Terms & Conditions

Gophr Limited

Spitalfields House 

1st Floor, Stirling Way 

Borehamwood 

WD6 2FX

Written statement of particulars pursuant to section 1 of the Employment Rights Act 1996 

This agreement is between you and Gophr Limited (‘we’ or ‘us’) and sets out the terms on which you have agreed that you will provide your occasional services as a courier.

Please note that this is not a contract of employment and it does not give you any employment rights, other than those to which workers are entitled.

1. Your start date

1.1. Your engagement under this agreement will start when you first carry out services for us under this agreement and will continue until either you or we give notice of termination (‘Term’).

1.2. Your engagement is not subject to a probationary period and there are no collective agreements directly affects the terms and conditions of your engagement.

2. No minimum amount of work

We are not obliged to provide any work for you to do during the Term. By entering into this agreement, you acknowledge that:

2.1. We offer no guarantee of any work at any time, or any minimum amount of work;

2.2. You will work on an ‘as required’, flexible basis; and

2.3. It is intended by both parties that, unless we have notified you that we would like you to work on a given day or days during the Term and you have accepted that offer, we are not obliged to provide work for you, and you are not obliged to do the work offered (in other words there is no ‘mutuality of obligation’).

3. Our discretion to offer you work

We have complete discretion whether to offer you work during the Term. We are entitled to give or refuse to give work to any person on this type of agreement at any time and will not give reasons for our decisions.

4. What do you need to work for us?

4.1. It is a condition of any offer of work by us, at any time, that you have:

a) the right to work in the United Kingdom;

b) no unspent criminal records(s); 

c) a roadworthy vehicle or bicycle; 

d) a driver’s licence valid in the UK (although this is not required for a bicycle or cargo bicycle); 

e) hire and reward insurance, and goods and transit insurance of at least £5,000; and

f) a mobile device to access the Gophr App.

4.2. You are required to provide documentary evidence to us of items a), b), d) and e) above.  We may terminate this agreement, and any scheduled period of work, at any time, without notice, if you do not meet the above criteria.  

4.3. We may require you to wear Gophr branded clothing or items, which we will supply to you at our cost.  Such clothing or items and anything else we provide you with for your work remains our property and must be returned to us upon request.

5. How do you accept work? 

5.1. Offers of work posted by our customers are sent to you via our mobile device application (‘the Gophr App’).  Each offer will include the amount you will be paid (subject to the provisions of clause 8), the amount of rolled-up holiday pay you will receive (subject to the provisions of clause 9), the size and weight of the item, the collection point and the drop off point.

5.2. You do not have to accept any work offered by us at any time and you will not be penalised if you do not accept any work.

5.3. Once you have accepted an offer of work, you must carry out the work yourself, unless we agree that you do not have to carry it out or you are able to re-assign it to another courier engaged by us with their agreement.  For the avoidance of doubt you are not allowed to ask another person or substitute to carry out the work for you or on your behalf.   

5.4. You must keep us and the customer informed of your progress during deliveries and your compliance with any requirements of the deliveries via the Gophr App.

5.5. After you accept work on the Gophr app you are free request to be unassigned from the work without penalty for 12o seconds or up to 2 hours before the earliest pickup time. After this period a £3 (Gross) administration fee will apply.

6. Where will you work? 

Your place of work will depend on the collection points and drop off points of the items you choose to deliver.  You are not required to work outside the United Kingdom.

7. When will you work?

7.1. Your hours of work will depend on the items you choose to deliver, so your hours are variable and could be on any day of the week.  If you accept work which is shift work it will set out the start and end of the shift.

7.2. You are entitled to a 20-minute unpaid break during any period of work where you work more than six hours in one day.  

7.3. The Working Time Regulations 1998 impose a limit on your working time. The precise calculation of the limit is complicated but, in broad terms, your average working time is limited to an average of 48 hours a week. By agreeing to this Agreement, you confirm that you wish to opt out from the limit on working time so that your working time may exceed an average of 48 hours a week.  

7.4. You have the right to change your mind and end your opt out by giving us three months’ written notice. We may also end your opt out by giving you not less than seven days’ notice.  If your opt out ends, and as you may be working for third parties, as well as for us, you must a) provide us with details of all hours that you work for third parties and b) notify us in advance if you are close to working 48 hours in any week, so that we can ensure you do not exceed the 48-hour limit.

8. Your pay and expenses

8.1. Subject to clause 8.2, we will pay you the amount shown in the offer of work when you accept it in the Gophr App.  Payment will be by weekly bank transfer.

8.2. In the event that the amount shown in the offer of work (i.e. exclusive of holiday pay and, if applicable, pension contribution) is less than the sum of A and B the amount paid to you shall be increased so that it is no less than the sum of A and B, where:

A is the applicable NMW hourly rate multiplied by the sum of the following: 

• time you spend at pick up plus the time spent at delivery (as tracked by the app); and 
• 1.2 times the direct driving time between pick up and delivery; and 

B is the direct driving distance in miles between pickup and delivery multiplied by the HMRC approved mileage rate for the relevant vehicle.

8.3. If you accept an offer of work and the customer cancels a delivery the following will apply to the amount shown in the offer of work when you accepted it in the Gophr App:

The customer cancels more than 60 minutes before the earliest collection time	No payment
The customer cancels less than 60 minutes before the earliest collection time	30% will be paid to you up to a maximum of £25
If you have agreed to deliver the item and you have collected it	60% will be paid to you up to a maximum of £35
If you have collected the item and you are on the way to the delivery point	Between 60% and 100% depending on how much distance has been covered (on a linear scale).
If you are at delivery and have tried to contact the recipient	100%

 

8.4. If you are required to wait at a collection or delivery point for more than 10 minutes you will receive payment for every additional full minute waited.

8.5. You will be entitled to holiday pay, calculated and paid in accordance with clause 9 below.

8.6. We will make all necessary deductions from payments made to you as required by law, including pension contributions if applicable. You agree that we are entitled to deduct from your remuneration, and any other payments due to you, any money that you may owe us from time to time.

8.7. You are not entitled to any pay in the event of incapacity for work due to sickness or injury, nor are you eligible for any other paid leave.

9. Your holiday pay

9.1. We will pay you holiday pay weekly at the rate of 12.07% of the amount set out in clause 8.1 of this Agreement, which is the equivalent of you receiving up to 5.6 weeks paid holiday per year.  

9.2. Since you will be receiving rolled-up holiday pay, you will not receive any holiday pay during periods when you actually take holiday.  You have the right to take up to 5.6 weeks holiday in each holiday year (which runs from January to December) on dates of your choosing, calculated on a pro rata basis depending on the number of hours that you work.  We reserve the right to require you to take holidays on particular dates.   

10. Your pension

10.1. If you are eligible, we will enrol you automatically into an occupational pension scheme in accordance with our obligations under Part 1 of the Pensions Act 2008. Details of the scheme will be provided when you join the scheme. If you do not decide to opt out of automatic enrolment:

a) you will be required to make pension contributions to the scheme at the level set out under Part 1 of the Pensions Act 2008 from time to time of your remuneration each year (divided into and payable in weekly instalments) and you agree to us deducting such contributions from your weekly remuneration; and

b) we will be required to make pension contributions to the scheme at the level set out under Part 1 of the Pensions Act 2008 from time to time of your remuneration each year (divided into weekly instalments);

10.2. The scheme is subject to its rules as may be amended from time to time, and we may replace the scheme with another pension scheme at any time.

10.3. If you are not eligible to be enrolled automatically, we will comply with any duties we may have in respect of you under Part 1 of the Pensions Act 2008 and will provide alternative pension scheme arrangements to the extent required by law.

10.4. You are not entitled to any benefits other than those set out in this agreement.

11. Training

We offer in-house training subject to certain eligibility requirements and other conditions, including but not limited to specific customer requirements. Details of this training are set out in our training policies and procedures and related communications, as amended from time to time.  We bear the cost of any training.

12. Grievances

If you have a grievance or concern regarding your engagement you should email suppliers@gophr.com,  If the grievance is not then resolved to your satisfaction, you should speak to suppliers@gophr.com.

13. Workplace rules and policies 

Whilst you are working for us you are expected to comply with our rules and policies, including our service level policy.

14. Confidential information

14.1. Except in the proper performance of your work (or as required by law), you will not, either during your engagement by us or at any time after it ends, without our prior written approval, use Confidential Information for your own benefit or for the benefit of any other person, firm, company or organisation (other than our organisation), or directly or indirectly disclose Confidential Information to any person (other than any person employed by us whose province it is to have access to that Confidential Information).

14.2. Confidential Information’ means information which is not in the public domain, relating to our business, management systems, finances, transactions and affairs, its trade secrets, information relating to the business, finances, dealings, transactions and affairs of any of our customers, suppliers, agents or distributors, and any information which is identified to you by us as being confidential or secret in nature or which ought reasonably to be regarded as confidential.

14.3. The restrictions in this clause 15 do not apply to:

a) information which you reasonably need to retain as a record of the work you have carried out (provided always that no information identifying customers may be retained);  and

b) information disclosed for the purpose of making a protected disclosure within the meaning of Part IVA of the Employment Rights Act 1996, or to a relevant pay disclosure made in compliance with section 77 of the Equality Act 2010.

15. Your other obligations

Compliance with the law

15.1. You agree to comply with applicable laws at all times while working for us. 

Data protection

15.2. You will comply with your obligations under our data protection policy and other relevant policies, including in relation to criminal records information, internet, email and communications and information security.

15.3. You shall not conduct any direct or indirect marketing using personal data (which, for the avoidance of doubt, shall include all names, addresses, email addresses and phone numbers) that came into your possession through use of and activities on the Gophr App, nor will you disclose such personal data to any third party without our express written consent.

Employee-status claims

15.4. You will be fully responsible for and hereby indemnify us for and in respect of any liability (including reasonable costs and expenses) for any claim based on employee status brought by you against us arising out of or in connection with this Agreement except where such claim is as a result of any act or omission of the Company.

Tax

15.5. You acknowledge that we will not be operating PAYE or making or deducting any National Insurance contributions in relation to the work you carry out under this Agreement.

15.6. You will be responsible for, and will account to the appropriate authorities for, all income tax liabilities and National Insurance or similar contributions payable in respect of the payments made to you under this Agreement. 

15.7. If any claim, assessment or demand is made against us for payment of income tax or National Insurance contributions or other similar contributions due in respect of the payments made to you under this Agreement, you will indemnify us against any liability, assessment or claim together with all reasonable costs and expenses and any penalty, fine or interest payable by us in connection with or in consequence of any such liability, assessment or claim, where such recovery is not prohibited by law.

16. Our other obligations

Data protection

16.1. We will process personal data and special category data (also known as sensitive personal data) and criminal records data relating to you in accordance with our data protection policy and data privacy notice.

Our liability

16.2. We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Gophr App available.  You acknowledge and agree that we do not warrant that the Gophr App shall be uninterrupted or fault-free at all times.  We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Gophr App.

16.3. Subject to the exceptions set out in clause 16.4 and the matters covered in clause 16.2, our liability to you shall be capped at a maximum aggregate value of 20% of all sums paid to you by us in the six (6) months period prior to the date on which the event or series of events giving rise to the claim (first) occurred. 

16.4. Nothing in these terms shall limit in any way our liability:

a) for death or personal injury caused by its negligence;

b) for fraud or fraudulent misrepresentation; or

c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, its liability.

17. Entire agreement

The terms set out in this letter are the entire agreement between the parties regarding your engagement as a worker. It is intended to fully reflect the parties’ intentions and expectations in relation to your work for us and you agree that it is an accurate record of the terms of the relationship. It replaces all previous agreements and arrangements (whether written or oral, express or implied) relating to your work for us. Any variation to this agreement will only be valid if it is recorded in writing, signed by both parties and expressed to be such a variation.

18. Governing law

This agreement, and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

I confirm that I have read and understood the contents and implications of this agreement.  I agree to the terms and conditions set out in it and its schedules.

Policy

Deliveries – Our expectations

We would like customers to have the best experience of dealing with Gophr and its couriers – of course you play a key part in this so please always be professional and polite when carrying out deliveries and look after the equipment you use.  We may issue training or further guidance from time to time but this policy sets out what we ask of you.

Your vehicle and equipment

The car, van, motorbike or bicycle you use for deliveries should be roadworthy and kept clean and presentable.  Likewise, any other equipment such as the bags you use, should be clean.  If you wear Gophr branded clothing or items they must also be clean and in good condition.

What we require of you when completing a delivery

• You will have accepted the job after having viewed the required pickup and drop off times and these must be met (in the case of shift work this means being at the start point at the required time and carrying out the deliveries of the type agreed until the end time).  Please contact the Gophr Ops team if it seems that a shift is likely to overrun.
• You must follow any specific instructions which are issued to you via the Gophr App.  They could include taking photos of deliveries, following instructions about whether to leave a package in a safe place, confirming that a parcel has been picked up, checking the ID and age where a delivery must be given to a specific person or there is a minimum age requirement for an item, recording the name of the recipient or entering any code given to you by them.

What to do if something goes wrong

If there are delays, please pro-actively contact the customer in good time to keep them updated.  You can also reach out to the Gophr Ops team for advice and assistance at any point.