1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or
1.4 applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.
2. The Contract
2.1 These Terms constitute a contract for services between the Employment Business and the Agency Worker and they govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments.
2.2 During an Assignment the Agency Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. The Agency Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Agency Worker rights in addition to those provided by statute except where expressly stated.
2.3 No variation or alteration to these Terms shall be valid unless set out in writing and a copy of the varied terms is given to the Agency Worker stating the date on or after which such varied terms shall apply, authorised by a Director of the Employment Business.
3. Assignments
3.1 The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to work as a Supply Teacher, Teaching Assistant, Nursery Nurse, or other such equivalent work for which the Agency Worker may be suitable. The Agency Worker shall not be obliged to accept an Assignment offered by the Employment Business.
3.2 The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees: that the suitability of the work to be offered shall be determined solely by the Employment Business; that the Employment Business shall incur no liability to the Agency Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Agency Worker and the Employment Business during periods when the Agency Worker is not working on an Assignment.
3.3 At the same time as an Assignment is offered to the Agency Worker the Employment Business shall inform the Agency Worker of the identity of the Hirer, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Agency Worker would be required to work; the rate of remuneration that will be paid and any expenses payable by or to the Agency Worker; and any risks to health and safety known to the Hirer in relation to the assignment and the steps the Hirer has taken to prevent or control such risks. In addition, the Employment Business shall inform the Agency Worker what experience, training, qualifications and any authorisation required by law or a professional body the Hirer considers necessary or which are required by law to work in the Assignment.
3.4 Where such information is not given in paper form or by electronic means it shall be confirmed by the end of the third business day following save where the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker had previously been supplied within the previous five business days and such information has already been given to the Agency Worker.
3.5 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Hirer wishes to employ the Agency Worker direct or through another employment business, the Agency Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer fee or to agree an extension of the hiring period with the Hirer at the end of which the Agency Worker may be engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition the Employment Business will be entitled to charge a fee to the Hirer if the Hirer introduces the Agency Worker to a third party who subsequently engages the Agency Worker within the Relevant Period.
3.6 Agency Worker may be engaged directly by the Hirer or through another employment business without further charge to the Hirer. In addition the Employment Business will be entitled to charge a fee to the Hirer if the Hirer introduces the Agency Worker to a third party who subsequently engages the Agency Worker within the Relevant Period.
3.7 For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the first Assignment.
3.8 If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Agency Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations;
3.9 If the Agency Worker considers that s/he has not or may not have received equal treatment under the Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business setting out as fully as possible the basis of his/her concerns.
4. Temporary Worker's Obligations
4.1 The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if the Agency Worker does accept an Assignment, during every Assignment and afterwards where appropriate, s/he will:
4.1.1 Co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
4.1.2 Observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
4.1.3 take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
4.1.4 not engage in any conduct detrimental to the interests of the Employment Business and/or Hirer which includes any conduct which could bring the Employment Business and/or the Hirer into disrepute and/or which results in the loss of custom or business by either the Employment Business or the Hirer;
4.1.5 not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business' or the Hirer's staff;
4.1.6 not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions or finances;
4.1.7 on completion of the Assignment or at any time when requested by the Hirer or the Employment Business, return to the Hirer or where appropriate, to the Employment Business, any Hirer property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.
4.2 If the Agency Worker accepts any Assignment offered by the Employment Business, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at the Employment Business' request, the Agency Worker undertakes to:
4.2.1 Inform the Employment Business of any Calendar Weeks between 1 October 2011 and prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
4.2.1 provide the Employment Business with all the details of such work, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; and
4.2.2 inform the Employment Business if, since 1 October 2011, s/he has prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment:
4.2.2.1 completed two or more assignments with the Hirer;
4.2.2.2 completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
4.2.2.3 worked in more than two roles during an assignment with the Hirer and on at least two occasions worked in a role that was not the same role as the previous role.
4.3 If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4 If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why s/he may not be suitable for an Assignment, s/he shall notify the Employment Business without delay.
4.5 The Agency Worker acknowledges that any breach of his/her obligations set out in this clause may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.
5. Remuneration
5.1 The Employment Business shall pay to the Agency Worker the Actual Rate of Pay unless and until the Agency Worker completes the Qualifying Period. The Actual Rate of Pay will be notified on a per Assignment basis.
5.2 If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Agency Worker:
5.2.1 the Actual QP Rate of Pay; and
5.2.2 the Emoluments (if any),
5.2.3 which will be notified on a per Assignment basis.
5.3 Subject to any statutory entitlement under the relevant legislation referred to in clauses 6 and 7 below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from the Employment Business or the Hirer for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
5.4 If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Agency Worker may be entitled to receive a bonus. The Agency Worker will comply with any requirements of the Employment Business and/or the Hirer relating to the assessment of the Agency Worker's performance for the purpose of determining whether or not the Agency Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Agency Worker is entitled to receive a bonus, the Employment Business will pay the bonus to the Agency Worker.
6. Annual Leave
6.1. Holidays. This will generally amount to 13 weeks annually, or thereabouts. Of this total holiday entitlement, 5.6 weeks annually is your paid leave entitlement, and the remainder is unpaid.
6.2. Unless otherwise notified to you in relation to (and for the duration of) a specific Client Assignment,
6.2.1. Your annual paid leave entitlement is 5.6 weeks per year, and
6.2.2. During the first year of your employment, your annual paid leave entitlement accrues at 5.6/12 = 0.4667 working weeks per month (5.6/52 = 0.1077 working weeks per week).
6.3. For the avoidance of doubt, bank and public holidays falling on days which would otherwise be normal working days, but which are not in fact worked by you, will be taken as part of your annual paid leave entitlement.
6.4. You must request our approval for annual paid leave by giving us written notice of at least twice as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates; (example: to request 1 week’s leave, you must give us notice at least 2 weeks in advance of the first day of the requested leave).
6.4.1. If we wish to refuse such a request, we will give you written notice of at least as many days in advance of the earliest day specified in the notice as the number of days or part-days to which the notice relates; (example: to refuse a request for 1 week’s leave, we must give you notice at least 1 week in advance of the first day of the requested leave).
6.5. We will honour any additional statutory rights to paid leave to which you may from me to me become entitled (such as maternity/paternity, adoption or shared parental leave, or paid me off for ante-natal appointments).
6.6. The holiday year runs from 1st September in each year.
6.6.1. Specific provisions in the Working Time Regulations 1998 (as amended) permit carrying forward of untaken paid leave entitlement which it was not reasonably practicable to take as a result of the effects of coronavirus;
6.6.2. Subject thereto, annual paid leave entitlements may not be carried forwards from year to year, and it is your responsibility to ensure that you take any annual paid leave entitlement before the end of the holiday year or termination of your contract, whichever occurs first;
6.6.3. If you anticipate difficulty in taking any part of your annual paid leave entitlement before the end of the holiday year, you should contact us before the year end, and if you do so, we will work with you, with a view to finding a solution which does not result in you losing any part of your annual paid leave entitlement.
6.7. The amount of a week’s pay for the purposes of paid leave will be calculated in accordance with the Working Time Regulations 1998 (as amended), and based on an average of your gross pay (disregarding (a) payment for paid leave itself, and (b) any advances we may have made against your annual paid leave reserve entitlement), calculated over the applicable reference period (52 weeks).
6.8. If on termination of your employment you have taken more or less than the amount of paid leave to which you are entitled (calculated to the date of termination), an adjustment calculated in accordance with the Working Time Regulations 1998 (as amended) will be made to your final pay. If you have taken more than the amount of paid leave to which you are entitled, this will mean that a deduction is made, and any balance due shall be a debt due to us and payable on the last day of your employment.
6.9. You have no other entitlement to paid leave.
7. Sickness Absence
7.1 The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.
7.2 For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an assignment and that qualifying day shall be the Wednesday in every week.
7.3 The Agency Worker is required to provide the Employment Business with evidence of incapacity to work which may be by way of a self-certificate for the first 7 days of incapacity and a doctor’s certificate thereafter.
8. Time Sheets
8.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one wee k or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a time sheet duly completed to indicate the number of days or half-days worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
8.2 Subject to clause 8.3 The Employment Business shall pay the Agency Worker for all days or half -days worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
8.3 Where the Agency Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the days or half- days claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those days or half-days. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for periods not worked.
8.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Agency Worker’s working time shall only consist of those periods during which s/he is carrying out activities or duties for the Hirer as part of the Assignment. Time spent travelling to the Hirer’s premises; lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes.
9. Conduct of Assignments
9.1 The Agency Worker is not obliged to accept any Assignment offered by the Employment Business but if s/he does so, during every Assignment and afterwards where appropriate, s/he will:
a) Co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
b) Observe any relevant rules and regulations of the Hirer’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
c) Take all reasonable steps to safeguard his or her own health and safety and that of any other person who may be present or be affected by his or her actions on the Assignment and comply with the Health and Safety policies and procedures of the Hirer;
d) Not engage in any conduct detrimental to the interests of the Hirer;
e) Not at any time divulge to any person, nor use for his or her own or any other person’s benefit, any confidential information relating to the Hirer’s or the Employment Business’ employees, business affairs, transactions or finances.
9.2 If the Agency Worker is unable for any reason to attend work during the course of an Assignment s/he should inform the Employment Business prior to the commencement of the Assignment, or day thereof.
9.3 If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay.
10. Termination
10.1 The Employment Business or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
10.2 The Agency Worker may terminate an Assignment at any time without prior notice or liability.
10.3 If the Agency Worker does not inform the Hirer or the Employment Business [in accordance with clause 9.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Agency Worker in accordance with clause 9.2 unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 9.2.
10.4 If the Agency Worker is absent during the course of an assignment and the contract has not been otherwise terminated under clauses 10.1, 10.2 or 10.3 above the employment business will be entitled to terminate the contract in accordance with clause 10.1 if the work to which the absent worker was assigned is no longer available for the Agency Worker.
10.5 If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of six weeks, the Employment Business has the right to forward his/her P45 to his/her last known address
11. Intellectual Property Rights
The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hirer during the Assignment shall belong to the Hirer. Accordingly the Agency Worker shall execute all such documents and do all such acts as the Employment Business shall from time to time require in order to give effect to its rights pursuant to this clause.
12. Confidentiality
12.1 In order to protect the confidentiality and trade secrets of any Hirer and the Employment Business and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
12.1.1 not at any time, whether during or after an Assignment (unless expressly so authorised by the Hirer or the Employment Business as a necessary part of the performance of its duties) to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Hirer or the Employment Business with the exception of information already in the public domain;
12.1.2 to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other material s belonging to the Hirer (and all copies) which are in its possession including documents and other materials created by him/her during the course of the Assignment; and
12.1.3 not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Hirer except when required to do so in the course of its duties under an Assignment in which event any such item shall belong to the Hirer or the Employment Business as appropriate.
13. Data Protection
13.1 The Agency Worker warrants that in relation to these Terms, s/he shall comply strictly with all provisions applicable to him/her under the Data Protection Laws and shall not do or permit to be done anything which might cause the Employment Business or the Hirer to breach any Data Protection Laws.
13.2 The Agency Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Agency Worker to the Hirer (now or in the future), and the
Hirer:
13.3 processing his/her personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and exporting and/or processing his/her personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.
14. Severability
14.1 If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws
15. Notices
15.1 All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class pre-paid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email or facsimile transmission, when that email or facsimile is sent.
16. Law
16.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
16.2 These Terms contain the entire agreement as to the terms of engagement of the Agency Worker and of all Assignments undertaken by the Agency Worker and replace all previous contracts for service or of service and supersede all previous discussions, correspondence, negotiations, understandings and agreements between the Agency Worker and the Employment Business which shall have no further effect from the date of this Agreement.
17. Criminal Convictions
17.1 Anyone applying for employment in a school in a capacity involving contact with children under the age of 18 is exempt from the provision for the Rehabilitation of Offenders Act 1974 by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 1986. The Agency Worker is, therefore, not entitled to withhold information about convictions or cautions which for other purposes are 'spent' under the Provisions of the Act and, in the event of being placed in an Assignment, any failure to disclose such convictions could result in the termination of the Assignment. Any information given will be completely confidential and will be considered only in relation to any application for positions to which the Order applies.
17.2 The Agency Worker agrees to either complete a Disclosure and Barring Service Disclosure application, or provide a previous disclosure completed within the last twelve months and complete a Nurture Education Portability Consent Statement.
17.3 Overseas applicants who have not been resident in the UK for more than two years agree to provide an equivalent standard of criminal background check from their home country in addition to completing a Disclosure and Barring Service Enhanced Disclosure Application.
17.4 The Agency Worker agrees that the Employment Business can share with Hirers, information disclosed as part of the criminal records check completed (via the Disclosure and Barring Service or Overseas Sources).