"The Company" refers to Astute Staffing.
"Client" means the brand owner licensee or otherwise the
party for whose benefit any work is
provided by you in accordance with this contract.
"Assignment" means the period during which it is agreed
that any such work is to be provided.
The purpose of this document, together with the
Confirmation of Campaign Details and/or Briefing Manual, is to define
the terms of, and the rules governing, your employment in accordance
with the requirements of current Employment Legislation. It is your
duty to observe the following rules and to behave in a reasonable
manner towards your fellow employees, the Company, its suppliers
and clients and at all times to act in the best interests of the
These terms and conditions, Company rules and
disciplinary procedure constitute a contract between you and us
and they govern all Assignments undertaken by you. Once signed,
they will be deemed to have been accepted each time a booking for
an Assignment is accepted. Any additional terms or rules specific
to each Assignment will be discussed at the time of booking and
provided to you in writing as part of your Confirmation of Campaign
Details and/or Briefing Manual. However, no contract shall exist
between you and us between Assignments (except where expressly provided
to the contrary). For avoidance of doubt, the obligations set out
in these Terms will only apply when you are booked on an Assignment.
These obligations will not exist between Assignments. For the avoidance
of doubt, you are not an employee of the Company between Assignments.
We reserve the right to vary the terms of the contract between us
or any Assignment without liability by prior notice at any time
prior to or during the course of any Assignment.
We may offer you suitable Assignments on a non
- exclusive basis (without being under any obligation to do so).
You acknowledge that the nature of Assignments is such that there
may be periods when no suitable Assignments are available and agree:-
(a) We shall solely determine that suitability.
(b) that we shall incur no liability should we
fail to offer you opportunities to fulfil any Assignment or Assignments.
(c) that you will at our request at any time (whether
before or after the commencement of any Assignment) withdraw from
any Assignment forthwith following such request without any liability
on our part to you. The company reserves the right not to pay wages
for work not done.
(d) to indemnify us and hold us harmless in respect
of all and any liabilities, losses, expenses, costs claims or damages
incurred or suffered by us as a result of us entering into these
terms with you or arising directly or indirectly as a result of
any breach by you of any of these Terms or any negligent act or
omission on your part whilst engaged on any Assignment unless the
same is due to a proven negligent act or omission by us.
(e) to the extent permissible by law to the processing
of your personal data by us for the purposes of the Company set
out in our Data Protection Policy forming part of these Terms of
Employment under applicable data processing legislation and as a
separate and continuing warranty you hereby warrant to us the accuracy
of such data each time you commence an Assignment.
(f) You are not obliged to accept any Assignment
offered by us.
Notwithstanding the length of an Assignment as
detailed in the Confirmation of Campaign ("the Assignment Period"),
Astute Staffing reserves the right to terminate your employment
before the expiry of the Assignment Period should the Assignment
terminate early. The Company will reimburse you for wages lost through
early Assignment termination at 50% with 7 days of commencement
of each Assignment day & 100% with 48 hours of commencement
of each Assignment day.
You will keep confidential, both during and after
the termination of this contract, without limit in point of time,
all information that may be obtained in the course of the Assignment.
Confidential information concerning the business and the affairs
of the Company, any associated company, the Company's Clients and
their customers must not be disclosed to unauthorised persons.
The Company reserve the right to terminate engagement
summarily (i.e. without notice) for reasons of gross misconduct
or material breaches of these Terms of Employment. Examples of gross
misconduct are: gross insubordination, aggressive behaviour, excessive
bad language, theft, fraud, negligence and refusal to work as instructed;
these examples are not exhaustive.
If reports and paperwork are not completed to
the required standards we reserve the right to either withhold wages
and expenses until such time as the work is completed to the required
standard within the specified timescales or to terminate this agreement
without notice. Once you have completed the reports and paperwork
to the required standard, you will receive your wages.
The Company reserve the right to audit your wages
and expense claims, to amend excessive claims and to deduct any
excess amounts claimed from any sums due to you from the Company.
The Company also reserves the right to make deductions from outstanding
wages and expense claims, for this and future Assignments, to recover
monies owed to them as a result of over payment of wages / expenses,
or to repay the cost of stock / uniforms / equipment both for this
Assignment and for previous Assignments worked, if monies are still
outstanding and owed to us.
Without limitation, in the event of a complaint
being made against you we reserve the right to withhold any sums
otherwise due to you from the due date pending an investigation.
All complaints will be dealt with in accordance with disciplinary
procedure, featured later in this document.
The Fees applicable to you will be notified on
a per Assignment basis, as part of the Confirmation of Campaign
Details, Each complete hour actually worked by you during an Assignment
will be paid subject to deductions in respect of PAYE Class I National
Insurance Contributions, Income Tax and any other deductions that
we may be required by law to make. Subject to your entitlement for
Statutory Sick Pay (see below), you are not entitled to receive
payment from us or our Clients for the time not spent on Assignment,
whether in respect of illness or absence for any other reason.
Unless otherwise agreed we will make payments
to you as set out above monthly in arrears for each complete hour
for which you are engaged upon an Assignment in the month preceding
If you are absent from work due to ill health,
you are entitled to receive Statutory Sick Pay ("SSP")
from your fourth qualifying day of sickness at the current applicable
rate. Your qualifying days have been set as Friday and Saturday
of a given week. This is payable for a maximum of 28 weeks. For
the avoidance of doubt, the Company is under no obligation to make
payments to you in excess of SSP for absence due to sickness.
In respect of Holiday, the provisions of the Working
Time Regulations 1998 shall apply and further information can be
provided upon request. Any Holiday pay due to you must be claimed
within the year, January to December, that the Holiday pay was accrued.
We reserve the right to cancel the contract between
us at any time by notice in writing. We may also terminate the contract
forthwith if you are in breach of contract, if you commit any act
of fraud or dishonesty, if you are made bankrupt or you are absent
for any reason during an Assignment.
We shall not be liable to you for any period in
which performance hereunder is delayed by circumstances beyond our
You hereby irrevocably, unconditionally, with
full title guarantee and by way of assignment of present and future
copyright, assign absolutely to us the full copyright in the products
of your services as provided in respect of each Assignment for the
full period of copyright wherever in the world enforceable together
with all further rights therein to which you may be entitled and
waive any moral rights you may have therein to us.
We may assign charge or otherwise deal with the
benefit of these terms in any way and our rights hereunder shall
inure to the benefit of our successors in title and assigns.
These rules form part of your agreement with us
and are binding upon you.
1. Punctuality is essential. We expect you to
allow yourself enough time to get to the venue/location taking into
account all eventualities. You must inform your Astute Staffing
Staff contact and/or your Team/Event Manager in good time prior
to being late.
2. Wage claims must reach Astuet Staffing no more
than one month after the last day of the campaign (not necessarily
the last day you worked) for payment to be made.
3. Receipts for legitimate expenses incurred must
be submitted for all expense claims if you want us to reimburse
you. These will only be accepted by Astute Staffing if:
You have this agreed and in writing from Astute
- They are in good condition
- Are in date order
- Claiming for the day you worked
- Cover food, drink and other agreed expenses i.e. cleaning products,
not excessive alcohol, cigarettes, magazines, cat food etc.
- You have entered total amounts you are claiming for on your
ALWAYS KEEP YOUR OWN RECORD!
4. For Event and Assistant Event Managers, a 'daily rate' constitutes
a live day of up to ten hours. It covers an eight hour live day,
plus an additional one hour set up and one hour set down either
side of the live hours.
5. Any overtime (work over ten hours as stated above under 'daily
rate') must be agreed with the account handler before the event,
and is at their discretion.
6. If you are ill you must inform your Astute Staffing Staff Contact
and/or your Team/Event Manager at least 3 hours before the start
of the assignment, but ideally as soon as possible.
7. If you are absent from work due to illness, which continues
for 7 days or more you must provide proof of such illness by way
of doctor's note, although any absence from any Assignment for any
reason may terminate the contract between us.
8. Breaks during working hours will be arranged by your Team/Event
Manager and / or will be detailed in your briefing manual and must
be adhered to.
9. Regularly update Astute Staffing with photos/visit if your appearance
changes e.g. hair length/colour.
10. Mobile phones must not be used whilst working unless specifically
asked to do so.
11. You must check in with your Astute Staffing Staff contact each
morning of an Assignment to confirm you are ready to start and raise
any issues with the relevant Team / Event Manager.
12. Under no circumstances can you sub-contract your work (invite
anyone to take your place on any job) or carry out the work at times
other than those stipulated to you. Failure to adhere to this rule
will constitute a material breach of your terms of employment and
you will be dismissed without notice. If you are unable or unwilling
to carry out or complete an Assignment you must notify us immediately.
We reserve the right to find a suitable replacement when you inform
us that you are unable or unwilling to complete an Assignment.
13. Make up, jewellery and all clothing items must be worn as specified
in the briefing document.
14. Whichever is applicable to you; make up should be kept simple,
you should be clean-shaven and hair and nails should be neat, tidy
15. Smoking is not permitted while on any job (if smoking on breaks,
do it in a suitable area and NOT in branded uniform in any event).
16. You must not eat, drink, or chew gum whilst working.
17. Alcohol or other substances must not be consumed prior to or
18. Unless otherwise specified all uniforms and other items of
stock used on any Assignment remain the property of Astute Staffing
and must be returned in the same condition as they were provided
19. Do not leave the job early without approval from Astute Staffing
20. If you are suffering from any infection or medical condition
likely to affect your ability to carry out the job (e.g. food poisoning
whilst engaged on a promotion where food preparation is involved)
you must notify the Company immediately.
21. If you are provided with accommodation during an Assignment,
you may be required to share a room where circumstances dictate.
Any accommodation costs exceeding any agreed figure must be borne
by you. The Company will not pay your bar bills, hotel or telephone
bills, room service or other related costs.
22. Any uniform provided for the Assignment must be kept clean
by you, and worn correctly at all times during the performance of
the duties under this contract. Event Managers should inform the
office if uniform needs laundering during or after the campaign.
23. By signing the attached terms you assign to us all your intellectual
property rights in any photographs, videos or other copyright works
produced by the provision of the services under this Agreement.
You hereby waive all moral rights.
24. On occasion an Assignment may involve the collection, by you,
of personal data (e.g. name, address etc) from members of the public.
The processing of personal data is regulated by the Data Protection
Act 1998. You have a responsibility to ensure that any personal
data collected by you is safely stored and / or transferred to Astute
Staffing. Please have respect for the privacy of the individual
and the sensitive nature of the information you are handling. No
data should ever be shared with any other person or company and
must not be copied or changed in anyway. The briefing manual specific
to each Assignment will detail exactly what and how information
should be collected and in what form, prize draw, questionnaire
25. Please familiarise yourself with any competition, coupon or
prize draw terms and conditions. Be aware that it is standard for
employees and their families to be exempt from entering.
26. We may terminate the contract at any time during an Assignment
provided we give you notice. You will be paid for any days you have
actually worked to date, provided you have performed satisfactorily.
We may also terminate the contract if you are in breach of contract,
if you have misrepresented any material fact to us, if you commit
any act of fraud, deception or dishonesty, if you are made bankrupt
or you are absent for any reason during an Assignment.
27. It is a condition of your employment that you attend all face
to face briefings that Astute Staffing invite you to. Failure to
do so will entitle Astute Staffing to terminate this agreement without
notice. Astute Staffing reserves the right to withhold payment for
briefings if you subsequently fail to start work on the Assignment.
28. Astute Staffing is entitled to protect confidential information
relating to its business. Such confidential information includes,
but is not limited to, the terms of the contract between us and
in particular any agreed fees and other remuneration that you receive.
Any disclosure of confidential information of the Company by you
may result in immediate removal from Assignment, deletion from the
Company database and legal action.
29. While on an Assignment or at any other time Astute Staffing
is not liable to you for any loss or damage whatsoever to your personal
property. You are advised to take out suitable insurance.
30. It is a condition of you being engaged by Astute Staffing in
any Assignment that you have a right to work in the UK, and that
if you require a visa or work permit to work in the UK then such
visa or work permit is current and valid. You must provide Astute
Staffing with a copy of your current Passport and (if applicable)
the visa, work permit or other document that entitles you to work
in the UK prior to you commencing any Assignment.
31. If you are required to use a vehicle for an Assignment you
must hold a full British driving licence and provide us with a copy.
32. If required to use your own car you must ensure your insurance
company adequately insures your vehicle. If you are required to
carry stock or engage in commercial travelling activities, you may
be required to take out additional cover.
33. If you are responsible for any vehicle (including generators)
whilst working for Astute Staffing:-
a) You are not permitted to use the vehicle or generator for non-work
b) Reasonable petrol expenses only will be paid for work related
journeys upon production of appropriate receipts or other evidence
of payment. This also applies to fuel cards.
c) Always drive with due care or attention and observe speed limits.
Please note it is your responsibility to be aware of the speed limits
for the vehicle you are driving. You are responsible for speeding
d) Please consider carefully where the vehicle is parked, remembering
if it is branded it will attract attention. Responsibility for parking
tickets is at the discretion of the Account Handling team.
e) Please inform the office if you have driven or plan to drive
in the Congestion Charging zone. Responsibility for fines is at
the discretion of the Account Handling team.
f) Loss of instruction manuals or any other equipment, damage or
destruction and any cost incurred is your responsibility.
g) Do not allow anyone else to drive the vehicle without prior
permission from Astute Staffing.
h) You are responsible for knowing and ensuring the correct fuel
is used to fill vehicles and generators. If you use the wrong fuel
you are to inform the office immediately AND NOT START THE ENGINE!!!
Any cost incurred from incorrect maintenance could be deducted from
your wages at the discretion of the Account Handling team.
34. You may be provided with a fuel card for an Assignment when
necessary. As soon as that particular Assignment finishes you will
be required to return you card immediately to Astute Staffing. Failure
to do this will jeopardise your chances of receiving a card in the
35. Fuel Cards used out of work and for personal purposes will
be cancelled and the subsequent costs recouped from your wages.
The cashier will need to know your registration number and mileage
which are recorded and noted on the invoices Astute Staffing receives.
36. Please retain all fuel receipts in case of queries.
37. Lost or stolen cards must be correctly reported to Astute Staffing
immediately. Charges resulting from lost cards after 48 hours of
being lost will be the responsibility of the card holder. Please
keep your card number safe so this can be given in this case. If
you report you card stolen then recover it do not use it. Report
this to Astute Staffing who will have the card re-instated.
38. Any driving offences whilst the vehicle is in your care are
your responsibility. You must pay all fines levied on the vehicle
directly to the relevant authority within the allowed time. Neither
fines nor surcharges for late payment are reimbursable by the Company.
Any costs incurred as a result of non-payment will be charged to
you together with any appropriate administration charge.
39. You must notify the Company immediately if summoned for a driving
related offence, the outcome of any court hearing and co-operate
fully with the Company including providing such details as may be
40. Astute Staffing reserves the right to search your personal
effects, at any time, in the course of an investigation by an authorised
Company employee. Should you so wish the search will be made in
the presence of a witness nominated by yourself. This person must
also be employed by Astute Marketing.
41. You must claim all wages & expenses owed to you all wage
claims must be received within one month of the last day of the
campaign worked. Failure to do so will result in non-payment. This
rule does not apply to holiday allowance claims.
42. You must return campaign kit in a complete, clean and secure
state. Any missing / soiled / broken items will be charged to you
at Astute Staffing's discretion.
Disciplinary and Grievance Procedure
If you have a grievance relating to your employment, you should
write to the Senior Staffing Manager, Astute Staffing, setting out,
in detail the circumstances surrounding your grievance. You will
then be contacted to discuss the allegations and a decision will
be made and communicated to you.
If you are not happy with the resulting decision, you may require
the matter to be looked at by the Astute Staffing company board.
They shall consider your grievance and will notify you of their
decision, which will be final and binding.
If a complaint is made by you, Astute Staffing shall immediately
start an investigation. You must provide all relevant details such
as name and address of complainant, date of alleged incident, nature
of complaint and category/grade of complaint and staff member's
If a complaint is made about you, Astute Staffing will ask you
to attend an interview to discuss the allegations. Your co-operation
throughout Astute Staffing's investigations would be appreciated
and will quicken the process.
Astute Staffing shall endeavour to interview the staff member as
soon as reasonably practicable upon receipt of a complaint.
Please be aware for serious complaints, the staff member/you may
be suspended until the complaint has been resolved and any consequent
Astute Staffing shall act reasonably in considering
and investigating complaints made against members and will consider
the information provided in response to the complaint from the staff
member, including the interview with the staff member.
Astute Staffing shall then inform the staff member/you
of their decision, be it verbal warning (recorded on your file for
up to 6 months), written warning (recorded on your file for up to
12 months) or dismissal in the event of continued breaches of terms/Company
rules or gross misconduct (see Terms and Conditions).
If you are not happy with the resulting decision,
you may appeal against any decision in writing and within 5 working
days to Astute Staffing. They shall consider your appeal and will
notify you of their decision, which will be final and binding.
Data Protection Policy
The processing of personal data is regulated by
the Data Protection Act 1998.
The Company keeps employee data in both manual
and electronic form. Such data will include the employee's full
name, address, date of birth and next of kin. It may also include
details of any disciplinary record, sickness record, appraisal reports
The Company will usually only provide your details
to potential hirers with your consent. However, on some occasions
this may not be possible, for example, due to the urgency of the
By signing this document you consent to the Company
holding and processing any information about you which you provide
to the Company or which the Company may acquire as a result of your
employment with them. You also consent to the Company holding and
processing any sensitive personal data about you, "sensitive
personal data" having the meaning given to it in the Data Protection
Under the Data Protection Act 1998 you have the
right to view and get a copy of the information we have on you and
correct any inaccuracies.
Health & Safety
Astute Staffing recognises it has a responsibility
to take all reasonably practicable steps to safeguard the health,
safety and welfare of its employees. To achieve this, every effort
is made and will continue to be made, to provide the safest and
healthiest working conditions possible. Your Health & Safety
at work is protected by law (the Health & Safety at Work Act)
and the law places responsibilities on both the Company and the
It shall be the duty of every employee while at work:
- to take reasonable care for his own safety, health and welfare
and that of any other person who may be affected by his acts or
omissions while at work;
- to co-operate with his employer and any other person to such
extent as will enable his employer or the other person to comply
with any of the relevant statutory provisions;
- to use in such manner so as to provide the protection intended,
any suitable appliance, protective clothing, convenience, equipment
or other means or thing provided (whether for his use alone or
for use by him in common with others) for securing his safety,
health or welfare while at work;
- to report to his employer or his immediate supervisor, without
unreasonable delay, any defects in plant, equipment, place of
work or system of work, which might endanger safety, health or
welfare, of which he becomes aware; and
- not to intentionally or recklessly interfere with or misuse
any appliance, protective clothing, convenience, equipment or
other means or thing provided in pursuance of any of the relevant
statutory provisions or otherwise, for securing the safety, health
or welfare of persons arising out of work activities.
Any injury, however small, should be immediately
reported to your Event Manager / Team Leader in the field and /
or Astute Staffing head office. Detailed notes of the accident will
be taken and recorded on the accident report form. Preferably the
staff member involved will complete an accident report form also.
In addition, if the accident occurs in a retail
outlet or on-site at any other location, you should also report
the accident to the retailer or Duty Manager for that location e.g.
shopping centre or theme park.
A first aid kit and fire extinguisher will be
provided for you.
Employment Rights Act 1996 ("ERA")
The Confirmation of Campaign, Terms and Conditions,
the Company Rules and Disciplinary Procedure contain the written
particulars required to be given under Section I of the ERA and,
in particular, the information referred to in Section 1(4) of the
ERA to the intent that, as at the date hereof, the Company shall
not be required to deliver to you a separate written statement pursuant
to Section I of the ERA.
Previous Employment Contracts
The Confirmation of Campaign Details, Terms and
Conditions, the Company Rules and Disciplinary Procedure are in
substitution for all previous employment contracts between you and
Astute Staffing (if any) which shall be deemed to have been terminated
by mutual consent as of the date hereof.
I hereby agree I have read and understood Astute
Staffing terms of engagement, Company rules and disciplinary and
grievance procedure. I understand that failure to comply with these
may result deduction of wages and / or disciplinary action.
Agreement to Opt Out of Regulation 4(1) of the
Working Time Regulations 1998
1. Agree with, James Mountstephens, Managing Director
of Astute Staffing, 1 The Old Mill, Dromara, Dromore, County Down,
Northern Ireland, BT25 2QF that the limit in regulation 4(1) of
the Working Time Regulations 1998 shall not apply to me and that
the average working week may therefore exceed 48 hours for each
seven- day period (as defined by and calculated in accordance with
the Working Time Regulations 1998).
2. This agreement shall apply from that date of
signing until further notice.
3. I agree that I will
comply with any and all policies of Astute Staffing from time to
time in force, which relate to the maintenance of records of my
hours of work.
4. I agree to give three
months' notice in writing to Astute Staffing if I wish to terminate