InnrCircle Ltd trading as DMS Contractors

1. About these Terms

These Terms & Conditions govern the relationship between InnrCircle Ltd trading as DMS Contractors ("DMS") and any individual or business registered with DMS for the purpose of undertaking temporary assignments for DMS clients ("Contractor").

DMS operates as an employment business and provides temporary workforce solutions to clients primarily within the fire alarm, electrical and security sectors.

By registering with DMS and agreeing to these Terms, the Contractor agrees that DMS may seek and offer suitable assignments to them subject to these Terms.

2. Basis of Engagement

Unless otherwise expressly agreed in writing, the Contractor is engaged by DMS under a contract for services.

The Contractor is not guaranteed any minimum amount of work, minimum number of hours or continuing assignments.

DMS is not obliged to offer any particular assignment and the Contractor is not obliged to accept an assignment offered to them.

Each assignment is separate and subject to the details provided when the assignment is offered.

The description of the relationship within these Terms does not override the legal employment or tax status that applies to an individual based on the circumstances of their engagement.

3. Assignments

When offering an assignment, DMS will provide the Contractor with the relevant information available to it, which may include:

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  identity of the client;
  
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  site/location;
  
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  nature of the work;
  
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  required skills or experience;
  
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  date and expected working hours;
  
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  expected duration;
  
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  agreed rate of payment;
  
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  relevant health and safety information; and
  
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  any other material requirements of the assignment.
  

The Contractor may accept or decline an assignment.

Once an assignment has been accepted, the Contractor is expected to attend and complete the assignment as agreed.

If the Contractor becomes unable to attend, they must notify DMS as soon as reasonably possible.

4. ServiceM8

DMS uses ServiceM8 to allocate and manage assignments.

Contractors may be provided with a ServiceM8 account and must use it where requested to:

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  access assignment information;
  
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  check in and out;
  
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  complete job checklists;
  
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  upload photographs or supporting evidence;
  
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  add relevant job notes;
  
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  obtain site/client sign-off where required; and
  
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  provide other information reasonably required to evidence completion of an assignment.
  

Login details must not be shared with another person.

5. Standard of Work

The Contractor agrees to carry out accepted assignments:

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  with reasonable skill and care;
  
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  safely and professionally;
  
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  in accordance with applicable legislation and site requirements;
  
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  in accordance with reasonable instructions relating to the assignment;
  
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  within the scope of their skills, training and qualifications; and
  
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  in a manner that does not damage the reputation of DMS or its clients.
  

A Contractor must not undertake work for which they do not possess the necessary competence, qualification or authorisation.

Any issue affecting the safe or satisfactory completion of an assignment must be reported to DMS promptly.

6. Qualifications and Information

The Contractor must provide accurate and complete information concerning their identity, experience, qualifications, training, licences and other relevant capabilities.

Where an assignment requires particular qualifications, certifications or authorisations, DMS may require evidence before allocating the Contractor to that assignment.

The Contractor must notify DMS if any information previously supplied becomes inaccurate, expires or is withdrawn.

7. Identity and Right to Work

The Contractor confirms that information provided to DMS regarding their identity and entitlement to undertake work in the United Kingdom is accurate.

The Contractor agrees to provide information and documentation reasonably required by DMS to verify their identity, Right to Work or other compliance requirements.

Failure to provide requested verification may result in assignments or payments being temporarily held while the matter is investigated, except where payment is legally due for work already performed.

That last wording is important. I would not put a blanket “no Right to Work form = we don't pay you” clause in the contract.

8. Payment

The rate payable for each assignment will be communicated to the Contractor before or when the assignment is offered.

DMS will maintain records of completed assignments using ServiceM8 and/or other appropriate systems.

Payments will normally be made according to DMS's communicated contractor payment cycle.

DMS will pay the Contractor for work properly undertaken under an accepted assignment regardless of whether DMS has received payment from the client.

Where there is a genuine dispute concerning the hours worked, attendance or completion of an assignment, DMS may investigate the discrepancy before determining the amount properly payable.

DMS may require appropriate invoicing or payment information from the Contractor.

This payment obligation is specifically something government guidance requires employment businesses to include in their terms with work-seekers.

9. Tax and Employment Status

Where the Contractor is genuinely engaged on a self-employed basis, they are responsible for their own tax affairs and for complying with applicable registration and reporting obligations.

However, DMS reserves the right to operate PAYE, make statutory deductions or otherwise change the payment treatment where required by law.

The Contractor agrees to provide information reasonably required by DMS to determine the appropriate tax treatment of payments.

This clause is important for you because HMRC specifically has special tax rules for intermediaries supplying workers. Calling somebody self-employed in the contract doesn't automatically make the payments outside PAYE.

10. Employment Intermediaries Reporting

Where DMS makes payments to a Contractor without operating PAYE, the Contractor agrees to provide information reasonably required for DMS to comply with HMRC's Employment Intermediaries reporting requirements.

This may include personal, business, engagement, tax and payment information.

This is particularly relevant to DMS. HMRC says an intermediary with the client contract that supplies more than one worker and makes payments may need to report workers it doesn't pay through PAYE at least quarterly and retain evidence supporting why PAYE was not operated.

11. Expenses

Unless expressly agreed in advance, Contractors are responsible for their own travel, subsistence, equipment and other expenses incurred in undertaking an assignment.

Any expense that DMS has expressly agreed to reimburse must be supported by appropriate evidence where requested.

12. Equipment and PPE

The Contractor is responsible for bringing any ordinary tools, equipment or personal protective equipment that DMS has advised they are responsible for providing.

Where equipment, access equipment or PPE is being provided by the client or DMS, this will be communicated where appropriate.

All equipment must be used safely and appropriately.

13. Health and Safety

Contractors must comply with all applicable health and safety requirements and all reasonable site-specific safety instructions.

The Contractor must immediately report accidents, incidents, unsafe conditions or other significant health and safety concerns arising during an assignment.

The Contractor must not undertake work they reasonably believe to be unsafe or outside their competence.

14. Confidentiality

The Contractor must keep confidential any non-public information obtained through DMS or during an assignment, including information concerning:

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  DMS;
  
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  DMS clients;
  
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  client sites;
  
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  pricing and commercial arrangements;
  
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  security systems;
  
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  technical information;
  
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  customer information; and
  
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  other contractors.
  

Confidential information must not be disclosed or used for any purpose unrelated to the relevant assignment.

This obligation continues after an assignment or the Contractor's relationship with DMS ends.

15. Client Relationships and Circumvention

DMS invests time and resources in developing and maintaining client relationships.

A Contractor must not deliberately circumvent DMS by using information or relationships obtained through a DMS assignment to arrange substantially the same temporary work directly with that client in a manner intended to avoid DMS's involvement.

Any restriction under this clause will apply only to the extent permitted by applicable law and the Conduct of Employment Agencies and Employment Businesses Regulations.

I would not put your old blanket three-month non-circumvention wording in here without specialist review. Recruitment businesses are specifically restricted in how they can prevent work-seekers from working elsewhere or with hirers, so this needs to be drafted carefully.

16. Conduct on Client Sites

Contractors must behave professionally while representing DMS on an assignment.

Harassment, discrimination, violence, deliberate property damage, serious misconduct, working while impaired by alcohol or drugs, or deliberate breaches of site safety requirements may result in removal from an assignment and DMS deciding not to offer further assignments.

17. Data Protection

DMS will process Contractor information for purposes connected with registration, compliance, work-finding services, assignment management, payment, accounting and legal/regulatory obligations.

Information may be shared with clients, professional advisers, government authorities and service providers where reasonably necessary or legally required.

Further information about how personal information is processed is contained in DMS's Privacy Policy.

18. Ending an Assignment

Either party may end an assignment in accordance with the notice arrangements communicated for that assignment.

DMS may remove a Contractor from an assignment immediately where reasonably necessary because of serious misconduct, safety concerns, material misrepresentation, client requirements or another serious breach of these Terms.

Ending one assignment does not automatically terminate the Contractor's registration with DMS.

19. Ending Registration with DMS

The Contractor may ask DMS to stop seeking assignments for them.

DMS may also stop offering assignments to a Contractor.

Any outstanding obligations relating to completed assignments, payment, confidentiality and applicable legal or regulatory requirements will continue where appropriate.

20. Changes to these Terms

DMS may update these Terms where reasonably necessary.

Where a change affects the Contractor's terms of engagement, DMS will communicate the revised terms and their effective date as required.

21. Governing Law

These Terms are governed by the laws of England and Wales and the courts of England and Wales will have jurisdiction, subject to any statutory rights that apply.