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Welcome to Indeed Flex (“Flex”)! We connect businesses needing temporary staff (“Clients”) with individuals who are looking for temporary employment opportunities (each such individual being a “Flexer”).
These terms and conditions (“Flexer Terms (UK)”) preside over the use by Flexers of the services offered by Flex via Flex’s website, web application (accessible via the following URL https://indeedflex.co.uk/) and mobile applications. Such services, website and mobile applications are hereinafter together referred to as the “Sites”. The Sites are operated by Syft Online Limited, 20 Farringdon Road, London, EC1M 3HE (company registration number: 09372516). Syft Online Limited is an Employment Business and may be referred to as “Employment Business”, “Flex”, “we”, “our”, or “us” .
These Flexer Terms (UK) shall govern all Assignments undertaken by Flexers. No contract shall exist between the Employment Business and the Flexer between Assignments.
By accepting an Assignment or commencing work, the Flexer confirms their acceptance of these Flexer Terms (UK), which do not require a signature to be binding. The Employment Business reserves the right, from time to time, with or without notice, to change these Flexer Terms at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. The Employment Business will notify Flexers by way of notice on the Flex online platform and email (to the email address registered with the Employment Business) when any changes are posted. By using the Service after any changes have been posted, the Flexer agrees to the new terms. If the Employment Business makes any significant changes to these Flexer Terms, it will notify Flexers by email (to the email address registered with the Employment Business) in advance.
If you are a Flexer, please read these terms carefully and in conjunction with the Flexer User License (accessible via the following URL https://indeedflex.co.uk/legal/indeed-flex-user-license/) and the Indeed Flex Privacy Policy (accessible via the following URL https://hrtechprivacy.com/brands/indeedflex) before using the Sites.
1. Definitions and Interpretation
The following definitions and rules of interpretation apply in these Flexer Terms (UK):
“Actual Rate of Pay” means, unless and until the Flexer has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, as set out in the relevant Assignment Details;
“Assignment Information” means written confirmation, that will be provided digitally via the Indeed Flex App, of the assignment details to be given to the Flexer upon acceptance of the Assignment;
“AWR” means the Agency Workers Regulations 2010;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, Flex or Flex’s Group Companies for the time being confidential to the Client, Flex or Flex’s Group Companies and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or Flex or Flex’s Group Companies or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Flexer creates, develops, receives or obtains in connection with an Assignment, whether or not such information (if in anything other than oral form) is marked confidential;
“Deductions” means any deductions which the Employment Business may be required by law to make and, in particular, in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such holding company) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006;
“Other Qualifying Period Payment” means any remuneration payable to the Flexer (other than the Qualifying Period Rate of Pay), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by a Flexer and are not linked to a financial participation scheme (as defined by the AWR 2010).
“Overtime” means any hours worked by a Flexer in addition to those specified in the Assignment details, which the Flexer may agree to undertake at the request of the Client. Overtime will be remunerated at the same rate as the Assignment (plus Holiday Pay, where applicable), unless otherwise agreed in writing.
“Period of Extended Hire” means any additional period that the Client wishes the Flexer to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
“Qualifying Flexer” means any Flexer who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Worker Regulations;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Client to work temporarily for and under the supervision and direction of the relevant Client in the same role, and as further defined in the regulation 7 of the Agency Worker Regulations, subject to regulations 8 and 9 of the AWR;
“Qualifying Period Rate of Pay” means the rate of pay which will be paid to the Flexer if and when they complete the Qualifying Period, as set out in any variation to the relevant Assignment Details;
“Relevant Period” has the meaning given to it in regulation 10(5) and (6) of the Conduct Regulations;
“Relevant Terms and Conditions” mean the relevant terms and conditions as defined in regulation 6 of the AWR 2010 that apply once the Flexer has completed the Qualifying Period.
“Remuneration” means any sums payable by the Employment Business to a Flexer in respect of work undertaken, including wages, salary, holiday pay and statutory payments, whether payable under the contract or by operation of law.
“Tips Allocation” means the portion of tips, gratuities or service charges to which the Flexer is entitled in respect of an Assignment, as determined by the Client based on the Employment (Allocation of Tips) Act 2023 and their respective tipping policy;
“Transfer Fee” means the fee payable by the Client to the Employment Business in accordance with clause 4, as permitted by Regulation 10 of the Conduct Regulations.
“Verified Flexer” is a Flexer who has downloaded the Indeed Flex App, had a successful interview that resulted in the verification of at least one role on the Indeed Flex Platform, and successfully completed the right to work check, verifying that you are authorised to work in the United Kingdom; and
‘’Work-finding services” refers to the process by which Indeed Flex, operating as an employment business, seeks and secures temporary assignments for work seekers engaged via the platform. This includes identifying suitable roles within the following industries:
Hospitality, Industrial, Facilities Management, Retail and Business Support. These services are provided without charge to the work-seeker and are subject to relevant statutory and regulatory requirements.
‘’WTR’’ means the Working Time Regulations 1998 (as amended from time to time).
1.1. In these Flexer Terms (UK) , headings (including any sections and subsections) are for convenience only and do not affect interpretation.
1.2. All capitalised terms herein shall have the meanings assigned to them in the User License (accessible via URL https://indeedflex.co.uk/legal/indeed-flex-user-license/).
2. The Agreement
2.1. These Flexer Terms (UK) constitute the entire agreement between the Employment Business and the Flexer for the supply of services to the Client and they shall govern all Assignments undertaken by the Flexer.
2.2. The first Assignment will start on the date notified to the Flexer in accordance with (the “Assignment Information”) (defined in clause 3.6 below). The Employment Business will also notify the Flexer of the start date of any subsequent Assignment(s). No contract shall exist between the Employment Business and the Flexer between Assignments. For the avoidance of doubt, these Flexer Terms (UK) constitute a contract for services and not a contract of employment between the Employment Business and the Flexer or the Flexer and the Client. The Flexer has the status of worker and is not an employee. This means that the Flexer may not have the same terms and conditions, protections or obligations as someone who works as an employee.
2.3. For the purposes of the Conduct Regulations 2003, the Employment Business acts as an Employment Business in relation to the Introduction and supply of the Flexer to the Client.
3. Assignments
3.1. No probationary period applies to the Flexer’s engagement by the Employment Business.
3.2. The Employment Business will endeavour to obtain suitable Assignments for the Flexer to perform. The Employment Business is not obliged to offer an Assignment to the Flexer and the Flexer shall not be obliged to accept any Assignment offered by the Employment Business.
3.3. The Employment Business does not review, approve, recommend or verify any of the credentials, licences or statements in relation to Assignments posted by Clients on its Services. The Employment Business shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.
3.4. In respect of each Assignment, the Flexer shall be engaged by the Employment Business under a Contract for Services. The Flexer acts for and under the control of Clients for the duration of each Assignment. The Employment Business and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Flexers or Clients.
3.5. The Flexer acknowledges that due to the nature of temporary work there may be periods when no suitable work is available. The Flexer agrees that the suitability of an Assignment shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Flexer should it fail to offer any Assignments.
3.6. Except as provided below, at the same time as an Assignment is offered to the Flexer, the Employment Business shall provide the Flexer with the following information via the Flexer App (the “Assignment Information”):
3.6.1. the identity of the Client, and if applicable the nature of its business;
3.6.2. the date on which the Client requires the Flexer to commence work and the duration, or likely duration, of that work;
3.6.3. the position which the Client is seeking to fill, including the type of work, the location, the dress code (if applicable) the hours during which the Worker would be required to work;
3.6.4. the hourly pay rate (“Actual Rate of Pay”) and any expenses payable by or to the Flexer;
3.6.5. any risks to health or safety known to the Client in relation to the Assignment and what steps the Client has taken to prevent or control such risks; and
3.6.6. the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law, or any professional body, for the Flexer to possess in order to work the Assignment.
3.7. At the time when a Flexer applies for an Assignment, the Flexer shall provide information regarding their experience, training, qualifications and authorisations which are necessary for the Assignment. In applying for an Assignment, the Flexer confirms that they are willing to carry out the Assignment.
3.8. The Flexer understands and agrees that the Employment Business will use reasonable endeavours to confirm the Flexer’s identity and to verify that the Flexer has the required skills, qualifications and experience to apply for Assignments and undertake shifts with the Clients. This may include the Employment Business conducting extensive background checks to verify the Flexer’s identity and criminal record and the Flexer shall give the Employment Business all necessary consents to undertake such checks to the extent permitted by applicable law.
3.9. Where the Assignment Information is not given electronically via the Flex app, the Employment Business shall confirm it in writing or electronically as soon as possible and in any event no later than the end of the third Business Day following the day on which the Assignment was offered to the Flexer.
3.10. Unless the Flexer requests otherwise, clause 3.6 will not apply where the Flexer is being introduced or supplied to the Client to work in the same position as one in which the Flexer has previously been supplied within the previous five Business Days and the Assignment Information (with the exception of the date or likely duration of the Assignment) is the same as that already given to the Flexer.
3.11. Subject to clause 3.2 and clause 3.3, where the Assignment is intended to last for five consecutive Business Days or less and the Assignment Information has previously been given to the Flexer and remains unchanged, the Employment Business shall provide written confirmation, delivered digitally via the Indeed Flex App, of the identity of the Client and the likely duration of the Assignment.
3.12. Where the provisions of clause 3.13 have been met but the Assignment extends beyond the intended five consecutive Business Day period, the Employment Business shall provide the remaining Assignment Information to the Flexer electronically via the Indeed Flex App within eight Business Days of the start of the Assignment or by the end of the Assignment, if sooner.
3.13. If the Flexer has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Flexer will be informed of the Qualifying Period Rate of Pay if different from the Actual Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Flexer is now entitled under the AWR 2010.
3.14. If the Flexer considers that they have not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Flexer may raise this in writing with the Employment Business setting out as fully as possible the basis of their concerns. The Employment Business shall, within 28 days of receiving such request, provide the Flexer with a written statement setting out:
3.14.1. relevant information relating to the basic work and employment conditions of the workers of the Client;
3.14.2. the factors that the Employment Business considered when determining such basic work and employment conditions; and
3.14.3. where the Employment Business seeks to rely on the defence in regulation 5(3) of the AWR 2010, relevant information which:
3.14.4. explains the basis on which it is considered that an individual is a comparable employee; and
3.14.5. describes the basic work and employment conditions which apply to that employee.
4. Temporary to Permanent
4.1. In order to enable the Employment Business to protect its legitimate interests, the Flexer agrees that they will notify the Employment Business immediately, via the support section of the Indeed Flex App, if they receive a written or verbal offer of permanent employment by a Client, whether during or following completion of any Assignment.
4.2. The Flexer acknowledges that the Employment Business may be able to charge the Client a Transfer Fee where the Client hires the Flexer within the Relevant Period or the Client introduces the Flexer to a third party (other than another employment business) who subsequently Engages the Flexer within the Relevant Period.
4.3. The Transfer Fee will not be payable in the circumstances described in clause 4.2. if the Client agrees to extend the period of the Assignment (“Period of Extended Hire”) for a specified period, at the end of which the Flexer may be engaged by the Client or any of its Group Companies without further charge.
4.4. Where a Flexer ceases an Assignment with the Employment Business in order to take up direct employment or engagement with a Client, the Employment Business shall have no responsibility or liability in respect of any statutory or contractual entitlements (including, without limitation, maternity pay, paternity pay, sick pay, holiday pay or any other employment-related rights) arising after the commencement of such direct employment or engagement. All such entitlements shall be the sole responsibility of the Client (or any subsequent employer/engager) from the date on which the Flexer transfers.
5. Flexer Obligations
5.1. The Flexer is not obliged to accept the Assignment offered by the Employment Business.Similarly, the Employment Business is not obliged to make any Assignments available to the Flexer and is not obliged to ensure that Clients offer the Flexer Assignments. If the Flexer does accept an Assignment, the Flexer shall:
5.1.1. co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s organisation;
5.1.2. abide by the Client’s dress code and rules (if any);
5.1.3. observe any relevant rules and regulations of the Client’s organisation (including normal hours of work) of which the Flexer has been informed or of which the Flexer should be reasonably aware;
5.1.4. during each Assignment, devote the whole of their time, attention and skill to their duties and perform those duties professionally, competently, faithfully, diligently, and to the highest ethical standards;
5.1.5. co-operate with the Employment Business in the completion and renewal of all mandatory checks, including in relation to the Flexer’s right to work in the UK;
5.1.6. (where the Assignment involves working with any vulnerable persons), provide the Employment Business with copies of any relevant qualifications or authorisations including up-to-date Disclosure and Barring Service certificate and two references which are from persons who are not related to the Flexer;
5.1.7. take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Client;
5.1.8. perform the Assignment at the location specified in the Assignment information or at such other location as the Employment Business may notify to the Flexer. Travelling expenses will not be reimbursed unless otherwise specified in the Assignment or agreed with the Employment Business in writing;
5.1.9. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’ or the Client’s staff;
5.1.10. not engage in any conduct detrimental to the interests of the Employment Business or the Client. This includes any actions that could bring the Employment Business or the Client into disrepute and/or which could result in loss of business for either party;
5.1.11. comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Client’s business, including without limitation, any equal opportunities or non-harassment policies;
5.1.12. not at any time divulge to any person, nor use for their own or any other person’s benefit, any Confidential Information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances; and
5.1.13. take reasonable care of and, on completion of the Assignment or at any time when requested by the Client or the Employment Business, return to the Client (or where appropriate to the Employment Business) any Client property or items provided to the Flexer in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.
5.2. When performing an Assignment, the Flexer must maintain a clean and professional appearance, including wearing clean work clothes. Hair must be kept clean and tidy, with long hair tied back. Men are expected to be clean-shaven, except where a neatly trimmed moustache, goatee, or beard is worn. Further guidance on dress and presentation will be provided during induction, with full details available in the Flexer Guidebook. If the Employment Business receives two or more complaints from Clients regarding the Flexer’s appearance, it reserves the right to suspend the Flexer’s access to the Services and may, at its discretion, require the Flexer to attend a further interview session before reinstatement.
5.3. If the Flexer accepts an Assignment offered by the Employment Business, as soon as possible before the commencement of the Assignment and during each Assignment (as appropriate) and at any time at the Employment Business’ request, the Flexer undertakes to:
5.3.1. inform the Employment Business of any calendar weeks whether before the date of commencement of the relevant Assignment or during the relevant Assignment in which the Flexer has worked in the same or a similar role with the Client via any third party;
5.3.2. provide the Employment Business with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by the Employment Business; and
5.3.3. inform the Employment Business if, before the date of the commencement of the relevant Assignment the Flexer has:
5.3.3.1. completed two or more assignments with the Client;
5.3.3.2. completed at least one assignment with the Client and one or more assignments with a Group Company of the Client; or
5.3.3.3. worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
5.4. If the Flexer is unable for any reason to attend work during the course of an Assignment, they should first inform the Employment Business without delay.
5.5. If, either before or during the course of an Assignment, the Flexer becomes aware of any reason why they may not be suitable for an Assignment, they shall notify the Employment Business without delay.
5.6. Flexers are not authorised or permitted by the Employment Business to enter into any contracts with Clients purporting to be made by or on behalf of the Employment Business, or to make any statements or representations to the Client purporting to be made by or on behalf of the Employment Business and/or receive loans or advances on wages from the Client.
6. Confirmation and Cancellation of Assignments
6.1. For each Assignment the Flexer accepts, the Employment Business requires the Flexer to confirm their attendance (via the Indeed Flex App unless informed otherwise) by no later than 24 hours before the Assignment is due to commence. If the Flexer does not confirm the Assignment, they may be automatically removed from the Assignment.
6.2. For each Assignment booked more than 48 hours ahead of the scheduled start time, the Flexer will receive a reminder notification and be required to confirm via the Employment Business’ mobile application. If the Flexer does not confirm their Assignment more than 24 hours before their scheduled Assignment start time, they will automatically be removed from the Assignment.
6.3. By accepting any Assignment within 48 hours of the scheduled Assignment start time, the Flexer is deemed to have confirmed their attendance for the Assignment.
6.4. The Employment Business may cancel an Assignment at any time, upon notice from the Client.
6.5. If an Assignment is cancelled by the Client, the Employment Business will take reasonable steps to give the Flexer as much notice as possible. If an Assignment is cancelled by the Client less than 24 hours before that Assignment is due tostart, the Flexer may be paid compensation of up to 4 hours’ Remuneration. The payment of compensation will be determined by the Employment Business acting in its sole discretion.
6.6. Where an Assignment is cancelled by the Client on the basis of performance concerns or negative feedback following Assignment completion and such cancellation occurs within 24 hours of the scheduled commencement time of the Assignment, the Employment Business shall have no obligation to pay any compensation in respect of the cancelled Assignment.
6.7. If the Flexer fails to attend their Assignment without notifying the Employment Business, the Employment Business reserves the right to terminate the Agreement and prevent the Flexer from using the Services.
7. Misconduct
7.1. The Flexer agrees that misconduct may include, but is not limited to, the following behaviours which could entitle the Client to request that the Flexer leave the Assignment:
7.1.1. Theft and/or fraud.
7.1.2. Discrimination, bullying and harassment.
7.1.3. The use of company facilities and equipment for personal reasons in work time.
7.1.4. Damage to property belonging to or in the possession of the Client or of other service providers.
7.1.5. Drunkenness.
7.1.6. Abusive behaviour (verbal or non-verbal) physical violence or assault.
7.1.7. Swearing or abusive language.
7.1.8. Fighting at work.
7.1.9. The wilful failure to follow management instructions or guidelines.
7.1.10. Possession of an offensive weapon.
7.1.11. Smoking in the workplace, or consumption of alcohol or drugs.
7.1.12. Conduct likely to endanger persons or property.
7.1.13. Failing to switch off mobile phones during the Flexers working hours.
7.1.14. Any use of mobile phones outside of the Flexer’s designated rest breaks or for the purposes of clocking in and out of an assignment and other assignment related issues.
7.1.15. Failure to speak English if requested by the client.
7.2. If the Flexer is asked to leave an Assignment for any of the behaviours identified above, the Flexer will not be paid for the remainder of the Assignment and the Employment Business reserves the right to terminate this contract and prevent the Flexer from using the Services.
8. Remuneration
8.1. The Flexer will be paid in accordance with the gross hourly rates set out in the terms of the Assignment, as agreed between the Flexer and the Client (the “Remuneration”) subject to deductions including but not limited to, income tax and National Insurance contributions in accordance with applicable laws (the “Deductions”).
8.2. For the avoidance of doubt, the Remuneration shall never be less than the national minimum wage requirements.
8.3. In addition to the Remuneration, the Flexer will also receive holiday pay which is accrued per hour that the Flexer works on an assignment, this is or would become due and payable to the Flexer in accordance with applicable laws and the Employment Business’ holiday pay process, again subject to deductions including but not limited to, income tax and National Insurance contributions in accordance with applicable laws
8.4. Subject to the Flexer submitting properly authorised time and attendance records in accordance with clause 10, the Employment Business shall pay the Actual Rate of Pay to the Flexer until the Flexer completes the Qualifying Period. The Actual Rate of Pay will be set out on the Flexer App for a particular Assignment. The Actual Rate of Pay meets the national minimum wage requirements.
8.5. Subject to the Flexer submitting properly authorised time and attendance records in accordance with clause 10, if the Flexer has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Flexer the Qualifying Period Rate of Pay; and the Other Qualifying Period Payments, which will be set out in the relevant Assignment details. The Qualifying Period Rate of Pay meets the national minimum wage requirements.
8.6. Subject to any applicable statutory entitlement and to clause 13 and clause 14, the Flexer is not entitled to receive payment from the Employment Business or the Client for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason, unless otherwise agreed.
8.7. Subject to time and attendance record submission and confirmation of hours worked, the Flexer will be paid in line with the standard pay cycle, weekly in arrears. All payments will be subject to statutory deductions including but not limited to, Income Tax and National Insurance where applicable.
8.8. Where permitted under the terms of an Assignment, a Client may, at its discretion, agree to reimburse a Flexer for certain expenses (for example, food or travel). Any such expenses are not guaranteed and must be claimed within 48 hours of completing the relevant Assignment. Reimbursement will only be made for expenses that are reasonably incurred and supported by valid receipts.
8.9. The Employment Business reserves the right to make deductions from any payments due to the Flexer from the Employment Business for any sums owed by the Flexer to the Employment Business, including but not limited to any overpayment in respect of previous Assignments, any other deductible expense or cost, and/or the amount of any loss to the Employment Business resulting directly from any act of gross negligence or carelessness or any other breach of the Flexer Terms by the Flexer.
8.10. Where the Client notifies the Employment Business that the Flexer is entitled to a Tips Allocation, the Employment Business will pay the Tips Allocation to the Flexer (net of any applicable Deductions) in accordance with clause 8.11 and clause 8.12, provided that the Client has both notified the Employment Business of the value of the Tips Allocation and has paid to the Employment Business a sum equivalent to the Tips Allocation.
8.11. In accordance with the Employment (Allocation of Tips) Act 2023, once the Employment Business has received the relevant Tips Allocation from the Client, the Employment Business will facilitate payment of such Tips Allocation to the Flexer’s nominated bank account within one month of receipt. Clients are required to pass any due Tips Allocation to the Employment Business within one month of the allocation date and the Employment Business’s role is limited to acting as a facilitator of such payments.
8.12. The Employment Business shall not be liable to the Flexer for any miscalculation or delay in determining, reporting or paying the Tips Allocation by the Client. The Employment Business is also not responsible for any failure of the Client to fulfil its obligations relating to the Tipping Act.
9. Benefits
9.1. The Flexer is not entitled to any contractual benefits. Throughout the course of employment, the Employment Business may, in its absolute discretion from time to time, make certain non-contractual benefits and/or incentives available to Flexers. The Employment Business may vary, suspend or discontinue any such benefits or incentives at any time.
10. Time and Attendance
10.1. The Flexer has no normal hours of work and will be required to work the hours and days as required by the Client during the Assignment. The Flexer’s hours and days of work will vary according to the needs of the Client but the Flexer could be required to work an Assignment at any time during the day. The Flexer will be notified of the hours and days they will be required to work in advance of accepting the Assignment.
10.2. The Flexer is under no obligation to work any additional hours beyond those stated (“Overtime”), but may agree with the Client to do so. Any Overtime worked will be remunerated at the same rate as the Assignment (plus Holiday Pay, where applicable).
10.3. For each Assignment, the Flexer is required to record their time and attendance via the Indeed Flex App. This ensures that accurate records of hours worked are maintained and that pay can be correctly calculated.
10.3.1. At the beginning of each Assignment, the Flexer must “clock in” through the mobile application to register their start time.
10.3.2. At the end of each Assignment, the Flexer must “clock out” through the mobile application to register their finish time.
10.4. If for any reason, a Flexer is unable to clock in or clock out using the mobile application, they must submit their time and attendance records no later than four hours after the scheduled end of the Assignment. Failure to provide this information within the required timeframe may result in suspension of the Flexer’s access to the Services.
10.5. The Employment Business will provide additional time and attendance instructions for any Assignments that do not utilise the Indeed Flex App for timekeeping.
10.6. Subject to clause 8, the Employment Business shall pay the Flexer for the Assignments worked the week after they have taken place, regardless of whether the Employment Business has received payment from the Client for those hours.
10.7. Where the Flexer fails to submit their time and attendance records, any payment due to the Flexer may be delayed while the Employment Business investigates (in a timely fashion) what hours, if any, were worked by the Flexer. The Employment Business shall make no payment to the Flexer for hours not worked.
10.8. For the avoidance of doubt and for the purposes of the WTR 1998, the Flexer’s working time shall only consist of those periods during which they are carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises (with the exception of time spent travelling between two or more premises of the Client), lunch breaks and other rest breaks shall not count as part of the Flexer’s working time for these purposes. This clause 10.8 is subject to the Employment Business’ obligations to provide the Flexer with Relevant Terms and Conditions on completion of the Qualifying Period.
10.9. The Flexer acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time and attendance records, for example by claiming payment for hours that were not actually worked. If after investigation it is identified that a Flexer has falsified or attempted to falsify any time and attendance records, the Employment Business reserves the right to suspend the Flexers use of the Services.
11. Feedback and Ratings
11.1. By using the Services, the Flexer agrees to be given feedback by Clients to whom they have provided services. The Flexer acknowledges that feedback will consist of ratings and reviews left by Clients and that these ratings and reviews will be used by the Employment Business to display on the Flexer’s profile publicly.
11.2. The Employment Business is not responsible for any rating or review posted on its services by any Users or third parties.
11.3. The Employment Business uses Clients’ ratings of the Flexer’s services provided at its discretion to decide whether to allow the Flexer to maintain access to the Indeed Flex platform.
12. Holidays
12.1. The Flexer is entitled to paid holiday which shall accrue at the rate of 12.07% of hours worked. This is the equivalent of 5.6 weeks of paid holiday per year (pro-rated for part-year service), in accordance with the Working Time Regulations 1998. Where eligible, additional entitlement may be provided under the Agency Workers Regulations 2010 (AWR).
12.2. Holiday pay is provided on a “rolled-up” basis, meaning it is paid as part of the Flexer’s regular earnings, rather than being accrued and paid when time off is taken. The Flexer’s hourly or daily pay rate includes an element of holiday pay, which will be clearly itemised on each payslip under the label “Holiday Pay.”
12.3. Holiday pay is paid weekly with wages. The Flexer is responsible for managing their own annual leave and they are expected to take adequate rest breaks in line with their holiday entitlement.
12.4. The Flexer is not required to request or obtain prior approval for taking time off, as holiday pay is paid continuously regardless of whether leave is taken. However, the Flexer should still communicate their availability for Assignments through the platform as normal.
12.5. An Assignment may include work on public holidays. Holiday pay is included in the Flexer’s standard pay for such days and will count towards their paid holiday entitlement.
12.6. The Employment Business’s holiday year runs from the 5th April to 4th April the following year.
12.7. As holiday pay is paid in advance on a rolled-up basis, there will be no further holiday payments made either during or at the end of an Assignment. Similarly, no deductions will be made for any holiday already paid where the Flexer has not taken corresponding time off.
12.8. On completion of the Qualifying Period, the Flexer may become entitled to annual leave in addition to the entitlement under this contract. In those circumstances, the Employment Business will inform the Flexer in the relevant Assignment details of any such entitlement and the date from which such entitlement will commence.
13. Sickness absence
13.1. If the Flexer is absent from work for any reason, they must notify the Employment Business via the Indeed Flex App of the reason for their absence as soon as possible on the first day of absence.
13.2. If the Flexer satisfies the qualifying conditions laid down by law, they may be entitled to receive Statutory Sick Pay (SSP) at the prevailing rate in respect of any period of sickness or injury during the Assignment. The Flexer will not be entitled to any other payments during such period.
13.3. In all cases of absence, a self-certification form (available from gov.uk) must be completed on the Flexer’s return to work and submitted to the Payroll team. For any period of sickness or injury lasting seven consecutive days or more, the Flexer must obtain, at their own cost, a doctor’s certificate (a “statement of fitness for work”) stating the reason for absence. This certificate, along with any subsequent certificates if the absence continues, must be supplied to the Payroll team within one week of the sickness commencing (or within one week of the certificate being issued)
13.4. The Flexer’s qualifying days for SSP purposes are the number of days they are contracted to work in the week in which they fall ill or, if the Flexer has not been contracted to work, the Wednesday of the week that they fall ill.
13.5. The Employment Business is committed to the highest standard of health and hygiene. The Flexer agrees that they will immediately notify the Employment Business if they are suffering from an illness or condition that prevents them from working with food. The Flexer warrants that, for the duration in which they are suffering from any such illness or condition, they will not apply for any Assignments or perform any Assignments which require them to work with food.
14. Other paid leave
14.1. During the Assignment the Flexer is not entitled to any other paid leave.
15. Training
15.1. Training may be offered to the Flexer from time to time at the sole discretion of the Employment Business. The provision of training is not a contractual entitlement and shall not be considered an obligation of the Employment Business.
16. Termination
16.1. Either party may terminate this Agreement at any time without prior notice or liability.
16.2. The Flexer acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Employment Business and the Client. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Flexer, except for payment for work done up to the date of termination of the Assignment.
16.3. The Employment Business may at any time without prior notice or liability cancel current and future Assignments of the Flexer and terminate indefinitely the Flexer’s use of the Service (and so the Services provided by the Employment Business) and the Employment Business’s decision in this regard will be final. Factors which the Employment Business may take into consideration in this regard include, but are not limited to:
16.3.1. Lateness;
16.3.2. late cancellation and non-attendance for Assignments and/or parts thereof;
16.3.3. any breach or breaches of these Terms; and
16.3.4. repeated receipt of low client ratings as per the Flex Levels Policy.
16.4. Unless exceptional circumstances apply, the Flexer’s failure to inform the Client or the Employment Business of their inability to attend work as required by clause 5.3. and clause 5.4. will be treated as termination of the Assignment by the Flexer. If the Flexer is absent during the course of an Assignment and the Assignment has not otherwise been terminated, the Employment Business will be entitled to terminate the Assignment in accordance with clause 16.1 if the work to which the Flexer was assigned is no longer available.
16.5. If the Flexer does not contact the Employment Business or use the online platform for more than one month, the Employment Business reserves the right to terminate the Flexer’s profile from the Services and archive their profile from the Employment Business’ online platform. This contract for services will automatically terminate and the Employment Business will forward the Flexer’s P45 to their last known email address.
16.6. Flexers who are suspended from the Employment Business’ online platform or who have not accepted and worked an Assignment within a 3 month period will lose access to the benefits and incentives (if any) offered by the Employment Business under clause 9.
17. Dispute Resolution
17.1. The Flexer acknowledges and agrees that, in the event of any dispute with a Client in relation to an Assignment, they must first contact the Employment Business via the support section of the Indeed Flex App before taking any further action. The Employment Business will seek to facilitate a resolution; however, the Employment Business shall not be held liable for the outcome of, or any loss arising from such disputes between the Flexer and the Client.
18. Intellectual property rights
The Flexer acknowledges that all Intellectual Property Rights deriving from services carried out by the Flexer for the Client during the Assignment shall belong to the Client. Accordingly, the Flexer shall execute all such documents and do all such acts as the Client shall from time to time require in order to give effect to the Client’s rights pursuant to this clause.
19. Confidentiality
19.1. In order to protect the confidentiality and trade secrets of the Employment Business and the Client, the Flexer agrees, subject to clause 19.2 and clause 19.3, not at any time:
19.1.1. whether during or after an Assignment (unless expressly so authorised by the Client or the Employment Business as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Client or the Employment Business; or
19.1.2. to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or the Employment Business except when required to do so in the course of the Flexer’s duties under an Assignment, in which circumstances such copy abstract or summary would belong to the Client or the Employment Business, as appropriate.
19.2. The restriction in clause 19.1 does not apply to:
19.2.1. any use or disclosure authorised by the Client or the Employment Business or as required by law, a court of competent jurisdiction or any governmental or regulatory authority;
19.2.2. any information which is already in, or comes into, the public domain otherwise than through the Flexer’s unauthorised disclosure; or
19.2.3. any protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.
19.3. Nothing in this clause 19 shall prevent the Flexer or, where applicable, the Employment Business (or any of its officers, employees, workers or agents) from:
19.3.1. reporting a suspected criminal offence to the police or any law enforcement agency or disclosure co-operating with the police or any law enforcement agency regarding a criminal investigation or prosecution;
19.3.2. doing or saying anything that is required by HMRC or a regulator, ombudsman or supervisory authority;
19.3.3. whether required to or not, making a disclosure to, or co-operating with any investigation by, HMRC or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at a hearing);
19.3.4. complying with an order from a court or tribunal to disclose or give evidence;
19.3.5. disclosing information to any person who owes a duty of confidentiality (which the Flexer and the Employment Business agree not to waive) in respect of information disclosed to them, including legal or tax advisers or, in the case of the Flexer, persons providing them with medical, therapeutic, counselling or support services (providing they owe the Flexer a duty of confidentiality which remains unwaived); or
19.3.6. making any other disclosure as required by law.
19.4. At the end of each Assignment or on request the Flexer agrees to deliver up to the Client or the Employment Business (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client which are in its possession, including any data produced, maintained or stored on the Client’s computer systems or other electronic equipment.
20. Pensions
20.1. When eligible, the Flexer will be auto-enrolled into the NEST Pension Scheme. Further details of the pension scheme are provided in the Flexer Guidebook.
21. Levels and grievance procedures
21.1. The Flexer’s attention is drawn to the Flex Levels policy and grievance procedure, applicable to their engagement, copies of which are included within the Flexer guidebook. These rules and procedures do not form part of these Flexer Terms (UK).
21.2. If the Flexer wishes to appeal against a decision, they may apply in writing via the app to the Support team in accordance with the Employment Business’ levels procedure.
21.3. If the Flexer wishes to raise a grievance, they may do so in writing via the app to the Support team in accordance with the Employment Business’ grievance procedure.
22. Warranties and indemnities
22.1. The Flexer warrants that:
22.1.1. the information supplied to the Employment Business in any application documents is correct;
22.1.2. the Flexer has the experience, training, qualifications and any authorisation which the Client considers are necessary or which are required by law or by any professional body for the Flexer to possess in order to perform the Assignment;
22.1.3. the Flexer is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or client) or any other reason, from fulfilling the Flexer’s obligations under this Flexer Terms (UK); and
22.1.4. The Flexer has valid and subsisting leave to enter and remain in the United Kingdom for the duration of these Flexer Terms (UK) and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
22.2. The Flexer shall indemnify and keep indemnified the Employment Business and the Client against all Demands (including legal and other professional fees and expenses) which the Employment Business or the Client may suffer, sustain, incur, pay or be put to arising from or in connection with:
22.2.1. any failure by the Flexer to comply with its obligations under these Flexer Terms (UK);
22.2.2. any negligent or fraudulent act or omission by the Flexer;
22.2.3. the disclosure by the Flexer of any Confidential Information;
22.2.4. any employment-related claim brought by the Flexer in connection with the Assignment; or
22.2.5. the infringement by the Flexer of the Client’s Intellectual Property Rights.
23. Liability
23.1. Nothing in these Terms limits or excludes the Employment Business’ liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
23.2. The Employment Business is not responsible for any loss or damage that is not foreseeable at the time when the Flexer begins using the Service.
23.3. Flexers engaged via the Service perform the Assignments under the direction and control of the Client. The Employment Business provides matchmaking and platform services only and the Flexer agrees that the Employment Business has no responsibility for any other aspect of service delivery or interaction between Flexers and Clients.
24. No partnership or agency
24.1. Nothing in these Flexer Terms (UK) is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
24.2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
25. Collective agreements
25.1. There is no collective agreement which directly affects the Flexer’s engagement as a worker.
26. Entire agreement
26.1. These Flexer Terms (UK) constitute the entire agreement between the parties and supersede and extinguish all previous and contemporaneous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
26.2. Each party acknowledges that in entering into these Flexer Terms (UK) it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Flexer Terms (UK).
26.3. No variation of these Flexer Terms (UK) shall be effective unless it is in writing and acknowledged by each of the parties (or their authorised representatives).
26.4. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Flexer Terms (UK).
27. Third Party rights
27.1. No one other than a party to these Flexer Terms (UK) shall have any right to enforce any of its terms.
28. Severance
28.1. If any provision or part-provision of these Flexer Terms (UK) is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Flexer Terms (UK).
28.2. If any provision or part-provision of these Flexer Terms (UK) is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
29. Governing law
29.1. These Flexer Terms (UK) and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
30. Jurisdiction
30.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Flexer Terms (UK) or its subject matter or formation.