This is a very important part of how we work together on this contract. This isn’t part of our contract with you but it does provide clarity and guidance as to how the part concerning “substitution” works in practice.
Substitution basically means that nothing in the contract means that you must do all or any of the work. The contract isn’t about that, it’s just about the work being done. So, if for any reason you can’t or don’t want to do the work then you can get someone else to do it instead, you can even pay them whatever you agree for the work they do.
In your Contract for Services it states as follows;
Provision of the Services
There are then other references including references to “Staff”. The below explains;
There are different contracts, in this one the primary purpose is that the work gets done, not who, just that it gets done. We work with recruitment agencies who in turn work with their clients to assist where they are dealing with temporary changes in the amount of work they have on.
The recruitment agency then agrees a contract with us. Where the work, or the nature of the work, means that it is agreed it is just about getting the work done and not at all about who does it then we agree the same with you.
If you decide to send someone else the contract says you should pay them and this might allow you to agree to pay them less and make money. Saying that we appreciate that needing to deduct PAYE can make this hard so, as it is the work getting done that concerns us then if you can’t do that you can let us know and arrange for us to pay them. As this helps the contract if we arrange it we may be able to pay them an agreed proportion of the fees and pay you the balance.
We have to say that whilst we want you to take care of things we don’t have the right to make you. So if you can’t or don’t want to work and you can’t or don’t want to find anyone else to do it then let us know so we can make other arrangements.
You will have been offered this contract because you can do the work that needs doing so if you get someone else to do it then they need to be able to do what you can do. If you aren’t sure about this then let us know and we’ll try to help to keep the contract working well.
The contract says you need to let us know if you are sending someone else as this means we can inform our client. Saying that you may well be able to agree it directly at the worksite. Unless you ask us otherwise we will still pay you so letting us know is not always essential.
You do though need to consider any Security and/or Health and Safety regulations in place at the workplace. These regulations don’t affect the rights in our contract they still need to be considered from a practical point of view.