Wave Terms & Conditions

Experience Wave Terms & Conditions

AGREEMENT FOR CASUAL WORK

PARTIES:
(1) Experience Wave Ltd, Level 13 Broadgate Tower, 20 Primrose Street, London, EC2A 2EW and;

(2) ‘Activator’ (Please print your name and address in the section below clearly)

NAME________________________________________________________________________

ADDRESS_____________________________________________________________________

  1. The organisation’s needs for individuals to perform work varies from time to time, and you have confirmed that you may be available for work. The organisation is not obliged to offer you work at any time, and you are not entitled to a minimum number of hours of work per day, week or year. If the organisation offers you work on a casual, as required basis, you are under no obligation to accept it.

In the event that you do agree to undertake work (“the assignment”), you will be required to complete it to the organisation’s satisfaction. Your hours of work for each assignment will be determined by the organisation in advance of the assignment.

The terms contained in this agreement are not intended to constitute an umbrella or overarching agreement which creates obligations on you and Experience Wave during the breaks between assignments.

You will be engaged by Experience Wave Ltd on a casual basis as an ‘Activator’.

  1. You acknowledge that there will be periods when no work is available and that Experience Wave has no obligation to provide you with any work or to provide any minimum number of hours in any day or week.
  2. This agreement governs the relationship between you and the organisation in the event that the organisation offers you work and you choose to accept it. It does not create legal relations until you choose to accept an assignment. If casual work is offered and accepted, you will be told the commencement date, duration, rate of pay and location of the assignment available but either you or Experience Wave may terminate the assignment prior to its commencement by giving notice as is reasonably practicable. Experience Wave will also give you as much advance notice as is reasonably practicable of the hours you will be offered to work.
  3. Where you refuse 3 consecutive offers of work, we reserve the right not to offer you any further engagements and to remove you from our Activator database. Failure to attend previously agreed assignments without explanation will also result in us not offering you any future engagements and we will remove you from our Activator database.
  4. Where we have not offered you work in 12 consecutive months, we reserve the right to process you as a leaver. We will remove you from our Activator database and issue you with a P45.
  5. You maintain the right to ask to be removed from our Activator database at any time, in writing, and if you do this we will remove you from our Activator database and issue you with a P45.
  6. There is no continuity of service between you and the organisation between the termination of one assignment and the commencement of the next assignment. If you accept an assignment, your period of continuous employment will begin on the date on which the assignment starts and will end on the date of termination of the assignment. No employment with a previous employer or under a previous assignment counts towards a period of continuous employment. Where the organisation offers an assignment to you, it does not give rise to a presumption that it will offer you further assignments, nor that you will accept any work that it offers you in the future.
  7. The organisation will notify you in advance, giving as much notice as possible of any assignments. If you wish to accept the assignment, you must confirm your acceptance to the individual who notified you of the assignment before the start date of the assignment. If you do not wish to accept the assignment, you should contact the person who notified you of the assignment before the start date of the assignment.
  8. By accepting work you are agreeing that Experience Wave can pass your personal details onto reputable third parties such as point of sale handling houses or occasionally Avidity Group clients, if required.
  9. It is your responsibility to ensure Experience Wave has all your up to date and accurate contact and personal information. If you have any pay queries contact pay@experiencewave.com. Any other changes to personal, contact and operational information should be updated on your MyWave profile.
  10. If casual work is offered that requires the use of a private vehicle, it is your responsibility to ensure that adequate business use insurance cover is in place and you must submit a copy of your insurance certificate along with this document and thereafter on request.
  11. You shall provide Experience Wave with a copy of your full driving licence upon request and a copy of your Insurance Certificate which shows that you are covered for business mileage.
  12. You shall provide Experience Wave with proof of your right to work in the UK. You will need to provide sight of your passport or national identity card & any supporting UK Border Agency documents (and sharecode where applicable) or your UK birth certificate plus one other supporting document that contains national insurance number (i.e. a P60 or a P45 or national insurance card). A copy of this documentation will be held on file.
  13. You will be advised of the daily hours of work, breaks and the applicable hourly or per-call rate of pay at the commencement of each temporary work assignment. For calls under or over 1 hour, you will be paid a pro-rated amount in-line, and as a minimum, with the National Living Wage. The hourly or per call rate applies regardless of the day of the week on which the work is performed. Deductions from pay for tax and NI will be made when appropriate.
  14. Pay rates may be enhanced at the discretion of Experience Wave for the following: a. The skill needed to complete the assignment
  15. Geography (both location and distance travelled, such as working in London or for travelling to an outlying location)
  16. Unsociable hours
  17. Other voluntary commitments that our clients ask us to comply with (e.g. Living Wage Foundation)

If a premium is offered, this will not constitute an ongoing contractual obligation to pay any rate above the National Living Wage for future assignments that may be the same as, or similar to, a previous assignment paid at a higher rate.

  1. Where we offer to pay you for travel time, this will be paid per hour at the National Living Wage rate.
  2. You maintain the right to decline work on the basis of pay rates offered for each assignment, which are all distinct and discreet from each other; therefore there is no ongoing continuous employment relationship that forms a basis for pay to be offered at any previously communicated or historic rate.
  3. No Company sick pay is payable, however, you may qualify for Statutory Sick Pay (or SSP) dependent on your earnings
  4. Your holiday entitlement will be paid at the rate of 12.07% of your hourly rate for each hour worked. The holiday element of your payments will be separately identified on your payslip. As holiday payments will be included each time you receive payment, you are strongly advised to set aside and save up the holiday element in order that you have funds to draw on at the time you take holidays. You will be expected to plan and to take your 5.6 weeks of holiday entitlement each year when accepting work offered.
  5. You are required to print off your paperwork for each assignment you undertake, unless otherwise advised. You will be compensated for this printing at a rate of 10 pence per sheet per assignment. This amount will be paid directly into your salary and will show as an expense allowance on your monthly payslip.
  6. In addition to signing-in to a store’s visitor book, you will be required to use a data capture tool to record your attendance and performance for the assignment. Reporting will be considered as clocking in/clocking out of an assignment, therefore your failure to report may result in you not being paid for an assignment. In order to report successfully all of the following criteria must be met:

Photographs must be taken in line with the brief, showing accuracy of work and should be of a high resolution/good quality.

  1. Paperwork will be posted to the address you have supplied prior to the activity starting. In the event that you are required to print off your paperwork this will be confirmed and appropriate compensation will be agreed at the time of booking. You will be required to include this compensation in any expense claim. This amount will be paid directly into your salary and will show as an expense on your payslip.
  2. We require certain paperwork to be mailed back to Experience Wave for every activity. This includes completed audit forms for every store called on, your completed expense claim along with the relevant receipts attached. All post correspondence is to be sent to Huckletreet Ancoats c/o Experience Wave, The Express Building, 3 George Leigh Street, Manchester, M4 5DL.
  3. Experience Wave in-store forms MUST be signed by a store representative and show their signature and printed name otherwise payments may be withheld.
  4. Business mileage should be recorded on the expense claim made available to you, or in the data capture tool. Each journey should be recorded individually. Details to be provided are:
  5. Date of the journey
  6. Miles/kilometres travelled
  7. In the destination/Description field enter the details of the journey including the from and to information (ideally post codes)

All mileage claims will be subject to a 10 mile deduction per day as an estimation of travel to your ‘ordinary place of work’.

  1. Your expense payments will only be authorised when we have received the paperwork along with supporting expense claim and receipts by the deadline indicated on the expense claim. We reserve the right not to pay expense claims:
  2. For travel to the first call of the day, if you are completing more than one call that day b. Older than 90 days after they were incurred.
  3. That are excessive or above an expected average for the assignment, where prior approval has not been sought from us and/or the required authorisation forms completed
  4. That cannot be substantiated with a receipt with exception to:
  5. Ticketed travel where the ticket is retained by an automated barrier ii. Toll booths that do not issue receipts
  6. We may at our discretion advance money to you to cover expenses that you will incur during the assignment, such an advance will be known as a float. Advances may be made by direct bank transfer to your nominated account; or you may be given use of a pre-paid card. Floats are not intended for personal use and all expenses must be reported and validated with a receipt as per the normal expense reporting procedure. Any advance of monies to you that has not been repaid in full or substantiated by a valid expense claim and receipt will be subject to deductions from your pay.
  7. You will be paid monthly in arrears on the 28th of each calendar month. If the 28th of the month falls at a weekend or on a public holiday, you will be paid on the last working day preceding the weekend or public holiday and the amount is dependent on work being completed as per the brief and meeting the deadlines. A calendar of payment dates is included with your Activator toolkit, which is provided on your commencement and is emailed periodically. Unless otherwise stipulated, all monies paid to you are inclusive of mileage, travel time and parking. Deductions may be made from your pay in the event of you owing Experience Wave money until any amount due (including any overpayment of pay) has been paid. In the event of an overpayment, you agree to notify us immediately and agree to reimburse us fully.
  8. If you have been given and offered the use of a Hire Vehicle, insured by Experience Wave or the Hire Car/Van provider, you will be liable to the ‘Excess’ insurance charge where applicable. In the event of an accident or damage to the Hire Vehicle, the Excess Charge will be deducted from your pay (excess fees vary depending on the vehicle provider - this will be advised on a job-by-job basis). Experience Wave will not pay parking fines; speeding tickets; administrative charges applied for notifying you of a fine; or any other traffic related issues. This is your responsibility.
  9. You will be charged for any costs incurred by Experience Wave as a result of any loss, damage or theft of any Experience Wave property (mobiles, tablets, cameras etc) that you may have been provided with. Experience Wave reserves the right to deduct any such costs from your pay.
  10. Appropriate dress must be worn at all times. Dark trousers or skirt, no jeans, plain top no vibrant colours, dark shoes, no trainers and minimal jewellery. The exception to this is if Wave’s client provides you with a uniform.
  11. You are not permitted to shop whilst in-store working on our behalf. If you wish to shop, you must finish your work, sign out, then go back and do your shopping.
  12. When working for Experience Wave please ensure that your mobile is with you and switched on at all times. If we leave a message for you, please ensure that you return all messages as soon as possible but in any event within 24 hours. Please respond when it is safe to do so - do not use your mobile phone while driving.
  13. You should make yourself familiar with both our Health and Safety Policy, any clients health and safety policy where you are working and your own health and safety duties and responsibilities, as shown separately.
  14. You must not take any action that could threaten the health or safety of yourself, other employees, clients or members of the public.
  15. You should report all accidents and injuries at work, no matter how minor, in the accident book.
  16. You must ensure that you are aware of the site fire and evacuation procedures on which you are working and the action you should take in the event of such an emergency.
  17. You must not, unless stipulated and co-ordinated by the office, liaise or communicate directly with our clients. Should you be contacted directly by a client or a representative of a client, you must make us aware of this as soon as possible.
  18. You must not, under any circumstances, whether directly or indirectly, undertake any other duties of whatever kind during any engagement for Experience Wave.
  19. You must not at any time use or disclose any trade secrets or information of a confidential nature relating to Experience Wave or its business or trade secrets save that this restriction shall cease to apply to information which becomes public knowledge (other than through unauthorised disclosure).
  20. You are not subject to Avidity Group’s disciplinary and grievance procedures. If you have an issue please notify the Operations Team on operations@experiencewave.com.

Experience Wave Ltd will hold and process personal data and sensitive personal data relating to you. By signing this agreement, you consent to your personal data being processed in line with the relevant GDPR legislation.

DECLARATION. Please sign below to confirm the following:-

I have read and understand the details set out above and confirm my agreement to the terms under which casual work may be offered. I hereby specifically consent to Experience Wave Ltd holding sensitive personal data about me in both a paper and electronic format.

 

Signature: ______________________________________________

Print name: _____________________________________________

Date: __________________________________________________

 

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