Flexer Terms & Conditions
Get ready for the most exciting and rewarding way to earn extra money!
Welcome to Johnsons Industries! We are an online platform which connects businesses that
are looking to engage temporary staff on an ad hoc basis to meet their particular
requirements, such as covering events, (each such business being the “Client”) with
individuals who are looking for ad hoc opportunities to provide their services (each such
individual being a “Flexer”).
These terms and conditions (the “Community Guidelines”) preside over the use by Flexers of
the services offered by JI via JI’s website, web application (accessible via the following
URL Johnsonsindustries.co.uk) and mobile applications. Such services, website and mobile
applications are hereinafter together referred to as the “Service”. The Service is operated by
Johnsons Industries Limited, Hambrook street, Portsmouth, PO5 3BS (company registration
number: 09372516) referred to as “JI”, “we”, “our”, “us” and the “Company”.
If you are a Flexer, please read these Community Guidelines carefully and in conjunction
with the Indeed JI Privacy Policy before using the Service. Your use of the Service (including
by accepting and undertaking Engagements) constitutes your acceptance of and agreement
to all of the terms and conditions defined herein.
If you are a Client, please refer to the JI Terms of Service, along with any other agreement
which may be in place between JI and the Client, such as a JI+ Software Agreement or JI+
Service Level Agreement (if applicable), and the Indeed JI Privacy Policy, which preside
over your use of the Service.
JI reserves the right, from time to time, with or without notice, to change these Community
Guidelines at its sole discretion, and the latest version will appear on the Service with the
date that it was last updated. JI will notify Flexers by way of notice on the JI online platform
and email (to the email address registered with JI) when any changes are posted. By using
the Service after any changes have been posted, you agree to the new terms. If JI makes
any significant changes to these Community Guidelines, it will notify Flexers by email (to the
email address registered with JI) in advance.
1. Definitions and Interpretation
1. The following definitions and rules of interpretation apply in these Community
Guidelines:
“Account” means the JI account you open when you register to become a Flexer and use
Flex’s Service;
Agency Regulations” means the Agency Workers Regulations 2010;
“Appoint” means the employment or engagement of any individual who is or was a Flexer by
a Client or any of its Group Companies, whether directly or indirectly or through any
employment business other than JI as a direct result of any Engagement or introduction of
that individual via the Service to the Client and the terms Appointed, Appoints or
Appointment shall be construed accordingly’;
“Assignment” means a description of services required that is posted by a Client on the
Service which includes without limitation the pay rates, times and locations for the
performance of those services;
“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, JI or JI’s Group Companies for the time being confidential to the Client, JI or JI’s
Group Companies and trade secrets including, without limitation, technical data and know
how relating to the business of the Client or JI or JI’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 Temporary Worker creates, develops,
receives or obtains in connection with an Engagement, whether or not such information (if in
anything other than oral form) is marked confidential;
“Engagement” means a Client’s engagement of a Flexer via the Service to provide Flexer
Services in respect of any Assignment;
“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 subsidiary) where “holding company” and
“subsidiary company” shall have the meaning given in section 1159 of the Companies Act
2006. The term Group Companies shall be construed accordingly;
“Introduction Fee” means a fee payable by the Client to Flex in the circumstances set out in
clause 18;
“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 Regulations;
“Qualifying Period” means the 12-week qualifying period as defined in regulation 7 of the
Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;
“Relevant Period” has the meaning given to it in regulation 10(5) and (6) of the Conduct
Regulations;
“Shift” means one or more recurring periods in which a Flexer provides services in relation to
a single Engagement;
“Flexer Services” means the activities to be performed by Flexers during the course of any
Engagement; and
“User” means a Flexer or a Client that registers for an Account
In these Community Guidelines headings (including any sections and subsections) are for
convenience only and do not affect interpretation.
References to “you” are a reference to a Flexer.
2. User Accounts
1. Flexers are required to create an Account in order to use the Service. By joining, a
Flexer confirms that they are aged 18 or over and are legally capable of entering into
binding contracts. JI will provide you with login credentials and on-boarding
information.
2. All User Accounts are associated with individuals. All Users are responsible for their
Accounts, including making sure that all User details are correct and kept up-to-date
and for ensuring that their password is secure. If a Flexer has any reason to believe
that its Account is being used by anyone else, Contact Us immediately by visiting the
support section in the app. If we believe that a Flexer’s Account has been
compromised, we may suspend that account and will contact the Flexer to try and
resolve the problem.
3. We may, at our absolute discretion, refuse to register any person or entity as a User.
4. If you have any problems creating an account, logging into your Account or updating
your details, please have a look at our FAQs or Contact Us by visiting the support
section in the app.
3. Content on our Service
1. We may change or remove content, functionality or parts of our Service at any time.
2. The legal rights (including the intellectual property rights) in our Service and any
content on it is owned by us, or licensed to us by third parties. Our Service and
content is protected by international copyright laws and database rights. Save for the
limited right to use the ordinary functionality of the Service as granted under these
Terms of Service, nothing on our Service grants you any licence or right to use, alter
or remove such material. You may not use our trade marks, logos or other intellectual
property without our prior written approval.
3. From time to time, our Service may include links to other websites, applications or
web properties. These links are provided for your convenience to provide further
information. We have no control over, or responsibility for, the content of the linked
websites, applications or web properties.
4. We do not guarantee that the Service, or any content on it, will always be available or
be uninterrupted. The quality of the Service may be affected by a number of factors
including, for example, network connection and internal network, as well as any
interference or maintenance work. If a disruption or disturbance occurs on the
Service or a part of it or if the Service or a part of it is temporarily out of use or
inoperative due to repair or maintenance work, updates or reasons beyond our
control (force majeure), you accept that such interruptions, disturbances or
disruptions do not constitute a defect or delay of or in the Service, and, to the extent
permitted by law, we shall not be liable for any consequences of or damages
resulting from such interruptions, disturbances or disruptions. We or a third party
shall seek to repair the problems or failures as soon as possible and to restore the
Service to use as soon as possible under the circumstances. We have the right to
update the software included in the Service from time to time.
5. Your access to our Service may also be occasionally restricted to allow for repairs,
maintenance or the introduction of new facilities or services. We will endeavour to
restore the Service as soon as we reasonably can.
6. We do not guarantee that the Service, or any content on it, will be free from errors or
omissions.
4. User Licence
1. We allow Flexers to submit applications for Assignments (which may include, for
example, pictures, text, information and/or other types of content) (the “Content”).
2. You hereby grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty
free, perpetual licence to use, reproduce, modify, adapt, create derivative works
from, publish, transmit, communicate to the public, perform and display any of your
Content in connection with the provision, operation, maintenance, development,
marketing and improvement of the Service and for other business needs of JI. You
accept that this means that we are able to use and exploit the Content in any manner
and by any means, method or technology (whether now known or hereafter created)
and for such purposes (including but without limitation to promoting part or all of the
Service). This section does not affect your rights nor our obligations under the Indeed
JI Privacy Policy.
3. You irrevocably and unconditionally waive any and all moral rights in any Content.
4. You are solely responsible for your Content and the consequences of posting or
publishing it. We do not endorse any Content or any opinion, recommendation, or
advice expressed therein. You also acknowledge that we have no liability in
connection with the Content and we cannot guarantee and will not be liable for any
unauthorised copying, distribution or use of your Content.
5. By uploading and publishing your Content you warrant, represent and undertake that
you are the creator and owner of the Content, have the right to grant us the rights
contain in these Community Guidelines and that you will comply with all your
obligations regarding uploading content to our Service including without limitation
those set out at clause 5.1, below. You warrant that the Content is accurate and
complete in all material respects and you have (and will continue to have during your
use of the Service) all necessary licences, rights consents and permissions which are
required to enable us to use your Content as contemplated by these Community
Guidelines.
5. Your use of our Service
1. You agree that you will not:
1. (a) impersonate any other person, conduct yourself in an offensive or abusive
manner, or use the Service for any unlawful purposes;
2. (b) fail to deliver Flexer Services to the Client;
3. (c) advertise or offer to sell any goods or services for any commercial purpose
through the Service which are not relevant to the services offered via the
Service;
4. (d) use virtual private networks, false email addresses or any other means to
mask your identity;
5. (e) attempt to access the accounts of other Users or upload, share or submit
content containing any spy ware, adware, viruses, corrupt files, worm
programmes or other malicious code designed to interrupt, damage or limit
the functionality of or disrupt any software, hardware, telecommunications,
networks, servers or other equipment, Trojan horse or any other material
designed to damage, interfere with, wrongly intercept or expropriate any data
or personal information;
6. (f) disable or modify any copy protection technology used on the Service;
7. (g) abuse or manipulate the rating/review system on the Service;
8. (h) alter or modify, translate, adapt, merge, make derivative works of,
decompile, disassemble, reverse compile, reverse engineer or otherwise
attempt to derive the source code for any part of the Service or any of the
Services;
9. (i) collect, harvest or ‘scrape’ any data from any web pages contained in the
Service;
10. (j) upload, share or submit content that is or may be interpreted as obscene,
indecent, pornographic, sexually explicit, libellous, maliciously false,
inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous
manner) offensive, deceptive, threatening, abusive, harassing, menacing,
hateful, discriminatory or cause annoyance, inconvenience or needless
anxiety to any person or be in breach of hate speech or discrimination
legislation;
11. (k) upload, share or submit any content that infringes any proprietary rights of
any third party including any patent, copyright, moral right, database right,
trade mark right, design right, trade secret rights in passing off, rights of
privacy, publicity, confidence, or under data protection legislation or other
intellectual property law; upload, share or submit any content that is false,
deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’
offer;
12. (l) do or omit to do anything which would bring us, the Service, our suppliers
or other Users into disrepute or in any way damage our or their reputation;
interfere with another User’s use and enjoyment of the Service in any other
manner that could damage, disable, over burden or impair the Service; or
2. (m) otherwise use the Service in violation of these Community Guidelines.
3. We may suspend, restrict or terminate your Account and/or your access to the
Service if we believe that you have breached these Community Guidelines. This
does not limit our right to take any other actions against you that we consider
appropriate to protect our rights.
6. Your Relationship with Flex
1. JI operates as an employment business within the meaning of the Employment
Agencies Act 1973 and the Conduct Regulations.
2. Upon accepting an Engagement, Flexers are engaged by JI as workers within the
meaning of section 230(3) of the Employment Rights Act 1996. Flex is not an
employment agency and no Flexer is or shall be deemed to be an employee of JI.
7. Terms of Assignments
1. JI does not review, approve, recommend or verify any of the credentials, licences or
statements in relation to Assignments posted by Clients on its Services. JI shall not
be liable or responsible to the extent it has been provided with misleading,
inaccurate, false or fraudulent information by Clients.
2. In respect of each Engagement, Flexers shall be engaged by JI under a contract for
services. Flexers act for and under the control of Clients for the duration of each
Engagement. JI and its Group Companies are not responsible for the actions,
omissions, negligence or misconduct of Flexers or Clients.
3. At the time when an Assignment is available for a Flexer to view, JI shall provide
Flexers with the following information:
1. (a) the identity of the Client, and if applicable the nature of its business;
2. (b) the date on which the Client requires the Flexer to commence work and
the duration, or likely duration, of that work;
3. (c) the position which the Client is seeking to fill, including the type of work the
Flexer would be required to do, the location at which, and the hours during
which, the Flexer would be required to work, and any risk to health or safety
known to the Client and what steps the Client has taken to prevent or control
such risks;
4. (d) the hourly rate at which the Flexer would be paid;
5. (e) 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; and
4. (f) any expenses payable by or to the Flexer.
5. 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.
6. You understand and agree that JI will use reasonable endeavours to confirm your
identity and to verify that you have the required skills, qualifications and experience
to apply for Assignments and undertake Engagements with the Clients. This may
include JI conducting extensive background checks to verify your identity and
criminal record and Flexers give JI all necessary consents to undertake such checks
to the extent permitted by applicable law.
8. Accepting Engagements
1. You are not obliged to apply for any Assignments and, upon applying for an
Assignment, are not obliged to accept any subsequent Engagement. Similarly, JI is
not obliged to make any Assignments available to you and is not obliged to ensure
that Clients offer you Engagements.
2. Upon accepting an Engagement, as soon as possible before the commencement of
the Engagement and during each Engagement (as appropriate) and at any time at
Flex’s request, you undertake to:
1. (a) inform JI of any calendar weeks whether before the date of
commencement of the relevant Engagement or during the relevant
Engagement in which you have worked in the same or a similar role with the
Client via any third party;
2. (b) provide the JI 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 JI; and
3. (c) inform JI if, before the date of the commencement of the relevant
Engagement, you have:
4. (i) completed two or more assignments with the Client;
5. (ii) completed at least one assignment with the Client and one or more
assignments with a Group Company of the Client; or
3. (iii) 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.
4. Upon being engaged via the Service to perform an Engagement, the Flexer may, at
any time prior to the commencement of such Engagement (or the first Shift of the
same) cancel the Engagement.
9. Confirming and Performing Engagements
1. For each Shift and/or Engagement, JI requires you to confirm that you will be
attending. All shifts must be confirmed via JI’s mobile application.
1. For each Shift and/or Engagement booked more than 48 hours ahead of the
scheduled start time, you will receive a reminder notification and be required
to confirm via JI’s mobile application. If you do not confirm your shift more
than 24 hours before your scheduled Shift start time you will automatically be
removed from the Shift.
2. By accepting any Shift within 48 hours of the scheduled Shift start time you
are deemed to have confirmed your attendance for the Shift.
2. Upon accepting an Engagement you confirm that:
1. you expect to be able to carry out the necessary duties and responsibilities of
the Engagement
2. you will co-operate with the Client’s lawful and reasonable instructions and
will accept the director, supervision and control of any responsible person
within the Client’s organisation;
3. you will observe and obey any of the Client’s relevant rules, policies and/or
regulations including, without limitation, the Client’s health and safety policies;
4. you will abide by the Client’s uniform and conduct rules (if any);
5. you will take all reasonable steps to safeguard your own health and safety
and that of any other person who may be present or be affected by your
actions whilst you are performing the Engagement;
6. you will be on your best behaviour, work hard and serve the Client to the best
of your ability at all times during your Shift and/or Engagement;
7. you will not engage in any misconduct or behaviour which is detrimental to
the interests of JI or the Client. This includes any actions that could bring Flex
or the Client into disrepute and/or which could result in loss of business for
either party.
3. You will be required to perform the Engagement or Shifts at the location specified in
the applicable Assignment or at such other location as J may notify to you. Your
travelling expenses will not be reimbursed unless otherwise specified in the
Assignment or agreed with JI in writing.
4. You are required, when performing an Engagement or Shift, to be dressed in clean
work clothes / uniform and to be immaculate in appearance. Your hair must always
be clean and tidy, long hair should be tied up and men should be clean shaven, with
the following exceptions: a neatly trimmed moustache, goatee or beard is permitted.
You will receive more information on this during your induction. Please check our
website www.johnsonsindustries.co.uk for full details regarding uniform requirements
and conduct. If JI receives two or more complaints from Clients regarding your
appearance, JI reserves the right to suspend your use of the Services and to require
you to attend another induction session at the Flex offices to regain access to the
Services.
5. If, either before or during the course of an Engagement, you become aware of any
reason why you might not be suitable for the Engagement, you must notify JI without
delay.
6. You agree that JI may call or text you to facilitate the performance of any of your
Engagements.
7. Flexers are not authorised or permitted by JI to enter into any contracts with Clients
purporting to be made by or on behalf of JI, or to make any statements or
representations to the Client purporting to be made by or on behalf of JI and/or
receive loans or advances on wages from the Client.
10. Food Hygiene
1. JI is committed to the highest standard of health and hygiene. You will immediately
notify JI if you are suffering from an illness or condition that prevents you from
working with food. You warrant that, for the duration in which you are suffering from
any such illness or condition, you will not apply for any Assignments or perform any
Engagements or Shifts which require you to work with food.
11. Misconduct
1. The following behaviour will be regarded as misconduct which could entitle the Client
to ask you to leave the Shift/Engagement:
1. (a) Theft and/or fraud.
2. (b) Discrimination, bullying and harassment.
3. (c) The use of company facilities and equipment for personal reasons in work
time.
4. (d) Damage to property belonging to or in the possession of the Client or of
other service providers.
5. (e) Drunkenness.
6. (f) Abusive behaviour (verbal or non-verbal) physical violence or assault.
7. (g) Swearing or abusive language. Fighting at work.
8. (h) The wilful failure to follow management instructions or guidelines.
9. (i) Possession of an offensive weapon.
10. (j) Smoking in the workplace, or consumption of alcohol or drugs.
11. (k) Conduct likely to endanger persons or property.
12. (l) Failing to switch off mobile phone during your working hours.
13. (m) Any use of mobile phone outside of your designated rest breaks or for the
purposes of clocking in and out of an assignment and other assignment
related issues.
2. (n) Failure to speak English if requested by the client.
3. If you are asked to leave a Shift/Engagement for any of the behaviours identified
above, you will not be paid for the remainder of the Shift/Engagement and JI
reserves the right to terminate this contract and prevent you from using the Services.
12. Remuneration
1. You will be paid in accordance with the gross hourly rates set out in the terms of your
Engagement, as agreed between you and the Client (the “Remuneration”) subject to
deductions for income tax and National Insurance contributions in accordance with
applicable laws.
2. For the avoidance of doubt, the Remuneration shall never be less than the minimum
hourly rates set out in the laws of England and Wales from time to time.
3. In addition to the Remuneration, you will also receive holiday pay which is accrued
per hour that you work on an assignment, this is or would become due and payable
to you in accordance with applicable laws and our holiday pay claims process, again
subject to deductions for income tax and National Insurance contributions in
accordance with applicable laws.
4. Subject to your compliance with JI’s timekeeping procedures set out in clause 14,
payment of the Remuneration and the Holiday Pay will be made to the bank account
nominated by you on your Account within twenty-one days following completion of
the Engagement, regardless of whether Flex has received payment from the Client
for those hours.
5. Where, pursuant to the terms of an Engagement, the Client has agreed to reimburse
a Flexer for certain expenses (for example, food and travel), claims for such
expenses must be made within 48 hours of completing the Shift/Engagement in
respect of which the expenses were incurred. Expenses will only be reimbursed
where they are reasonably incurred and evidenced by receipts.
6. JI reserves the right to make deductions from any payments due to you from JI for
any sums owed by you to JI, including but not limited to any overpayment in respect
of previous Engagements, any other deductible expense or cost, and/or the amount
of any loss to JI resulting directly from any act of gross negligence or carelessness or
any other breach of these Community Guidelines by you.
7. Subject to any applicable statutory entitlement, you are not entitled to receive
payment from JI or the Client for time not spent working on the Engagement, whether
in respect of holidays, illness or absence for any other reasons, unless otherwise
agreed.
14. Timesheets
1. For each Shift and/or Engagement, JI requires you to submit timesheets. This is to
ensure that JI has an accurate record of the hours you have spent working and,
therefore, can correctly calculate the pay due to you. All timesheets are generated
via JI’s online platform as follows:
2. (a) at the beginning of each Shift you must “clock in” using the mobile application to
register your start time by ensuring that the Client scans the QR code found on your
booking; and
3. (b) at the end of each Shift you must “clock out” using the mobile application to
register your finishing time by ensuring that the Client scans the QR code found on
your booking.
4. If the Client is unable to scan your QR Code or refuses to do so at the beginning of
your Shift, you must contact us immediately via Live Chat.
5. If, for any reason you cannot “clock in” and “clock out” using the mobile application at
the beginning and end of a shift, JI will allow a grace period of up to four hours after
the scheduled end time of your Shift. If you fail to provide this information by the
conclusion of this grace period, JI reserves the right to suspend your use of the
Services.
6. In the event that you disagree with a timesheet, please Contact Us by visiting the
support section in the app within 48 hours of receiving your pay-slip to lodge a
dispute with JI and to state what you consider to be the correct times. JI will consult
with the Client in an attempt to resolve the dispute and will confirm the outcome to
you in writing.
7. Failure to comply with the time recording procedure at clause 14.1 may result in a
delay in making payment of the Remuneration and Holiday Pay to you as we
investigate (in a timely fashion) the hours, if any, worked by you. JI will not pay you
for hours not worked.
8. The number of hours which you are required to work will be as set out in the
Assignment. You are not obliged to work any hours in excess of those set out in the
Assignment (“Overtime”), but may agree with the Client to do so. You will receive the
Remuneration (plus Holiday Pay, if any) for any Overtime. If you incur any extra
travel expenses as a result of working Overtime you may claim these from the Client
via JI. Claims for such expenses must be made within 24 hours of completing the
Shift in respect of which they were incurred. Expenses will only be reimbursed where
they are reasonably incurred and evidenced by receipts.
15. Attendance
1. JI takes punctuality for Engagements very seriously. We encourage you to plan your
journey ahead leaving room for delay. Once you arrive report to a
manager/supervisor so you can clock in and generate a timesheet. If you are going to
be late for a Shift, please Contact Us on Live Chat so that we can notify the Client.
2. If you arrive to a Shift late, the Client is entitled to send you home and you will not be
paid for the Shift. Furthermore, if you are reported to JI as being over 10 minutes late
on two or more occasions, JI reserves the right to suspend your use of the Services
and to require you to attend another induction session at the JI offices to regain
access to the Services.
3. If you accept an Engagement which you are subsequently unable to attend, you must
notify JI immediately by cancelling the Engagement via the Service. If you cancel a
Shift or an Engagement less than 24 hours (but more than 30 minutes) before that
Shift or Engagement is due to start you will receive a “strike”. If you receive three
strikes, JI reserves the right to suspend your use of the Services and to require you
to attend another induction session at the Flex offices to regain access to the
Services.
4. JI understands that sometimes plans change and that you may need to cancel a shift
within 24 hours. You may work off your first or second strikes by completing 10 shifts
without obtaining any further strikes. If you gain three active strikes JI reserves the
right to suspend your use of the Services and to require you to attend another
induction session at the JI offices to regain access to the Services.
5. If a Shift or Engagement is cancelled by the Client, JI will take reasonable steps to
give you as much notice as possible. If a Shift or Engagement is cancelled by the
Client less than 24 hours before that Shift or Engagement is due to start, you may be
paid compensation of up to 4 hours’ Remuneration. The payment of compensation
will be determined by JI acting in its sole discretion.
6. If you fail to attend your booking without notifying JI, Flex reserves the right to
terminate this contract and prevent you from using the Services. If you cancel the
Engagement via the Service less than 30 minutes before that Shift or Engagement is
due to start, JI reserves the right to terminate this contract and prevent you from
using the Services.
16. Feedback and ratings
1. By using the Services, you agree to be given feedback by Clients to whom you have
provided services. You acknowledge that feedback will consist of ratings and reviews
left by Clients and that these ratings and reviews will be used by JI to display on your
profile publicly. JI is not legally responsible for any rating or review posted on its
services by any Users or third parties.
2. JI uses Clients’ ratings of your services provided at its discretion to decide whether to
allow you to maintain access to the platform.
17. Your rights
1. You are entitled to 5.6 weeks’ paid annual leave per year, calculated pro rata by
reference to the number of hours worked and accruing at the rate of 12.07% of the
hours worked. Holiday entitlement is accrued from your first hour of working. You will
be paid an amount in lieu of any accrued but untaken leave following the end of each
Engagement.
2. You are entitled to an unpaid rest break of at least 20 minutes during each Shift of
over 6 hours. The Client will notify you as to when you may take this (or any other)
break. Flex cannot guarantee that the Client will provide food, drink or other
refreshments, so you are advised to take your own.
3. Under Regulation 4 of the Working Time Regulations 1998 you have a right not to
work more than an average of 48 hours in any 17 week period. By using the Services
you agree that this limit on working time shall not apply to you unless you give Flex
not less than three months’ prior notice in writing that you wish to withdraw your
agreement and for the limit to apply to you.
4. Provided you meet the relevant eligibility criteria, you may be entitled to Statutory
Sick Pay. [In all cases of absence, a self-certification form, which is available from
the payroll team, contactable on info@johnsonsindustries.co.uk , must be completed
on your return to work and supplied to the payroll team
on info@johnsonsindustries.co.uk . For any period of incapacity due to sickness or
injury which lasts for seven consecutive days or more, a doctor’s certificate (a
“statement of fitness for work”) stating the reason for absence must be obtained at
your own cost and supplied to the payroll team on info@johnsonsindustries.co.uk.
Further certificates must be obtained if the absence continues for longer than the
period of the original certificate.]
5. If you are a Qualifying Flexer, you may be entitled to benefit from certain other
working conditions for the duration of the applicable Engagement.
6. Provided you meet the relevant eligibility criteria, you may be entitled to receive
statutory maternity, paternity, adoption or shared parental pay from JI. You may also
be eligible to take paid time off to attend antenatal appointments, or unpaid time off to
accompany someone to an antenatal appointment.
7. JI are committed to ensuring that all agency workers are safe whilst working on each
assignment. In the event that PPE is required in order to carry out a particular
assignment, this will be provided by JI at the request of the worker.
18. Temporary to Permanent
1. You acknowledge that JI will be able to charge the Client an Introduction Fee where
the Client or any of its Group Companies Appoints you within the Relevant Period.
2. The Introduction Fee will not be payable in the circumstances described in clause
18.1 if the Client agrees to have you supplied by JI for a further specified period, at
the end of which you may be engaged by the Client or any of its Group Companies
without further charge.
19. Termination
1. If you do not contact JI or use the online platform for more than one month, JI
reserves the right to terminate your profile from the Services and archive your profile
from JI’s online platform.
2. Flexers who are suspended from JI’s online platform or who have not accepted and
worked a Shift within a 3 month period will lose access to the incentives and perks (if
any) offered by JI under clause 29.1.
3. No notice is required from you [or JI] to terminate this agreement.
20. Confidentiality
1. In order to protect the confidentiality and trade secrets of any Client and JI and
without prejudice to every other duty you agree that you will, both during and after
any Engagement, keep confidential and not disclose to any person (except in the
proper performance of your services under any Engagement) nor use for your own
benefit or for the benefit of any third party, any Confidential Information. You also
agree that you will not, at any time, make any copy, abstract or summary of the
whole or any part of any document or other material belonging to the Client or JI
except when required to do so in the course of an Engagement, in which
circumstances such copy abstract or summary would belong to the Client or JI.
2. You agree to deliver up to the Client or Flex at the end of each Shift all documents,
ID cards, swipe cards, equipment, passwords, pass codes and other materials
belonging to the Client (and all copies) which are in your possession including
documents, any data produced, maintained or stored on the Client’s computer
systems or other electronic equipment and other materials created by you during the
Shift.
3. You must also keep confidential details concerning the presence and conduct of any
persons attending an event.
4. This clause shall not apply to any information which is in the public domain other than
through a breach by you of this or any other obligation of confidentiality, or which you
are ordered to disclose by a court of competent jurisdiction.
21. Data Protection
1. During the term of this contract, it will be necessary for JI to retain personal data and
other information about you. You consent to JI and Clients holding and processing
such personal data for legal, personnel, administrative, management and payroll
purposes. In particular, you consent to the processing of any “sensitive personal
data” as defined in the Data Protection Act 1998 relating to you, as appropriate:
1. (a) information about your physical or mental health or condition to monitor
sick leave and take decisions as to your fitness for work;
2. (b) your racial or ethnic origin or religious or similar beliefs to monitor
compliance with equal opportunities legislation; and
2. (c) information relating to any criminal proceedings in which you have been involved
for insurance purposes and to comply with legal requirements and obligations to third
parties.
Any such data processing will at all times be in accordance with the Data Protection
Act 1998 and JI recognises the importance of respecting the personal privacy of all
its Flexers.
3. You also consent to JI making such information available to the Client, JI’s Group
Companies, those who provide products or services to JI (such as advisers),
regulatory authorities, governmental or quasi-governmental organisations and
potential purchasers of JI or JI’s Group Companies or any part of its business.
4. You consent to the transfer of such information outside the European Economic Area
for purposes connected with the performance of these Community Guidelines.
22. Personal Possessions
1. Neither JI nor Clients will be responsible for your personal belongings. Please ensure
that you keep your personal possessions secure. You are advised not to take any
items of
23. Security
1. If you have accepted an Engagement which requires security clearance JI reserves
the right to pass on necessary details to the relevant authorities. By using the
Services you agree to provide a photograph of yourself which may be used for
security clearance purposes.
24. Photographs
1. In addition to providing a photograph for the purposes of security, by using the
Services you also agree that you allow photographs of your profile and any photos
and video footage of Engagements at which you have worked to be published on JI’s
website and used in other marketing materials which may be produced by JI.
25. Equal Opportunities
1. It is JI’s policy to ensure that no Flexer or Client receives less favourable treatment
on the grounds of race, sex, disability, age, sexual orientation, religion, belief or
ethnic or national origin. If you fail to adhere to this policy, JI reserves the right to
terminate this Contract.
26. Immigration and Asylum Act
1. JI is obliged to confirm that you have the legal right to work in the UK. Your use of the
Services is subject to and conditional upon your being at all times eligible to work in
the UK and your providing evidence, satisfactory to JI, of your entitlement to work in
the UK. You shall notify JI immediately if you cease to be entitled to work in the UK.
You must cooperate with any checks that JI is obliged to make to confirm your
continuous permission to work in the UK. This Contract will be terminated if at any
stage you lose your right to work in the UK.
27. Liability
1. Nothing in these Community Guidelines limits or excludes our liability for: (i) death or
personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other
liability that cannot be excluded by law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations
or other terms which may apply to the Service or any content on it, whether express
or implied.
3. We will not be liable to you for any lack of performance, or the unavailability or failure
of the Service or our services, or for any failure by us to comply with these
Community Guidelines, where such lack, unavailability or failure arises from any
cause reasonably beyond our control. In no event shall we be liable for any claim,
damage, or loss which may be incurred by you as a result of any of your transactions
involving our Service (including your participation in any of the Engagements). Any
liability we do have for losses you suffer is strictly limited to the monies that we have
received from Clients in connection with your Engagements. We are not responsible
for any loss or damage that is not foreseeable at the time when you begin using the
Service.
4. If you are a consumer, you are entitled to various statutory warranties (including, for
example, that any service is carried out with reasonable care and skill, and any digital
content provided is of satisfactory quality). Nothing in these Community Guidelines
shall have the effect of excluding or limiting those statutory warranties that may not
be excluded or limited by law.
5. Flexers engaged via the Service perform the Engagements under the direction and
control of the Client. Flex provides matchmaking and platform services only and you
agree that JI has no responsibility for any other aspect of service delivery or
interaction between Flexers and Clients.
28. Indemnity
1. Flexers hereby acknowledge and agree to indemnify and keep indemnified FJI, each
of JI’s Group Companies and each of its and their officers, directors, agents and
employees against any claim or demand, including legal fees and costs, made
against us by any third party due to or arising out of their negligence,
misrepresentation or breach of these Community Guidelines, or their infringement or
alleged infringement of any law or the rights of a third party in the course of using the
Service.
2. JI can apply any funds owed to you against any liabilities you owe to JI or loss
suffered by JI as a result of your non-performance or breach of these Community
Guidelines.
29. Flexer Incentives
1. Flexer may, in its absolute discretion from time to time, make certain incentives
and/or perks available to Flexers. JI may vary, suspend or discontinue any such
incentives or perks at any time.
30. Dispute between Flexers and Clients
1. You acknowledge and agree that in the event that a dispute arises between you and
any Client in relation to any Assignment/Engagement/Shift you will Contact Us by
visiting the support section in the app before taking any action.
31. Other Important Terms
1. In the event of conflict between these Community Guidelines, the JI+
Agreement/Service Level Agreement (if applicable) and the Indeed JI Privacy Policy,
the following order of precedence shall apply: (i) the JI+ Agreement/Service Level
Agreement (if applicable); (ii) these Community Guidelines; and (iii) the JI Privacy
Policy.
2. If any provision or part-provision of these Community Guidelines 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 Community Guidelines.
3. Nothing in these Community Guidelines is intended to, or shall be deemed to,
establish any partnership or joint venture between JI and any Flexers, constitute
either JI or any Flexer the agent of the other, or authorise either JI or any Flexer to
make or enter into any commitments for or on behalf of the other.
4. This contract is between you and JI. Save for JI’s Group Companies and the officers,
directors, agents and employees of JI and its Group Companies upon which rights
are conferred by these terms (and who may enforce those rights directly against
you), no other person has any rights to enforce any of its terms.
5. You may not assign, sub-licence or otherwise transfer your rights or obligations
under these terms to anyone else. You agree that we may assign or transfer any of
our rights or obligations under these terms.
6. If JI delays exercising or fail to exercise or enforce any right available to it under
these Community Guidelines, such delay or failure does not constitute a waiver of
that right or any other rights under these Community Guidelines.
7. JI may suspend, withdraw, discontinue or change all or any part of the Service
without notice.
8. These Community Guidelines, together with any documentation referenced within
them, constitute the entirety of the agreement between you and JI.
9. Any notice or other communication given to a party under or in connection with these
Community Guidelines shall be in writing and shall be (i) delivered by hand or by pre
paid first-class post or other next working day delivery service at its registered office
(if a company) or its principal place of business (in any other case); or (ii) sent by
email to the address specified in the Flexer’s Account. Notices will be deemed given
24 hours after the e-mail is sent (if sent by email) or the third day after the date of
mailing (if sent by post).
10. These Community Guidelines, and any contract between you and JI, are in the
English language. The contract between us shall be governed by and interpreted in
accordance with English law and the courts of England and Wales shall have
exclusive jurisdiction to resolve any disputes between us.
32. Contacting Flex
Flex’s office is located at Hambrook Street, Portsmouth, PO5 3BS. The office is open
Monday to Friday from 9.30 AM – 6:00 PM by appointment only. Please feel free to
contact us by visiting the support section in the app.
