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 “Contractor’s Staff” works in practice.

The contract is with your company and 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;

Contractor’s Staff

• Clause 27. The Contractor may send Staff to provide the Services. The Staff may be rejected by the Company only if in the reasonable opinion of the Company such Staff does not possess the necessary skills or qualifications to carry out the Services. The Contractor will ensure that any Staff have the necessary clearances and/or licences to provide the Services. The Contractor will notify the Company immediately where any of the said licences are revoked, rescinded, invalidated, suspended or not operational.

  Where Staff are sent by the Contractor there shall be no contractual or financial relationship between the Company and the Staff. The Contractor is solely responsible for arranging payments to any Staff that the Contractor engages to provide the Services.

The below explains;

• Why is this in the contract and what does it allow you to do?
• What we mean by “necessary skills or qualifications”.
• Who needs to know if you are sending someone else.

Why is this in the contract and what does it allow you to do?

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.

What does “necessary skills or qualifications” mean?

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.

Who needs to know if you are sending someone new?

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.