TERMS & CONDITIONS
1.1 Mascot Group Ltd a field staffing agency that is engaged by clients to carry out Assignments across the UK. The Company is registered at 2/6 Grandfield Edinburgh EH64TJ.
1.2 Mascot Group Ltd requires casual staff because of fluctuating demands of the business and is entering this agreement to record the terms of agreement on which a casual agreement is entered into
1.3 This agreement sets out the contractual arrangements between Mascot Group Ltd and You ('You')
1.4 This agreement supersedes all previous agreements between You and the Company
1.5 The Company may review and /or update the terms on which it offers such work from time to time. In the event of changes the Company may terminate this agreement by notifying You in writing and at their discretion You will offered a new agreement
1.6 This agreement is governed by Scottish law
2 Working as a Casual Employee
2.1 Accepting an Assignment does not create any obligation on You to work for the Company or on the Company to provide work to You and there will be no mutual obligation between the parties
2.2 The worker is free to provide service to any other party at the same time as being engaged by the Company and the Company acknowledges that it will not have first call on the services of the worker in priority to any other third party
2.3 Each offer of work by the Company 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 where offered.
2.4 The fact that the Company 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.
2.5 You acknowledge that by accepting as Assignment, You confirm with Mascot Group Ltd that;
a. You are legally entitled to work in UK
b. You have never been convicted, found guilty by a court or have action pending of any offense in any county (excluding parking but including all motoring offences)
c. You have never been convicted by a Court Martial or sentenced to detention or dismissal whilst serving in the Armed Forces of the UK or any Commonwealth or foreign country
2.6 You acknowledge that by accepting as Assignment, You must provide Mascot Group Ltd with;
d. Your National Insurance number
e. Your Bank account details (If Your bank account details change You must inform Mascot Group Ltd immediately)
f. A completed P46 form
3 Working Hours
3.1 Some Assignments may require You work extended hours. You therefore agree to opt out of the 48 hour limit on a week’s work.
3.2 For all Assignments you are expected to arrive at least 15 min prior to the work commencement time, unless otherwise stated in the Assignment.
3.3 You will be entitled to breaks where You work more than six hours in one day, this will be detailed in the Assignment.
4.1 Mascot Group Ltd will make details of Assignments available to You for review. In accepting an Assignment, You agree to the Terms of the Assignment.
4.2 The precise nature, location, hours and fees of an Assignment will vary and You will be required to carry out different duties. You will be informed of the requirements at the start of each Assignment.
4.3 You are not obliged to accept an Assignment when it is offered.
4.4 You acknowledge that Mascot Group Ltd is not obliged to offer You Assignments, and that suitability for an Assignment will be determined by Mascot Group Ltd.
4.5 In order to assist the company in booking work, You are required to complete Your online profile. It is Your responsibility to ensure this information is kept up to date and is accurate.
5 Performance on Assignments
5.1 You agree to carry out Assignments for Mascot Group Ltd in accordance with these Terms and Conditions, any additional Assignment Terms and Mascot Group Ltd Manual.
5.2 You agree to carry out Assignments in a competent and professional manner.
5.3 At times You will be provided with a uniform, material or equipment by the Company or client (Client Property) as part of an Assignment. You must ensure that all Company and Client Property is returned in accordance with the directions of Mascot Group Ltd. If You cannot return Client Property for any reason, You must inform Mascot Group Ltd immediately and You may be charged if replacement must be bought.
5.4 You agree to comply with all applicable health and safety obligations in relation to the performance on the Assignment.
5.5 You agree to take all reasonable steps to safeguard Your own and the safety of others who may be affected by Your actions whilst working on an Assignment.
6 Driving For Work
6.1 Some Assignments may require that You drive Your own or a hired vehicle. You are responsible for arranging Your own insurance for Your vehicle but if using a hired vehicle Mascot Group Ltd will arrange insurance on Your behalf for the duration of the Assignment.
6.2 It is Your responsibility to pay the congestion charge if You drive through the Central London Charging Zone whether in Your own or a hired vehicle. This will be reimbursed in pre-agreed as part of the Assignment. This should be included in Your expense claim.
6.3 You are responsible for any traffic violations, parking or congestion zone fines incurred whilst working on an Assignment.
6.4 If You incur a fine or penalty whilst driving a hired vehicle Your details will be passed to the relevant traffic authority. Any costs incurred directly by Mascot Group Ltd as a results of such penalty will be deducted from Your next pay.
6.5 If You are provided with a fuel card You must use it responsibly and only for the Assignment it was issued for.
6.6 When You receive a hired vehicle, it is important You check it for damage and make a note of any You find. If the vehicle incurs damage while in Your care You will be liable for the costs of repair, or the insurance excess fee of £250, whichever is less. We advise You make the appropriate checks, and take photos of the vehicle on receipt.
6.7 If You have an accident while in a hired vehicle You must report it to the office immediately.
6.8 You will be asked to fill out an incident form and if an insurance claim has to be made because of the incident You will be liable to pay the excess fee of £250.
7 Disciplinary Procedure
7.1 Mascot Group Ltd operates a two strike policy whereby You will be removed from our books on Your second strike. For more serious offenses instant dismissal may also be appropriate. Details of what constitutes a strike or warrants instant dismissal is detailed in the Mascot Group Ltd Handbook or specific to the terms of an Assignment.
7.2 Mascot Group Ltd reserves the right to remove You from an Assignment in the event of a offense. You will be paid up to the time of termination. No payment will be made for any remaining period of the Assignment.
7.3 Mascot Group Ltd reserves the right to make payment deductions as appropriate where the terms of this Agreement or an Assignment have not been met or for any sums You owe the Company including but not limited to outstanding floats or missing company property.
8.1 Mascot Group Ltd will pay You fees as specified and agreed in the Assignment terms offered and accepted by You at time of booking. Fee rates are confidential between You and the Company.
8.2 You will only be paid for the hours You have been booked for and worked.
8.3 Mascot Group Ltd processes all fee payments once monthly.. The Company’s current daily renumeration rate (comprising base salary & holiday pay) for casual workers will be confirmed at the time of each booking. Fee claim cut off date is the 24th of every month and payments will be deposited on the 4th of every month or the Friday before if it falls on a weekend.
8.4 Payslips will be provided each month.
8.5 All payments will be subject to the deductions as are required by law and include PAYE and National Insurance Contributions.
8.6 You are entitled to paid holiday which is calculated at 12.07% of your hourly rate. This is included in your payslip.
8.7 Although unlikely mistakes may occur with payment of fees. You should check your payslip and in the event of a discrepancy raise the matter immediately.
8.8 If there is an underpayment the Company will correct this by making a payment to You.
8.9 In the event of an overpayment the Company will reclaim the overpayment either by making deductions on Your next months wages or by separate agreement with You.
9.1 You are responsible for the cost of the travel to and from Assignments unless otherwise specified in the Assignment.
9.2 Approved expenses will be paid only on production of an original receipt and only to the limited agreed in the Assignment terms. Expenses must be claimed within 3 months of the last live dates as we will not be able to reimburse them after this period.
9.3 Some Assignments require a pre-agreed float payment to be issued in advance to cover planned expenses. The full float payment will be automatically deducted from Your next pay, therefore You must submit Your expenses in order to be reimbursed for the expenditure.
10 Cancellation of Assignments
10.1 If You are unable to carry out an Assignment because of illness or incapacity, or unavailability for another reason, You must notify Mascot Group Ltd as soon as You become aware that You cannot work. You will not be entitled to receive any fees in this event.
10.2 The Company reserves the right to terminate an assignment at any time for operational reasons.
11 Confidential Information
11.1 You must not disclose, divulge, or communicate to any third party, in any form or by any means any confidential information of which You become aware through the performance of Your obligations under this Agreement. Your obligations with respect to confidentiality survive the end of the Agreement
12 Data Protection
13.1 You consent to the Company holding and processing, both electronically and manually, the data that we collect about You, in the course of our working relationship, for the purposes of the administration and management of our staff and our business and for compliance with applicable laws, procedures and regulations.
13 GDPR and Your Personal data
When you first register with MASCOT, you will create a record in your name and include details about yourself so that we can best match you with any temporary work through MASCOT. If relevant, we will add information to this record if you want to contact us to update us verbally on any changes to your circumstances.
MASCOT Group LTD is the data controller for this personal data.
We take security very seriously. All MASCOT HQ staff are made aware of the security procedures they must follow when handling personal information. Data is protected from unauthorised access and we are confident no-one will be able to access your personal information unlawfully.
13.1 What we DO with your DATA
We use your data to constantly improve our service to you and provide you with the most relevant information to help you obtain temporary employment through MASCOT Group LTD. For example, when we receive a job brief requiring a candidate with certain prior experience in a similar role, we then can define if the role is more relevant to you and send you job alerts.
Whatever stage you're at within the MASCOT sign up process, we will hold your contact details on file and, if you’ve agreed to receive job alerts, we’ll send you relevant communications regarding this.
13.2 What we DON’T do with your DATA
We at MASCOT Group LTD will always treat your personal data with confidentiality and respect. We will never:
1. Sell it to Third Parties.
2. Leave it unprotected – all Data is held within secure servers.
3. Collect it unnecessarily.
4. Send you unsolicited advertising material.
And that's our promise to you.
13.3 Your Rights and Control you have as a MASCOT
You are always in control of the data we hold about you and you can change the way we communicate with you at any time. To change this please contact email@example.com and we will be more than happy to help.
14 Termination of Agreement
14.1 Any term of this Agreement which is void, illegal or unenforceable may be severed from the Agreement and the remaining terms or parts continue in force.
14.2 If You no longer wish to be considered for casual work You should inform Mascot Group Ltd and request removal from the staff database.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
It applies to all employees and casual workers.
Mascot Group Ltd is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to current and former employees, casual workers, workers and contractors. This notice does not form part of any contract of employment, terms and conditions or other contract to provide services. We may update this notice at any time.
We will comply with data protection law. This says that the personal information we hold about you must be:
· Used lawfully, fairly and in a transparent way.
· Relevant to the purposes we have told you about and limited only to those purposes.
· Accurate and kept up to date.
· Kept only as long as necessary for the purposes we have told you about.
· Kept safely on secure servers.
Personal information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
National Insurance number.
Bank account details, payroll records and tax status information.
Salary, annual leave, pension and benefits information.
Location of employment or workplace.
Copy of driving licence only where applicable to job role
Copy of passport and/or visa
Disciplinary and grievance information.
How we collect your personal information
We collect personal information about employees and casual workers through the Mascot Group online application and recruitment process.
We may collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we use your personal information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
· Where we need to perform the contract or terms and conditions we have entered into with you.
· Where we need to comply with a legal obligation.
Situations in which we will use your personal information
We need all the categories of information in the list above primarily to allow us to offer and perform our contract with you and to enable us to comply with legal obligations. The situations in which we will process your personal information are listed below.
Determining the terms on which you work for us.
Making a decision about your recruitment or appointment
To send e-mails notifying you of available jobs
Checking that you are legally entitled to work in the UK.
Paying you and, where we are required to do so, deducting tax and National Insurance contributions.
Liaising with the company’s pension provider.
Administering the contract we have entered into with you.
Business management and planning, including accounting and auditing.
Gathering evidence for possible grievance or disciplinary hearings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, other employees, other casual workers and contractors, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
To conduct data analytics studies to review and better understand employee and worker retention and attrition rates.
Equal opportunities monitoring.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information or fail to ensure existing information is up to date and correct when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information for the purposes for which we collected it.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Do we need your consent?
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
We may have to share your data with third parties, including businesses that require temporary staff, third-party service providers and other entities in the group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
The following activities are carried out by third-party service providers: pension administration, software management and HR support.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the company Data Protection Officer of individual responsible.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy can be requested in writing from the Data Protection Officer.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, casual worker or worker of the company we will retain and securely destroy your personal information in accordance with our data retention policy.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete personal information.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the company Data Protection Officer in writing.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the company Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact the company Data Protection officer via firstname.lastname@example.org