48 Hours Opt Out Agreement
For use with Terms of Engagement of Nursing/Healthcare Staff
Definitions
In this Agreement the following definitions apply:
Client
means the person, firm or corporate body engaging the services of the Worker
Employment (Nursing) Business
means HMR Care,
Unit 15 New Fields Business Park, 2 Stinsford Road, Poole, Dorset, BH17 0NF
Nurse/HCA
Name: ___________________________
Working Week
means an average of 48 hours each week calculated over a 17 week reference period.
References to the singular include the plural and references to the masculine include the feminine and
vice versa.
The headings contained in this Agreement are for convenience only and do not affect their
interpretation.
Assignment
means the period during which the Nurse/HCA is engaged to render services to the Client
Restrictions
- The Working Time Regulations 1998 provide that the Nurse/HCA shall not work on an Assignment(s) with the Client(s) in excess of the Working Week unless she agrees in writing that this limit should not apply
Consent
- The Nurse/HCA hereby agrees that the Working Week limit shall not apply to the Assignment(s)
Withdrawal of Consent
- The Nurse/HCA may end this Agreement by giving the Employment (Nursing) Business one weeks notice in writing.
- For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by the Nurse/HCA of an Assignment with a Client
- Upon the expiry of the notice period set out in clause 4.1 the Working Week limit shall apply with immediate effect
The Law
- These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Court of England & Wales