48 hour opt-out agreement

1. Definitions
1.1. In this Agreement the following definitions apply:
“Assignment” means these terms and conditions together with the Assignment Schedule;
“Client” means the person, firm, or corporate body using the services of the Agency Worker;
“Employment Business” means Cogent Staffing Humber Limited (registered company number 9058828) of Unit A Telford Court, Chester Gates Business Park, Chester, CH1 6LT
“Working Week” means an average of 48 hours each week calculated over a 17- week reference period.
1.2. References to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The headings contained in this Agreement are for convenience only and do not affect their interpretation.

2. Restriction
The Working Time Regulations 1998 provide that the Agency Worker shall not work on an Assignment with the Client in excess of the Working Week unless s/he agrees in writing that this limit should not apply.

3. Consent
The Agency Worker hereby agrees that the Working Week limit shall not apply to the Assignment.

4. Withdrawal of consent
4.1. The Agency Worker may end this Agreement by giving the Employment Business 1 weeks’ notice in writing.
4.2. For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Agency Worker of an Assignment with a Client.
4.3. Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect.
4.4. There is no restriction on the number of times a worker can opt out and back into this agreement.

5. The law
This Agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.

Cogent Staffing Humber Limited Holiday Statement of Particulars
Cogent Staffing Humber Limited offer 28 days' holidays to its workers, accrued in arrears. The holiday year runs from January to December each year.
Your holidays are accrued as follows: 
232 working days eligible to accrue holidays (minus weekends and holidays) 
28 days / 232 working days = 12.07%

Holiday hours per week is calculated by:
Weekly hours worked x 12.07% = Holiday Hours per week
(i.e., 37.5 hours x 12.07% = 4.53 holiday hours per week)
Average remuneration (calculated over the preceding 52 paid weeks)"
For example, £8.72 per hour

Holiday Pay per week 
Holiday hours x Average pay rate = Holiday pay per week 
(i.e., 4.53 hours x £8.72 = £39.50 holiday pay per week)
This is roughly equivalent to just over half a day per week accrued for every full week worked

Please can the following guidelines be adhered to when booking holidays:

• Please can holidays be booked with one week’s notice in order for the payment to be correctly processed
• The correct procedure to book holidays is to go to our website www.cogentstaffing.co.uk and go to the “candidate” section. There you will find “Request a holiday” section. This is where you need to send your holiday request, if you do not have access to the internet, please call the branch on 01472 493 555.
• If you need to know your current holiday days accrued, please see the website, www.cogentstaffing.co.uk, under the “candidate” section and submit a “Request holiday days accrued” form. If you do not have access to the internet, please call the branch on 01472 493 555.