PARTIES

1. SANA CARE SERVICES LIMITED (“Employer”)

2. (“Worker or You”)

Sana Care Services- Terms of Engagement for Temporary workers

1. DEFINITIONS

1.1 In these Terms of Engagement the following definitions apply:

“Actual Rate of Pay” means, unless and until the Temporary Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment (to the nearest quarter hour) monthly in arrears, subject to Deductions

“Actual QP Rate of Pay” means the rate of pay which might become payable to the Temporary Worker if and when he completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment (to the nearest quarter hour) monthly in arrears, subject to Deductions and any Agreed Deductions.

“Agency Workers Regulations” means the Agency Workers Regulations 2010.

“Agreed Deductions” means any deductions the Temporary Worker has agreed can be made from their pay;

“Assignment” means assignment services to be performed by the Temporary Worker for the Hirer for a period of time during which the Temporary Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer.

“Calendar Week” means any period of seven days starting with the same day as the first day of the First Assignment.

“Client” means the person, firm or corporate body requiring the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 1985.

“Conduct Regulations” means the conduct of Employment Agencies and Employment Businesses Regulations 2003.

“Data Protection Laws” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.

“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.

“Emoluments” means any pay in addition to the Actual QP Rate of Pay.

‘Employment Business’ means Sana Care Services.

“Engagement” means the engagement, employment or use of the Temporary Worker by the Hirer or any third party to whom the Temporary Worker has been Introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Temporary Worker is an officer, employee or other representative, an agency, license, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“First Assignment” means:

(a) The relevant Assignment; or

(b) If, prior to the relevant Assignment: I. the Temporary Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Temporary Worker works in the relevant Assignment; The relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Temporary Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer);

“Hirer” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Temporary Worker is supplied or introduced;

“Hirer's Group” means

(a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and

(b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

“Period of Extended Hire” means any additional period that the Hirer wishes the Temporary Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to Paying a Transfer Fee;

“Qualifying Period” means twelve continuous Calendar Weeks (as defined by the Agency Workers Regulations) during the whole or part of which the Temporary Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in our Policies and Procedures

“Relevant Period” means

(a) the period of eight weeks commencing on the day after the last day on which the Temporary Worker worked for the Hirer having been supplied by the Employment Business; or

(b) the period of fourteen weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by Employment Business or fourteen weeks from the first day of the most recent Assignment where there has been a break of more than six weeks (forty two days) since any previous assignment;

“Temporary Work Agency” means as defined in Regulation 4 of the Agency Workers Regulations and which broadly mean a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:

(a) Supplying individuals to work temporarily for and under the supervision and direction of hirers; or

(b) Paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers. as defined in the Schedule to these Terms;

‘Temporary Worker’/’Agency Worker’ means, healthcare assistant or other temporary worker who agrees to and is provided with a copy of these Terms of Engagement;

“Terms” means these terms of engagement;

“Transfer Fee” means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations;

“Working Time Regulations” means the Working Time Regulations 1998.

1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These Terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments.

2.2 During an Assignment the Temporary Worker will be engaged on a contract for services by the Employment Business on these Terms, for the avoidance of doubt, these Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker. The Temporary Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Temporary Worker’s pay in accordance with clause 4.1. These Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker, or the Temporary Worker and the Hirer. The Temporary Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Temporary Worker rights in addition to those provided by statute except where expressly stated.

2.3 No variation or alteration of these Terms shall be valid unless approved by a director of the Employment Business in writing.

2.4 The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Temporary Worker for Assignments with its Hirers.

3. ASSIGNMENTS

3.1 The Employment Business (which may vary from Assignment to Assignment) will endeavour to obtain suitable Assignments for the Temporary Worker to work in fields specified by the Temporary Worker on his application forms. Provision of work finding services is not conditional on use of any of the Employment Business’ chargeable services.

3.2 The Temporary Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Temporary Worker further agrees that suitability shall be determined solely by the Employment Business and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work.

3.3 At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall provide the Temporary Worker with the following information:

3.3.1 The identity of the Hirer, and if applicable the nature of their business;

3.3.2 The date the Assignment is to commence and the duration or likely duration of Assignment;

3.3.3 The Type of Work, location and hours during which the Agency Worker would be required to work;

3.3.4 The Hourly Rate that will be paid (subject to deductions) and any expenses payable by or to the Temporary Worker.

3.3.5 Any risks to health and safety known to the Hirer in relation to the Assignment and the steps the Hirer has taken to prevent or control such risks; and

3.3.6 What experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.

3.4 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be the date on which the Temporary Worker commences the first Assignment.

3.5 The Temporary Worker shall not be obliged to accept any Assignment offered by the Employment Business.

3.6 The Temporary Worker may not under any circumstances introduce any other person to supply services in place of the Temporary Worker.

3.7 If during the course of an Assignment or within certain periods after the end of an Assignment or after an introduction where no assignment took place the Client wishes to employ the Temporary Worker direct (or assist another body to employ the Temporary Worker direct), the Temporary Worker acknowledges that under certain circumstances the Employment Business will be entitled either to charge the Client an introduction fee or a period of extended hire.

3.8 If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Temporary Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in writing once determined (as appropriate).

3.9 If the Temporary Worker considers that he has not or may not have received equal treatment under the Agency Workers Regulations, the Temporary Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his concerns. This should be emailed to dennis@sanacareservices.co.uk. accounts@sanacareservices.co.uk

4. REMUNERATION

4.1 Unless and until the Temporary Worker completes the Qualifying Period then depending on which Employment Business arranges the relevant Assignment then unless otherwise agreed the Employment Business shall pay to the Temporary Worker the Actual Rate of Pay, being remuneration calculated at the hourly rate or as otherwise advised to the Temporary Worker at the time of booking the Assignment or subsequently. Where the Employment Business’ pay rate schedules indicate a range of hourly rates (the lower end of the range being the minimum hourly rate payable) the Employment Business will decide on the rate according to a range of factors. The actual rate will be notified on a per Assignment basis (the Temporary Worker must check with the Employment Business the agreed rate) for each hour worked during an Assignment (to the nearest quarter hour) to be paid monthly in arrears for all work satisfactorily performed, subject to PAYE, National Insurance and any other deductions which the Employment Business may be required by law to make. Payment of remuneration to the Temporary Worker is not contingent upon the Employment Business being paid by the Client.

4.2 If the Temporary Worker 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 Temporary Worker the greater of the Actual Rate of Pay, or, the Actual Rate of Pay plus the amount by which the QP Rate of Pay (if any) exceeds the Actual Rate of Pay, to which shall also be added the Emoluments (if any) which will be notified on a per Assignment
basis and as set out in writing once determined to the Temporary Worker.

4.3 Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason.

5. STATUTORY LEAVE

5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations, the leave year commences on 1st April annually.

5.2 Under the Working Time Regulations, the Temporary Worker is entitled to 5.6 weeks per year of annual leave as a statutory minimum. All entitlement to earned leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. The Temporary Worker is responsible for ensuring that all paid annual leave is claimed and taken within the Leave Year.

5.3 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignments during the leave year and is calculated according to the previous twelve weeks worked. Four weeks’ notice of a requirement for statutory leave must be provided by the Temporary Worker.

5.4 Under the Agency Workers Regulations, on completion of the Qualifying Period the Temporary Worker may be entitled to be paid and/or unpaid annual leave in addition to the Temporary Worker's entitlement to paid annual leave under the Working Time Regulations and in accordance with clauses 5.2 and 5.3. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in writing.

5.5 In the course of any assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one twelfth of his total holiday entitlement in each month of his leave year. Where the Temporary Worker wishes to take any leave to which he is entitled, he should notify the Employment Business in writing of the dates of his intended absence. The Employment Business requires four weeks’ written notice of intention to take holiday. This is to be sent to the holiday manager in the payroll department.

5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self- employed worker.

5.7 Temporary Workers who provide their services via an intermediary organisation or on a self-employed basis are not entitled to holiday pay.

5.8 No person shall be able to work for the Employment Business whilst on annual leave.

6. SICKNESS ABSENCE

6.1 The Temporary Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria including the timely provision of evidence of incapacity to work.

7. TIMESHEETS

7.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business a time sheet for the specific client duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Client. Failure to submit a time sheet for hours worked may delay payment for those hours. Failure to cooperate in the Employment Business’ timesheet process may constitute a breach of this contract for which damages might be claimed.

7.2 Subject to clause 7.3 the Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.

7.3 Where the Temporary Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Hirer has
refused to sign a timesheet in respect of those hours. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.

7.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Worker’s working time shall only consist of those periods during which he is carrying out activities or duties for the Client as part of the Assignment. Time spent travelling to the Client’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary Worker’s working time for these purposes.

8. CONDUCT OF ASSIGNMENTS

8.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards where appropriate, he will:–

a) Co-operate with the client and/or the Client’s staff, accept reasonable instructions and accept the direction, supervision and control of any responsible person in the Client’s home or organisation;

b) be present at such times as may be stipulated by the Client and unless arrangements have been made to the contrary, to conform to the normal hours of work agreed at the premises where the assignment is to be carried out;

c) observe any relevant policies, rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which the Temporary Worker might reasonably be expected to ascertain.

d) take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his actions on the Assignment and comply with the Health and Safety policies and procedures of the Client and the Employment Business.

e) not engage in any conduct detrimental to the interests of the Client;

f) not at any time divulge to any person, nor use for his 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;

g) act in a professional and courteous manner;

h) be responsible for the provision of a uniform and any necessary equipment;

i) Co-operate with the Employment Business’ staff and accept their direction, supervision and control.

8.2 If the Temporary Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Temporary Worker undertakes to:

8.2.1 inform the Employment Business in writing of any Calendar Weeks between 1 October 2011 and prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Temporary Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Temporary Worker believes count or may count toward the Qualifying Period;

8.2.2 Provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and

8.2.3 Inform the Employment Business if, since 1 October 2011, he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:

8.2.3.1 Completed two or more assignments with the Hirer;

8.2.3.2 Completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or

8.2.3.3 Worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.

8.3 If the Temporary Worker is unable to attend work during the course of an Assignment he should inform the Client and the Employment Business by no later than one hour prior to the commencement of work time. This it to enable alternative arrangements to be made.

8.4 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.

8.5 The Temporary Worker acknowledges that any breach of his obligations set out in this clause may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Temporary Worker.

9. TERMINATION AND COMMENCEMENT

9.1 Before commencing any assignment, the Temporary Worker must provide the Employment Business with confirmation that he has not been convicted of or cautioned in relation to any criminal offence. In the event that the Temporary Worker is charged with or cautioned in relation to any criminal offence he must inform the Employment Business immediately and provide regular reports about the progress of proceedings.

9.2 The Temporary Worker will fully co-operate with the Employment Business in relation to any criminal record checks which The Employment Business is required to carry out and with the frequency of such checks.

9.3 Before commencing any assignment the Temporary Worker must inform the Employment Business about any complaint made against him that is relevant to their professional competence, standing or conduct. In the event that the Temporary Worker becomes the subject of a complaint he must inform the Employment Business immediately and provide regular reports about the progress of proceedings.

9.4 The Employment Business will inform the Temporary Worker about any complaint made against him that is relevant to his/her professional competence or conduct.

9.5 Where the Temporary Worker wishes to raise any complaint about any matter, he/she should do so in accordance with the Employment Business’s complaints procedure.

9.6 Unless otherwise agreed the Employment Business or the Client may, without prior notice or liability, terminate the Temporary Worker’s Assignment at any time.

9.7 Unless otherwise agreed the Temporary Worker may terminate an Assignment at any time without prior notice or liability.

9.8 If the Temporary Worker does not inform the client or the Employment Business should they be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by the Temporary Worker unless the Temporary Worker can show that exceptional circumstances prevented informing the Employment Business of the absence.

9.9 If the Temporary Worker is absent during the course of an Assignment and the contract has not been otherwise terminated the Employment Business will be entitled to terminate the contract in accordance with clause 9.6 if the work to which the absent worker was assigned is no longer available for the Temporary Worker.

10. SPECIAL PROVISIONS

10.1 The Temporary Worker must provide the Employment Business with all requested proof of qualifications, references, recent photographs (for identification purposes), access to health records and medical registrations as may be requested in order for the Employment Business to satisfy itself that the Temporary Worker is fit to be supplied to Client. The Temporary Worker accepts that the Employment Business is or may be required to handle/process this (and other personal information as reasonably requested from time to time) and may need to share such information with its agents or third parties as part of performing its duties. The Temporary Worker recognises such obligations on the Employment Business and hereby consents to the handling, processing and divulging (whether in the UK, the European Union or elsewhere) of such information as may be necessary for the Employment Business (or its agents) to perform its duties.

10.2 The Temporary Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Temporary Worker to the Hirer (now or in the future), and the Hirer:

10.2.1 processing his personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and

10.2.2 Exporting and/or processing his personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.

10.3 In the situation where the Temporary Worker is a qualified professional, the professional should ensure that their professional registration remains active at all times and that they comply with their professional body’s Code of Conduct during every Assignment. In the situation where the Temporary Worker is a Healthcare Assistant without relevant National Vocational Qualification, the Healthcare Assistant shall register for the relevant NVQ within the first six months of commencing an Assignment with the Employment Business and shall complete the qualification within three years. In all cases Temporary Workers with professional qualifications and who rely thereon for work must ensure full and current compliance with the appropriate professional requirements.

10.4 The Temporary Worker is required to effect professional indemnity cover whilst on Assignment.

10.5 The Temporary Worker should advise the Employment Business immediately if offered any employment or engagement by the Client or any third party to whom he is introduced by the Client and is also requested to provide details to the Employment Business of any remuneration offered.

10.6 The Temporary Worker is required to advise the Employment Business of any medical condition or any change in state of health that could impact upon ability to carry out Assignments or his eligibility for Assignments.

10.7 The Temporary Worker must follow and co-operate fully with the formal induction procedure of the Employment Business and undertake any training specified by the Employment Business or its hirers.

10.8 Throughout each Assignment, the Temporary Worker must comply with the Employment Business’ policies and/or procedures:

10.8.1 on standards of conduct and all organisational matters as set out in the Employment Business’s handbook;

10.8.2 on the safe handling of client money and property. In addition the Temporary Worker hereby agrees not to be involved in assisting in the making of or benefiting from the Will or Consent of any patient whom the Temporary Worker is supplied by the Employment Business to assist, nor will the Agency Worker become involved in any other legal documentation concerning the Client’s affairs;

10.8.3 in relation to the entry and departure from Client’s home;

10.8.4 which apply in the event of a nonresponse from the Client at the premises where the Assignment is to be performed or in the event of any accident or other emergency at the premises;

10.8.5 regarding the detailed records which the Agency Worker is required to maintain during an Assignment which shall be advised to the Agency Worker; and

10.8.6 Which concern the administration of or assistance with medication (including all record keeping requirements) and which will also identify the limits to assistance and the tasks which may not be undertaken without specialist training.

10.9 At all times during an Assignment, the Temporary Worker shall wear an identification badge, which shall provide details of his/her name, which identifies the Employment of the Temporary Worker with the Agency.

10.10 Where the Assignment takes place in the Client’s home, the Temporary Worker shall ensure that any equipment used is in a safe condition. The Temporary Worker shall ensure that any necessary inspections of such equipment have taken place on time and, where necessary, the Temporary Worker shall notify any organisation supplying the said equipment that an inspection is required. 10.11 The Temporary Worker recognises the Employment Business’ obligations under The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) and hereby agrees to disclosures of personal information about the Temporary Worker as required in order for the Employment Business to comply with the Regulations. 10.12 Sana Care Services is to be able to offer Assignments once the Temporary Worker has cleared for work.

11. Training

11.1 During your engagement:

• You must complete [Care Certificate] which will be paid for by yourself.

• You are entitled to take part in various training courses which we may provide from time to time in-house. Specific details of what courses will be provided to you within two months of the start of the engagement. You should speak to your managerin the first instance if you would like to take a course.

12. Data Protection

12.1 SANA CARE SERVICES LIMITED will collect and process information relating to you in accordance with the Fair Processing Notice which has been provided to you under separate cover. You are required to sign and date the Fair Processing Notice and return it to the Registered Manager. SANA CARE SERVICES LIMITED may update the Fair Processing Notice at any time and will notify you in writing of any changes. Following any update to the Fair Processing Notice, you are required to review, sign and return any new version issued.

12.2 You have read and understood and shall comply with the Data Protection and Confidentiality Policy and Procedure at SANA CARE SERVICES LIMITED when handling personal data in the course of employment including personal data relating to any employee, worker, Service User, client, supplier or agent of the Company. Copies of these policies are available on the QCS Management System or QCS App. SANA CARE SERVICES LIMITED may change policies at any time and will notify you in writing of any changes. Failure to comply with these policies may result in immediate termination of this Agreement.

12.3 SANA CARE SERVICES LIMITED shall generally rely on a lawful ground for processing; should consent be required, SANA CARE SERVICES LIMITED shall adhere to its legal obligations in this regard. Further details can be found in the relevant Fair Processing Notice.

13. Company Rules and Procedures

13.1 During each assignment you are required, at all times, to comply with the relevant rules, policies and procedures at SANA CARE SERVICES LIMITED in force from time to time [including but not limited to those contained in the Staff Handbook, [a copy of which has been given to you which is available on our intranet].

14. Confidential Information

14.1 You shall not use or disclose to any person, either during or at any time after your engagement by SANA CARE SERVICES LIMITED, any confidential information about the business or affairs of SANA CARE SERVICES LIMITED or any of its business contacts, or about any other matters which may come to your knowledge as a result of carrying out assignments. For the purposes of this clause, confidential information means any information or matter which is not in the public domain and which relates to the affairs of SANA CARE SERVICES LIMITED or any of its business contacts.

14.2 The restriction in this clause does not apply to;

14.2.1 Prevent you from making a protected disclosure within the meaning of Section 43A of the Employment Rights Act 1996; or

14.2.2 Use or disclosure that has been authorised by SANA CARE SERVICES LIMITED or is required by law or in the course of your duties.

15. LAW

These Terms are governed by the law of England & Wales where the service is delivered in England and Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. Where the service is delivered in Scotland or Northern Ireland, the Terms are governed by the law of Scotland or Northern Ireland and are subject to the exclusive jurisdiction of the Courts of Scotland and Northern Ireland.

Please indicate your acceptance of these terms by signing and returning to us the attached copy. I hereby acknowledge and accept the contents of the contract.