of the bank may be reviewed in accordance with the procedure set out in the bank workers Code of Conduct.

 

If you have another substantive contract with the Trust, and are disciplined for conduct issues, your membership of the bank may be reviewed, and the disciplinary issues may also affect your substantive role.

 

15.      Complaints
If you wish to raise any complaints relating to your bank work under this Agreement, you should do so in accordance with the complaint’s procedure set out in the bank workers Code of Conduct.

 

16.      Health and safety
Under the provisions of the Health and Safety at Work Act 1974, the Trust undertakes to ensure as far as is reasonably practicable the health, safety, and welfare of those engaged to work on its premises. At all times you are expected to take reasonable care for the health and safety of yourself and others; to co-operate with the Trust as far as is necessary to enable the Trust to fulfil its legal obligations under the Act and to advise the Trust promptly of any injury sustained whilst on Trust premises or elsewhere that could affect your ability to provide services under this Agreement.

 

17.      Confidentiality of Information
During specific assignments under this Agreement, you may be party to confidential information regarding the Trust and or its workers or employees and or its patients. You may not divulge such information to any other person except with the specific authority of the Trust. The duty of confidentiality exists during and after any assignment under this agreement. Unauthorised disclosure of confidential information will result in your removal from the bank register.

 

18.      Data Protection and General Data Protection Regulations
The Trust retains and processes personal data in relation to its workers. In signing this Agreement, you agree to the Trust processing:

 

¡  personal data where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and

 

¡  special category data, including without limitation any medical records or health assessments where this is necessary or reasonably required for the purposes of your work at the Trust (both during and after the duration of this Agreement) or the conduct of the Trust’s business or where it is required by law; and you acknowledge that such data may be legitimately disclosed to appropriate persons and the Trust’s professional advisors, pursuant to the Data Protection Act 2018 (“DPA”).

 

You must, always during this Agreement, act in accordance with the Data Protection Act 2018 principles and must comply with any policy introduced by the Trust to comply with the said Act. In this clause “personal data”, “processing” and “special category data” shall have the meanings set out in Chapter 2 of the Data Protection Act 2018.

 

In accordance with the principles of the DPA, the aim is to ensure that data held by the Trust is as accurate and up to date as reasonably practicable. If you consider that data held on you is or may be inaccurate, or if you wish to have access to such data, please contact HR.

 

For further information on how the Trust uses your personal data, please see the Trust’s privacy policy

 

19.      Declaration of Interests
You are required to declare on appointment to the bank register any business interest, position of authority in a charity or voluntary body in the field of health and social care, and any connection with a voluntary or other body contracting for NHS services that may cause a conflict of interest in carrying out your work under this Agreement.

 

20.      Registration
If you are offered bank work under this Agreement in a post which requires you to be registered with a Professional Body, the offer of work is conditional upon you meeting the registration requirements. It is your responsibility to ensure that such registration is maintained and to provide proof to the Trust of current registration. The Trust may ask you to provide proof of registration at any time.

 

A failure to be appropriately registered, or to provide proof of registration when asked to do so, will entitle the Trust to remove your name from the bank register and terminate this Agreement.

 

21.      CCTV
The Trust has installed CCTV in targeted areas for the security of workers, patients, and visitors to the Trust. You may therefore be monitored by CCTV whilst at work and such footage may be used during investigations into allegations made against you or other workers or employees at the Trust.

 

22.      Criminal Offences
If you are convicted of any criminal offence or receive a police caution, you should notify the Trust Bank Office who will determine whether this affects your ability to provide specific assignments and / or bank services under this Agreement.

 

The matter will be handled in line with the Bank Workers Code of Conduct.

 

23.      Security
You must always carry or wear an identification badge when providing bank services under this Agreement.  Failure to produce the identification, on request, may result in the Trust removing your name from the bank register and terminating this Agreement. The identity badge will be issued to you on your registration to the bank register and on leaving you are required to return the badge. If you lose your badge you must report the loss at once to your manager and you may be charged a fee of up to £5 for replacing the badge, at your manager’s discretion.

 

24.      Private property
The Trust accepts no responsibility for any money, articles, or personal possession, which are lost or damaged through any cause on any of its premises.

 

 

25.      NHS Indemnity
While you are performing assignments under this Agreement you will be indemnified in respect of any claims of clinical negligence made against you provided that

you have complied with all the Trust’s policies and procedures applicable to you under this Agreement.

 

26.      Changes of personal details
You are required to notify the Temporary Staffing team, of any change of address or any other change in your personal circumstances that may affect your provision of bank services under this Agreement.

 

27.      Entire Agreement
This agreement supersedes any previous agreement or agreements if any relating to the terms on which you provide bank services and sets out the entire agreement under which bank assignments will be offered to you and under which you will perform any bank assignments accept.

Agreement to opt out of maximum weekly working time

Under regulation 4(1) of the Working Time Regulations 1998 a worker's average working time, including overtime, must not exceed 48 hours a week unless the worker has previously agreed otherwise in writing.  

Please confirm your agreement that the limitation on your working hours will not apply, and that your average working time may exceed 48 hours in any given week.

You acknowledge that you OR we may terminate this agreement by giving three (3) months' written notice at any time of such termination.  This agreement shall remain in force until your engagement with us ends.

You will not be subject to any detriment if you choose not to sign this Declaration or if you exercise your right to terminate it.

I agree that the statutory maximum average working time of 48 hours a week shall not apply to my employment with Pulse Healthcare LTD trading as Bank Partners and that my average working time may therefore exceed 48 hours a week.

You can find more information about managing your marketing preferences here: https://www.bartshealth.nhs.uk/privacy

You can find more information about managing your marketing preferences: click here: https://www.gosh.nhs.uk/privacy-notice/ 

You can find more information about managing your marketing preferences here: https://www.bankpartners.co.uk/isle-of-wight-privacy-notice/ 

You can find more information about managing your marketing preferences here: https://www.porthosp.nhs.uk/about-us/information-governance/privacy-notice 

You can find more information about managing your marketing preferences here: https://acaciumgroup.jotform.com/Bank/north-mid-privacy-notice 

You can find more information about managing your marketing preferences here: https://www.bankpartners.co.uk/uclh/privacy-policy/ 

You can find more information about managing your marketing preferences here: https://www.bankpartners.co.uk/isle-of-wight-privacy-notice/ 

You can find more information about managing your marketing preferences here: https://static.trac.jobs/docs-employer/70/1732/MEH%20Privacy%20Notice.pdf 

You can find more information about managing your marketing preferences here: https://www.whittington.nhs.uk/default.asp?c=33205 

You can find more information about managing your marketing preferences here: https://www.bhrhospitals.nhs.uk/privacy 

You can find more information about managing your marketing preferences here:

Great Western Hospitals

Salisbury

Royal United Hospitals Bath