TRO - Terms and Conditions Standard Terms & Conditions of Tactical Employment This Statement, together with the Summary of Campaign details constitutes the Principle Statement of terms and conditions of Employment under the Employment Rights Act 1996. Nature of Employment TRO employs workers on a tactical basis to work on behalf of various clients for specific campaigns over a specified period. This work is offered on an ad-hoc basis, as and when there is work available. The Company does not guarantee continuous employment and is under no obligation to tactical workers to provide further engagements or re-engagement. Fundamental requirements There are certain fundamental requirements you must fulfil during your employment. If you fail to meet these requirements we will consider that you have breached your contract and are therefore liable to be dismissed without notice. These fundamental requirements are those marked * on this document and will also be highlighted in your briefing document. Acceptance of terms Submission of a timesheet for this contract will be deemed as acceptance of these terms and conditions. Briefings* If as part of the campaign you are required to attend a briefing, details will be sent to you by your Client Service Manager and it is a condition of your employment that you attend. Failure to do so will entitle TRO to terminate your employment without notice. Payment for the briefing will be made with your first wage claim once you have started work and TRO reserves the right to withhold payment for briefings if you subsequently fail to start work on a campaign. Camera Should you be required to purchase a disposable camera for a campaign to take pictures of displays, you must ensure that the camera or photographs are returned to TRO at the end of the campaign. Reimbursement is subject to a valid receipt being supplied. Cash & Carry* In the event you are required to gain stock from a C&C, you are required to return all accurately reconciled stock to your C&C by Friday of each week throughout any campaign. You must not keep any stock over a weekend. Failure to comply with this will result in deductions from your salary if subsequent theft of stock occurs. Company equipment* In the event of you receiving computer equipment/stock/cash float or any other items issued to you enabling you to carry out a campaign, all company equipment must be returned to TRO in the condition it was issued, either on our
instruction or at the end of the campaign. Should you fail to return the Company equipment, TRO reserves the right to make deductions from or withhold your salary and or bonus until it is returned, or to cover the cost of those items should you not return them to TRO.
Should you be employed to complete a campaign where a vehicle is provided, the contract of employment is subject to the receipt of a copy of your current valid driving licence and to vehicle insurance being agreed. It is also a condition of your employment that your driving licence does not display convictions for road traffic offences e.g. drink, drug, reckless or dangerous driving, (this list is not exhaustive). Any conviction must be communicated to the company asap. Failure to do so will entitle TRO to terminate this contract without notice. The rules regarding use of the vehicle will be confirmed to you in your briefing document. These must be adhered to at all times.
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 your employment. Confidential information concerning business and the affairs of the company, and any associated company, the company's clients and their customers must not be divulged to unauthorised persons.
As your employer, TRO requires you to submit personal information. This information will only be used by TRO and associated companies for the purposes of managing your employment and will be handled appropriately in line with the principles of the Data Protection Act 1998 (“DPA”). You hereby consent to the processing of any personal information held about you in order for decisions to be made regarding your employment. You hereby consent to the Company processing sensitive personal data as defined under the DPA including medical information, for the purpose of the performance of your role and determining your fitness to carry out your duties. You further consent to the Company processing data regarding sex, marital status, race, ethnic origin or disability for equal opportunity monitoring purposes. Should any of your personal details change, please notify the HR department immediately.Personal data
Processing of personal data and our policies
In a similar way to many businesses, we hold and process a wide range of information, some of which relates to individuals. Information relating to an individual (or from which an individual may be identified) is called “personal data”. For example, we process personal data on individuals working for our clients/customers or suppliers, users of our website and on those who work for us or are applying to work for us.
In processing personal data, we are required to comply with the law on data protection. To help us achieve this, we have adopted policies including the Staff Responsibilities Policy, Omnicom Group Global Security Policy, and the Omnicom Data Breach Policy and Protocol. Copies of these policies may be found on the intranet. You must read these and comply with them in carrying out your work. If you are unclear how the policies apply or, more generally, what you need to do to comply with the law on data protection, you should speak to HR in the first instance.
Data protection principles
In complying with the law on data protection, we are required to comply with what are known as data protection principles. These are summarised in the Staff Responsibilities Policy. In performing your role and carrying out your responsibilities, you must do your best to ensure that we comply with these principles.
A key element of the data protection principles is the duty to ensure that data is processed securely and protected against unauthorised or unlawful processing or loss. Our Staff Responsibilities Policy sets out more detail. Key elements include the following:
You must ensure that laptops, memory sticks, phones and other mobile devices are password protected and encrypted. You must not take such devices outside the office without encryption. You must take care of them and keep them secure.
You must use strong passwords, changing them regularly and not sharing them with unauthorised colleagues.
You must not access other individuals’ personal data unless in the course of your work.
Data breach – and urgent notification
If you discover a data breach, you must notify line manager, HR Director/Manager or the IT Manager immediately and preferably within one hour. Depending on context, you may then need to provide further information on the circumstances of the breach.
A data breach occurs where there is destruction, loss, alteration or unauthorised disclosure of or access to personal data which is being held, stored, transmitted or processed in any way. For example, there is a data breach if our servers are hacked or if you lose a laptop or USB stick or send an email to the wrong person by mistake.
Failure to notify a breach or to provide information as set out above will be treated seriously and disciplinary action may be taken.
Further information regarding how we handle data breach is available on our intranet in our Omnicom Data Breach Policy and Protocol.
Why we process personal data
For information on the nature of the data we process, why we process it, the legal basis for processing and related matters, please refer to our Workplace Privacy Notice which may be found on our intranet. In summary:
We process personal data relating to you for the purposes of our business including management, administrative, employment and legal purposes.
We monitor our premises and the use of our communication facilities, including using CCTV cameras, monitoring compliance with our data and IT policies, and where non-compliance is suspected, looking in a more targeted way.
The summary above is for information only. Unless specifically notified by us, we do not rely on your consent as a legal basis for processing your personal data. Agreeing to the terms of this clause will not constitute your giving consent to our processing of your data.
We reserve the right to amend the policy and protocol documents referred to above from time to time.
Changes to contact details
You must tell us of any changes to your home address and other contact details. If you are paid via direct transfer to your bank account you must let us know the bank account which you would like us to make payment to, and any changes to this. You must also provide us with details of your next of kin.
UK Data Protection Bill Policy
The Workplace Privacy Notice referred to above and any related workplace data protection policy governing use of personal data (e.g. but without limitation the Workplace Privacy Notice) are to be regarded as our “special data processing policy” as required by the UK Data Protection Bill Schedule 1 Part 4.
Health & Safety*
You are required to adhere to the company's Health & Safety at Work Policy, as outlined to you in the briefing document.
From 1st January 2008 you are able to claim holiday up to the statutory minimum pro-rata (this includes bank holidays) for the days/months you have worked. To make your claim, you need to call the Payroll Department. The deadline for claiming holiday pay for the previous calender year is the 28th February of the following year, ie. for 2017 the deadline is 28th February 2018. The TRO holiday year runs from January to December. You are not permitted to carry any outstanding holiday from one year to another.
You are required to work within the territory assigned to you. Your job location may be adjusted in line with business requirements and TRO reserves the right to ask you to work within a reasonable travelling distance of your home.
You may be required to travel further afield for the briefing or team meetings if applicable.
Mutuality of Obligation
At the end of this campaign, there is no mutuality of obligation upon either party to give or accept any further work at any stage in the future.
Except for instances of gross misconduct or breaches of the Fundamental Requirements, notice period to and from the company will be 1 week, unless stated otherwise, for campaigns of 4 or more weeks duration. No notice period applies to those employed for less than 4 weeks.
Disciplinary and Grievance Procedure*
TRO will pass on any negative performance feedback to you following a shift. If we were to receive a second set of negative feedback from subsequent shifts TRO have the right to remove you from any future shifts.
The Company's formal disciplinary procedure does not apply to the period of your temporary employment, however if you are dissatisfied with any measure taken against you or if you have a grievance relating to your temporary employment with TRO, please contact a member of the TRO Talent team.
TRO cancellation policy/ Termination of employment*
If you were to cancel 3 separate bookings TRO reserve the right to remove you from any future work you have booked, and would not offer you any other shifts.
TRO reserves the right to terminate employment with notice, where applicable, in the event that the conditions of the campaign are altered by the needs of the client and your services are no longer required, unless we can find you alternative employment. TRO reserves the right to terminate your employment summarily (i.e. without notice) for reasons of Gross Misconduct or breaches of the fundamental requirements. Examples of gross misconduct are: theft, fraud, negligence, refusal to work as instructed; these examples are not exhaustive.
TRO reserves the right to terminate your employment without notice should you fail to adhere to the punctuality. Requirements as outlined to you in the Briefing Document.
Standards of business conduct*
Whilst employed by TRO you must at all times be punctual, polite and dress appropriately. Under no circumstances can you subcontract your work or carry out the work at times other than those stipulated to you. If you do so, you will be dismissed without notice.
You must inform your Client Service Manager at TRO by 8am on the first day of absence if you are unable to work. Thereafter it is important that you keep the company regularly informed of your intended date of return.
You are entitled to receive Statutory Sick Pay (SSP) subject to meeting the SSP regulations. The qualification for which requires a contract of service for a specified period of 13 weeks or more.
If it is a requirement of the campaign to provide a car, it is a condition that you should do so and ensure that it is maintained in a fit and roadworthy condition. Your employment will also be subject to you holding a valid driving licence. It is also a condition of your employment that your driving licence does not display convictions for road traffic offences e.g. drink, drug, reckless or dangerous driving, (this list is not exhaustive). Any conviction must be communicated to the company asap.
Failure to do so will entitle TRO to terminate this contract without notice. You must ensure your vehicle is adequately insured by your insurance company. If you are required to carry stock or be engaged in commercial travelling activities, you may be required to take out additional cover. If you fail to arrange adequate cover, you will be liable for any loss of stock.
Reporting & paperwork*
TRO reserve the right to withhold wages and or terminate your employment, if your reporting and paperwork does not meet requirements outlined to you in the Briefing Documents and the Performance Standards (KRAs) indicated to you by Client Service Management. If paperwork and/or reporting are not completed to the required standard within the specified timescales, payment will not be made until such time as it is satisfactorily completed.
You may be eligible to join our Group Personal Pension Scheme.
You will automatically enrol into the Scheme on the 1st day of the 3rd calendar month after the commencement of your employment, provided that you meet statutory enrolment criteria. If you are automatically enrolled into the Scheme, the Company's contribution will initially be 2% of your base salary and yours will be 3%.
You can however opt in' to the Scheme (subject to the rules of the Scheme) effective from your contract start date by notifying the payroll department of your wish.
Whether you opt in' or are automatically enrolled, your contribution levels will be increased in line with the statutory minimum. You will be advised before your contributions increase.
Those who do not automatically enrol may be able to enrol voluntarily. If this applies to you or you would like to discuss voluntary enrolment, please contact Human Resources.
Employees who no longer wish to be a member of the Scheme may be able to cease active membership or have a right to opt out in certain circumstances - although we may be required by law to reinstate your membership in accordance the statutory auto-enrolment rules. Information on this is also available from Human Resources.
A contracting-out certificate is not in force in respect of your employment.
Enrolment in and membership of the Scheme is subject to its rules and to statutory legal requirements from time to time.
We may vary, replace or discontinue arrangements (including the rules of the Scheme and the terms on which you participate) over pensions at any time as we think fit. If we vary the arrangements, we may increase or reduce the contributions that we or you make (or introduce a requirement that you make contributions).
If standards of performance (KRAs) are measured by achievement of targets, these will be confirmed to you in the briefing
document. Failure to meet the required standard during the campaign will result in the termination of your contract.
If it is a condition of the campaign that a uniform is required & provided, then you must wear it. Whilst in uniform, you are representing the Client at all times, including breaks. Therefore, whilst in uniform you should not consume alcohol, smoke or eat (except in the allocated areas) or behave in any manner which could adversely affect the reputation of the Client. At the end of the campaign, you will require to return the uniform to TRO in the condition you received it. Failure to do so will result in deductions to your salary and or bonus to cover the cost or repair of the uniform.
TRO shall not be held liable for any costs incurred through image right restriction clauses the employee has with agencies or employers. If under contract through a third party it is the employees responsibility to ensure their image is not photographed or filmed for social media sites or external use.
Variation in Terms
The company reserves the right to amend or add to the above terms in line with business needs at its discretion.
Wages & expenses
Wages will be paid on the 25th of each calendar month (or the previous working day if the 25th falls on a weekend) for all timesheets submitted within the above timelines for any work completed for weeks ended 10th of the current month and before upon timely receipt of authorised wage claims.
Expenses can be claimed and paid weekly. Expenses will be paid outside of the payroll, so they will be paid into your account every Tuesday, one week in arrears.
All expenses must be added to your timesheets at the time of submitting these back to payroll, click on the button labelled ‘add previous expense’ to add these to your timesheets. It is recommended that receipts should be sent by recorded post (non-refundable) and are required to be received within 14 days of the end of the assignment otherwise reimbursement will not be processed.
TRO will not be held liable for any lost receipts or receipts received after this deadline (it is recommended to keep a copy of all receipts).
Business expenses will be paid at cost by evidence of VAT receipts only and only by prior agreement with the Campaign Client Service Manager. Unless specifically detailed in the booking details sent to you, you will not be entitled to claim reimbursement for mileage. Where a half-day is worked, and payment is confirmed per day, this will be paid pro-rata.
Under the Working Time Regulations 1998, your working week must not exceed a total of 48 hours. Therefore, if the work you have agreed to undertake with TRO is likely to mean that you will work in excess of 48 hours per week please notify the TRO Talent team stating that you agree to opt out of a 48hr working week.