Umbrella Employment Contract FAQs
What is the purpose of the Umbrella Employment Contract?
When you join or rejoin SmartWork Umbrella, you receive this general document for signature. Its purpose is to serve as the overall agreement between you and SmartWork, functioning in the background.
Why does the contract not include details of my assignment?
Many clauses in this document contain the information needed to meet UK employment law requirements and qualify as an employment contract. However, it is important to note that this document will not provide specific information regarding your assignment. Instead, you can find this information in your Agency/Assignment Contract and/or the Assignment Details email that will be sent to you by our Contracts Team.
Who do I report to?
While you are employed by SmartWork, remember that during your assignment, you will report to your line manager.
Why are my employment and contract start dates different?
The commencement date of your employment package is the day you enrolled with SmartWork, not the day your assignment started. Once we receive your assignment details from your agency, we will provide the precise start date for your specific assignment.
Why does the contract say I’ll be paid minimum wage?
The contract says you’ll be paid in accordance with the National Minimum Wage and Additional Taxable Pay (ATP). The ATP is directly linked to your actual pay rate for the specific assignment.
There are two reasons for dividing your earnings in this manner. Firstly, it ensures you receive at least the minimum wage and holiday pay for all assignments undertaken through SmartWork. We document this division in our employment contract to demonstrate compliance with this requirement.
Secondly, this approach allows us to use a comprehensive employment contract for any assignment you undertake through SmartWork. This is also reflected in your payslips, which you can access through the SmartPortal.
We will confirm the specific rate for each assignment in your assignment schedule, which we will provide once we receive the necessary information from your agency.
What is the restriction clause about?
The non-compete clause in our contracts between umbrellas and agencies is a standard practice. It prohibits you from approaching the end client or any customers you have worked with during your employment or for a certain period after your employment ends. This ensures the agency is not cut out of the agreement.
However, if your agency has given you permission to work directly with the end client or if there is an existing agreement, then this clause does not apply. If you are considering this action, discuss it with your agency. If a similar clause is not found in the assignment contract or master agreement, the restrictive covenant will not apply to your assignment.
Who owns the intellectual property created on-site?
IPR refers to the exclusive rights granted to individuals over their creations, including copyright and trademark rights. This concept is common in contracting arrangements, such as working through an umbrella company.
Our agreement with the agency reflects this clause, and we expect the agency to have a similar agreement with the end client. As a result, the end client retains the IPR for any work created on-site.
It is important to note that this clause does not apply to any business or work conducted outside of your assignment with SmartWork. SmartWork does not intend to extend this clause to cover such activities.
Why do I need to check in with you regularly?
When working with SmartWork, you should actively pursue assignments for yourself. Therefore, reaching out once a month during inactivity confirms, as a courtesy, that you are still interested in using our services.
What is the notice period if I want to leave SmartWork?
To end your contract or close your account, you can follow a few simple steps. You don’t need to give notice to terminate your employment with SmartWork.
As long as there are no ongoing payments to you, we can usually close your account within five working days. However, if we are processing your payroll, we must wait until you receive your payment. Once you leave SmartWork or request your P45, your employment with us will end, and we will no longer be able to process your payroll.
Please note that your notice period with SmartWork differs from the period required to terminate your assignment. Ending your assignment does not automatically terminate your employment with us.