Performer’s Contract
Each performer working for or on behalf of Unison Entertainment Limited should have provided a signed copy of the performer’s contract. If you have not provided this, please contact a member of the team as soon as you can. A copy of the contract which is signed and applies to all members of the team is copied below for your ease of reference.
Unison Entertainment Limited cannot always predict the exact staffing levels it will require. The Company therefore requires casual workers because of the fluctuating demands of the business and it is entering into this agreement to record the terms on which the working relationship is entered into.
This letter is a statement of the terms of your engagement as a worker as required by section 1 of the Employment Rights Act 1996. You have the status of a worker and are not an employee. This means that you may not have the same terms and conditions, protections, or obligations as someone who works as an employee.
PARTIES
(1) UNISON ENTERTAINMENT LIMITED of Suite 2.45 (CCR3), Innovation Centre, 1 Ainslie Road, Hillington Park, Glasgow, G52 4RU (The “Company”)
(2) [**]
1. Status of this agreement
1.1. This contract governs your engagement from time to time by The Company as a casual worker. This is not an employment contract and does not confer any employment rights on you. In particular, it does not create any obligation on The Company to provide work to you and you will work on a flexible, "as required" basis.
1.2. It is entirely at The Company's discretion whether to offer you work and it is under no obligation to give any reasons for its decision to offer or not offer work.
2. No presumption of continuity
2.1. Each offer of work by The Company which you accept (an assignment) shall be treated as an entirely separate and severable engagement. The terms of this contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.
2.2. The fact that The Company has offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.
3. Start date
3.1. The date of singing of this agreement shall constitute the start date of your engagement with The Company.
4. Arrangements for work
4.1. No probationary period applies to your contract.
4.2. The precise description and nature of your work may be varied with each assignment and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each assignment.
4.3. If you accept an assignment, The Company will expect you to complete the assignment.
4.4. If you will not be able to complete an assignment for any reason you must inform The Company immediately.
4.5. If The Company needs to cancel the assignment, it will notify you as soon as reasonably practicable.
4.6. The Company is not liable for any loss or damage to equipment; this is your responsibility.
4.7. You are responsible for your own Public Liability Insurance.
4.8. You are responsible for PAT testing your own equipment.
4.9. You will not pass alternative or personal booking details to existing or prospective clients.
5. Place of work
5.1. The Company may offer you work at various locations. You will be informed of the relevant place of work for each assignment.
6. Hours of work
6.1. You have no normal hours of work and you will be required to work on an "as required" basis. Your hours will vary according to the needs of The Company and your availability to work.
6.2. The Company will notify you of the days and hours that you will be required to work in advance of each assignment. The Company is under no obligation to provide you with work, or to provide you with a minimum number of hours work each day or week.
7. Working time opt-out
7.1. Please complete the form attached to confirm whether you wish to opt out of the 48-hour limit on a week's work. If you do not opt out, The Company must ensure that it does not offer you work which would result in you working for more than 48 hours in any week. If you do not opt out, you must keep The Company informed of the hours that you work for third parties so that it can comply with this obligation.
8. Pay
8.1. Not all assignments will necessarily be paid assignments.
8.2. For paid assignments, you will be paid an amount agreed in consideration of each assignment.
8.3. You will only be paid for the assignments which you complete.
8.4. The Company is not responsible for any tax and national insurance contributions payable by you to any relevant third party.
8.5. The Company shall be entitled to deduct from your pay or other payments due to you any money which you may owe to The Company at any time.
9. Paid leave
9.1. You are not entitled to any paid leave.
10. Training
10.1. You may be required to attend training or rehearsals.
11. Company handbook
11.1. During each assignment you are required at all times to comply with the relevant Company rules, policies and procedures in force from time to time.
11.2. A non-exhaustive list of The Company rules are set out in the handbook the end of this agreement.
12. Confidential information
12.1. You shall not use or disclose to any person, either during or at any time after your engagement by The Company, any confidential information about the business or affairs of The Company 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 The Company or any of its business contacts.
The restriction in this clause does not apply to:
(a) prevent you from making a protected disclosure within the meaning of section 43A of the ERA 1996; or
(b) use or disclosure that has been authorised by The Company or is required by law or in the course of your duties.
13. Intellectual Property
13.1. The definitions in this clause apply to any Intellectual Property Rights or Inventions created, developed or obtained during the course of business or whilst working for or on behalf of Unison Entertainment.
13.2. Definitions:
Intellectual Property Rights: patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Inventions: inventions, ideas and improvements, whether or not patentable, and whether or not recorded in any medium.
13.3. You acknowledge that all Intellectual Property Rights subsisting (or which may in the future subsist) in all such Inventions and works shall automatically, on creation, vest in The Company absolutely.
13.4. To the extent that they do not vest automatically, you hold them on trust for The Company. You agree promptly to execute all documents and do all acts as may, in the opinion of The Company, be necessary to give effect to this.
14. Company property
14.1. All documents, manuals, hardware and software provided for your use by The Company, and any data or documents (including copies) produced, maintained or stored on The Company's computer systems or other electronic equipment (including mobile phones), remain the property of The Company.
14.2. Any Company property in your possession and any original or copy documents obtained by you in the course of your work for The Company shall be returned to The Company at any time on request and in any event at the end of each assignment.
15. Changes to terms and conditions and termination
15.1. If you no longer wish to be considered for casual work by The Company you should inform Company as soon as possible.
15.2. The Company may reduce its requirement for casual workers from time to time and/or may update the terms on which it offers such work. In the event of any such changes The Company may terminate this contract with immediate effect by giving notice in writing to you. In the event of any changes to the terms on which it is prepared to engage such workers, you may, at The Company's absolute discretion, be offered a new contract for casual work.
15.3. The Company may terminate this contract immediately by giving notice in writing to you if it reasonably considers that you have committed any serious breach of your obligations or committed any act of gross misconduct. Non-exhaustive examples of gross misconduct include dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring The Company into disrepute.
15.4. For the avoidance of doubt, on the termination of this contract (howsoever caused) you will not be entitled to any further payments from The Company.
16. Disciplinary and grievance procedures
16.1. There are no disciplinary and grievance procedures applicable, but if you are dissatisfied with any decision to terminate this contract or you are unhappy with another aspect of your work or the working relationship then you should contact the Director(s) of The Company.
17. Pensions
17.1. You are not eligible to be enrolled in a pension scheme.
18. Collective agreements
18.1. There is no collective agreement which directly affects your engagement as a worker.
19. Totality of terms
19.1. This contract is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a casual worker by The Company it shall be regarded as a true, accurate and exhaustive record of the terms on which we have agreed to enter into a work relationship. Any variation to this contract will only be valid where it is recorded in writing and signed by both parties and no additional or modified terms should be implied by any other actions of you or The Company. You confirm that you have read and understood the contents of this document.
SCHEDULE 1
Personal information sheet
The Company is unable to offer you any work until it has received this information sheet from you.
Personal information
Name:
Address:
Mobile number:
E-mail address:
Who do you wish us to contact in an emergency?
Name:
Contact details:
Bank account information
Account name:
Name of bank:
Account number:
Sort code:
SCHEDULE 2
Working time election form
Please tick one of the boxes below and sign and date this form. Completed forms should be returned to The Company. We are unable to offer you any work until we have received this form.
[ ] I wish to opt-out of the 48-hour working week restriction under the Working Time Regulations 1998.
You may terminate this agreement by giving three months' written notice at any time.
[ ] I do not wish to opt-out of the 48-hour working week restriction under the Working Time Regulations 1998.
Signed:
Dated:
SCHEDULE 3
Our handbook
Company rules and requirements
Working with Unison Entertainment should be more than just a contractual relationship. We want to build an ethos which centers around teamwork, integrity and growth. Given the ‘gig’ nature of our industry, companies like ours could work with anyone. Instead, we choose to work with you. ‘Our people’ are people who align with our values as an organisation.
When you come on board with Unison Entertainment, you join the team. By working cohesively, we maximise potential.
The list below is not exhaustive but it gives a sense of who we are and what we look for. You can expect the following from from everyone in the team:
• Team members are proud of the brand they represent and of the colleagues they work alongside.
• Team members conduct themselves in a manner which helps to build the overall reputation of Unison Entertainment.
• Team members support each other and will always present a consolidated front to clients.
• Team members are punctual, organised and timely.
• Team members ensure they are well presented.
• Team members display competency and professionalism at every stage of client interaction.
• Our team considers the work done behind the scenes to be just as valuable as the performance itself.
• Team members work cohesively to maximise potential.
Please indicate your acceptance of these terms by signing and returning to us the attached copy of this letter.
Yours faithfully,
Director
On behalf of Unison Entertainment Limited
I hereby acknowledge receipt of, understand and accept the binding agreement detailed above, my elected status in Schedule 2, the company handbook enclosed in Schedule 3 and all other contents of this letter.
YOUR NAME:
Signed ………………………………………………
Date …………………………………………………