agency worker contract


These terms apply for use of the “Isla Stewart” work placement platform by You to connect You with shifts in hospitals, care homes and other care provider environments (“Shifts”) that are placed on Isla Stewart by RealCare+ Limited (“RealCare”) and other employment agencies from time to time.

These terms and the schedules will apply to all Your work on Shifts and work undertaken by RealCare to assist to place You in the Shifts chosen by You. In this respect, RealCare is acting as an employment business under the Employment Agencies Act. These terms apply to Shifts and work provided to You in England, Wales & Scotland and whether you undertake Shifts in the NHS or in a private healthcare environment.


  1. “Isla Stewart” is a software platform to help nurses who have registered their details on Isla Stewart to find Shifts and request to work them via employment agencies. By registering on Isla Stewart You agree to use Isla Stewart for this purpose. 
  2. Isla Stewart is not an employment agency and does not engage or place staff.
  3. When You register on Isla Stewart the information You provide will be passed to RealCare for it to verify Your identity, qualifications, credentials, training and experience, Your union membership and your right to work as a nurse, “Your ID”. By using Isla Stewart You agree to Isla Stewart as a processor and RealCare as a data controller processing Your ID and retaining it. 
  4. Your ID will be processed according to the Isla Stewart Privacy Policy and RealCare’s data and privacy policy .You can ask Isla Stewart and/or RealCare to stop processing Your ID at any time, but then You will not be able to register for Shifts.
  5. You agree and acknowledge that Isla Stewart does not validate or credential any details You supply or any information about Shifts it advertises.
  6. You are responsible for ensuring Your ID is correct and up to date and You warrant that Your ID is true, accurate and not misleading. 
  7. You are responsible for ensuring that You have relevant and current training and, experience for the Shift You apply for.  
  8. When You apply for a Shift, You will let RealCare know if You have worked for the same Operator in the last 5 years.
  9. You are responsible for maintaining the security of Your Isla Stewart login and You agree that You will not share Your login with anyone else and to keep it secure.
  10. You agree that You will use Isla Stewart as it is intended; to assist nurses to locate work in the NHS or in a private healthcare environment and for those Shifts to be filled promptly, accurately and according to usual onboarding requirements for nurse provision. 
  11. If You feel Your login is no longer secure or You have suffered a data breach, You must notify Isla Stewart as soon as possible. 
  12. Isla Stewart can disable Your access or deleted login details if, in its absolute discretion, it feels You are not using Isla Stewart as intended.
  1. Nature of Shifts & Working with RealCare
  2. Isla Stewart provides details of available Shifts and details of the location, timeframe, grade, qualifications and skills requested by operators of hospitals, care homes and other care provider environments (“Operators”). 
  3. RealCare is an employment business it does not charge You for finding work for you. RealCare does not provide any other goods or services for which you may be charged a fee. RealCare charges fees to Operators for placing You in Shifts they need to fill. 
  4. Shifts will be advertised on Isla Stewart  and You can apply to work those Shifts via Isla Stewart. You agree to ensure You have the appropriate qualifications and skills for the Shift You request.
  5. You agree that RealCare will undertake such identify checks and verification of Your ID and right to work as is necessary to fulfil NMC Guidelines.
  6. RealCare will confirm to You that a Shift You have requested to work is available and You are qualified for it and You are then free to accept or decline to work that Shift. If You do accept a Shift, You agree to observe the standards of work and health and safety obligations below.
  7. If an Operator cancels a Shift before it has started, RealCare will advise You as soon as possible by telephone, text and via Isla Stewart.
  8. If You have applied to work a Shift but are unwell, not able to work, You have changed Your mind or have taken alternative work, please notify RealCare as soon as possible. 
  9. If You do not attend for a Shift, You will not be paid for it irrespective of the reason for non-attendance. This is because RealCare will have had to re-fill that Shift and pay someone else to work it. 
  10. Cancelling Shifts You have booked causes RealCare and Isla Stewart significant inconvenience, so if you cancel 3 booked Shifts, RealCare may refuse to  place You in a Shift you have requested and Isla Stewart may suspend Your access to the Platform. If Your access is suspended You can apply for re-submission.
  11. When you work a Shift, You are engaged as a self-employed worker and not under a contract of employment with RealCare or the Operator. 
  12. RealCare will retain information about the number of hours worked by You for health and safety reasons and for compliance with current working time legislation. Your work hours will also be logged on Isla Stewart to help You to complete Your revalidation when this becomes due.
  13. RealCare does not guarantee continuous work and is under no obligation to offer you further assignments. No contract exists between You and RealCare in periods between agreed Shifts, other than in relation to retention of Your ID. 
  14. RealCare or an Operator may withdraw or end a Shift at any time without prior notice or liability. 
  15. Payment
  16. RealCare reasonably expects to achieve a minimum of £9.00 [HCA]for each hour worked in a Shift from the Operator. The amount RealCare will pay You per hour for Shifts may be more or less than this and RealCare will notify You of the amount You will receive per hour when it confirms availability of a Shift with You. 
  17. Isla Stewart does not take or process any payments in relation to Shifts.
  18. You will only be paid for Shift when you have submitted a completed timesheet in respect of it. You will however be paid in respect of work done regardless of whether or not RealCare receives payment from the Operator.
  19. If You are asked to work a shift directly by an Operator it is Your responsibility to ensure that You are provided with a booking reference code for that shift, failing which You will not be able to submit a timesheet in respect of that work and even if You do, RealCare will not be able to reconcile the work You have done without a booking reference and therefore cannot pay You for that work.
  20. If You work Shifts with an Operator for 12 or more weeks, You will become entitled to equal treatment under the Agency Workers Regulations 2010 with regards to pay. When this happened, RealCare will advise You separately of the relevant rates and holiday. Please note that equal treatment does not relate to all aspects of pay.
  21. Payment will be made fortnightly in arrears by bank credit transfer following submission by You to RealCare of a properly completed time sheet for each Shift worked. Non-submission or incorrectly completed documentation may result in delayed payment. 
  22. Although You are a self-employed worker, RealCare may make statutory deductions from pay such as for income tax, NI and pension contributions if You have opted-in for PAYE. If You have not opted-in or use an umbrella company (ie IR35 applies to You), You will remain responsible for payment of Your own PAYE, NI and pension contributions.
  23. RealCare will make payment to the bank account details You provided to it, unless You provide alternative bank details in writing and RealCare may confirm this with You in person via video call. 
  24. RealCare does not operate a contractual sickness/injury payment scheme for agency workers and You will only be paid for Shifts actually worked and completed.
  25. Queries regarding payment should be raised with RealCare as soon as possible after You are paid.
  1. Health & Safety and Standards at Work
  2. Under Health and Safety legislation each individual has a legal responsibility for their own welfare and for the health and safety of others. You must take all reasonable steps to safeguard your own safety and the safety of any other person who may be present and comply with the health and safety policies of any Operator You work a Shift for. 
  3. On attending an Operator’s place of business or healthcare environment, you will observe any specific instructions given regarding standards of dress. Where no specific instructions have been given, or no uniform is or will be provided, you should present professional image and wear clothes appropriate to the responsibilities of the Shift. You must wear a current ID BADGE on all Shifts.
  4. You will familiarise yourself with and observe any rules and regulations of the Operator, particularly with regard to use of any computer equipment, client telephones and personal mobile phones.
  5. You will co-operate with the Operator’s staff and accept the direction, instruction and supervision of any responsible person indicated as such to you by an Operator or during a Shift. You will not engage in any conduct detrimental to the interests of the Operator or RealCare or Isla Stewart. 
  6. Any area or issue of concern regarding Health & Safety or standards at work or any incident of note, should be reported to RealCare as soon as possible to support You to address it.
  7. You should keep notes of Your Shifts in Your reflective practice journals.
  8. You can use, print download and copy any of the blogs on Isla Stewart for Your own reference, training and reflective practice purposes.
  9. You will not at any time divulge to any person, nor use for your own or any other person’s benefit, any confidential information relating to the Operator’s or RealCare’ transactions, finances, patients, employees or business affairs. This obligation does not apply to “Whistleblowing.”
  1. Statutory Annual Leave
  2. As soon as You work with RealCare You will accrue leave:
  3. You are entitled to 5.6 weeks paid annual leave inclusive of Public/Bank   Holidays. This is shown on your pay statement as “accrued holiday pay”.  
  4. Leave is calculated at the rate of 12.07% of your hourly pay rate;
  5. Annual leave must be taken in the leave year it is accrued. You may not “carry over” annual leave into a subsequent leave year. 
  6. You will not be entitled to any additional payment for bank holidays or public holidays unless You choose to work them as part of a Shift request.
  7. When You request to be paid accured holiday pay, You will be paid within 21 days of that request.
  1. Equal Opportunities and Complaints about Discrimination or Harassment
  1. Please see our Equal Opportunities Policy. RealCare is committed to the principle of equality regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Policies will be applied that are fair, equitable and consistent with skills and abilities. You have a duty to support RealCare in implementing these policies to ensure equality of opportunity.
  2. If You believe you are the victim of any discrimination or harassment you should first make it clear to the discriminator/harasser that their behaviour is unwelcome and ask them to stop.  If You feel unable to do this, or if this approach fails, or if the discrimination/harassment is more serious, You should discuss the matter with a senior employee of RealCare, who will endeavour to address the matter for You.
  1. Using the Isla Stewart Platform 
  2. Where Isla Stewart provides links to third party sites, information and resources it does so for the purposes of information and interest only and it has not verified the accuracy of the content. Use of those third-party sites and resources will be subject to their terms and conditions and not to these ones. Provided for your information only. Such links should not be interpreted as approval 
  3. Isla Stewart does not guarantee that the platform will always be available or that it is provided without defects, bugs or viruses. Isla Stewart will do what’s commercially reasonable to maintain uptime and any data stored on the platform, but You agree that You are responsible for keeping copies of any information on the Platform and for keeping Your ID and devices You us to access Isla Stewart secure. 
  4. You agree that You will not misuse Isla Stewart and that You will not troll, flame, abuse or in any way behave in any way Isla Stewart considers unacceptable. You will not introduce any malicious code or attempt to circumvent or reverse engineer Isla Stewart.
  5. Isla Stewart and RealCare exclude and limit certain liability for losses You suffer as a result of using Isla Stewart. Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded by law, such as liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation. The total aggregate liability of Isla Stewart and RealCare in respect of any breaches of this contract shall not exceed the amount You have received in payment for Shifts in the 12 months prior to the breach.
  6. Neither Isla Stewart nor RealCare is liable for any accidents or injuries occurring in the workplace of an Operator. The liability for these is covered by the Operator.
  7. Isla Stewart and RealCare are not liable for any losses You suffer arising from loss of anticipated earnings, loss of goodwill, loss or damage to data, indirect or consequential loss or similar. Nor are they liable for any misrepresentation, act or omission of an Operator (including inaccurate or incomplete information regarding Shifts). 
  8. By using Isla Stewart, you agree to indemnify, defend and hold Isla Stewart and RealCare (and their respective directors and employees) harmless from and against any and all claims, losses, expenses or demands of liability, including reasonable legal and other professional fees and costs (including VAT) incurred by them in connection with any claim made in consequence of inaccuracies of falsehoods in Your ID and/or work undertaken by You during a Shift.
  1. Other Legal Matters
  2. These terms are entered into between You, Isla Stewart and RealCare.  No other third parties have rights under them. 
  3. Any changes to these terms will be notified to You in writing in advance and will take effect 7 days later. 
  4. Any notices to You will be sent to the email address You have provided. If this changes, You must notify RealCare and update Your profile on Isla Stewart.
  5. If any part of these terms is not enforceable or is deemed to be illegal by a Court, it will be changed to make it compliant and the rest of the terms will remain in force.
  6. A delay in enforcing any of the rights under these terms is not a waiver of claim and will not preclude action for breach later.
  7. Several small or persistent breaches may be considered material and result in termination of these terms and access to Isla Stewart. 
  8. These terms and any document expressly referred to in them are the entire agreement between You, Isla Stewart and RealCare in relation to use of the Isla Stewart platform and placement of You in Shifts by RealCare. 
  9. These terms are governed and will be construed by the laws of England & Wales and the English Courts shall have exclusive jurisdiction over any dispute arising under them.

By clicking accept I confirm that I have read and understand the conditions relating to my engagement and agree to my personal details being retained by RealCare for the purpose of allocating Shifts to me. I understand that this engagement, and any future Shifts will not indicate an employment relationship between RealCare and myself or with Isla Stewart.