TERMS OF ENGAGEMENT WITH AN AGENCY WORKER
DEFINITIONS AND INTERPRETATION
1.1. In these Terms the following definitions apply:
“Agency Worker” means you, the signatory of these Terms;
“Agency Workers Regulations” means the Agency Workers Regulations 2010
“Assignment” means a fixed term contract for services between the Agency Worker and the Employment Business under which the Agency Worker agrees to perform services for and under the supervision direction and control of the Hirer;
“Booking and Placement Form” means written confirmation of the terms of an Assignment to be given to the Agency Worker upon acceptance of the Assignment;
“Calendar Week” means Monday to Friday;
“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment or any personal data of the Hirer’s staff or students) in any form or medium and however disclosed to the Agency Worker by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information but excluding any such information that has entered the public domain other than as a result of the Agency Worker’s breach of these terms;
“Day Rate” means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay inclusive of statutory holiday pay entitlement which will be paid for each day (pro rata for shorter periods) worked during an Assignment and which will be paid weekly in arrears, subject to Deductions, as set out in the relevant Booking and Placement Form, which shall not be less than the Minimum Rate;
“Deductions” means any deductions which the Employment Business may be required by law to make including but not limited to PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions pursuant to Social Security (Categorisation of Earners) Regulations 1978;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;
“Employment Business” means Temp Teaching Limited (registered company no. 9794429), a Temporary Work Agency;
“First Assignment” means:
(a) the current Assignment; or
(b) if, prior to the current Assignment:
i. the Agency Worker has been supplied by any Temporary Work Agency to work in the same or a substantively similar role as the current Assignment with the relevant Hirer; and
ii. the relevant Qualifying Period commenced in any such previous period of supply;
“Hirer” means any school, academy, local authority, nursery or similar body that contracts with the Employment Business for the introduction and supply of Agency Workers under Assignment, and/or the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is Introduced;
“Minimum Rate” means a minimum of £85 per day for Teachers undertaking all aspects of Specified Work and £46 per day for Classroom Support Workers and Nursery Nurses, assuming a notional 6.5 working hours per day (pro rata for shorter hours), this being the minimum rate of pay inclusive of statutory holiday pay entitlement (subject to Deductions) that the Employment Business reasonably expects to achieve for all days worked by the Agency Worker;
“QP Day Rate” means the rate of pay which will be paid for a day inclusive of statutory holiday pay entitlement (pro rata for shorter periods) which will be paid to the Agency Worker if and when s/he completes the Qualifying Period, if this rate is higher than the Day Rate. Such rate will be paid for each day worked during an Assignment after completion of the Qualifying Period weekly in arrears, subject to Deductions, as set out in any variation to the relevant Booking and Placement Form;
“Qualifying Period” means 12 continuous Calendar Weeks which are either continuous or counted as continuous in accordance with the Agency Worker Regulations during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role;
“Specified Work” means planning, preparing and delivering lessons and courses to pupils and assessing and reporting on the development, progress and attainment of pupils, as defined in the Education Specified Work and Registration (England) Regulations 2003 and the Agency Workers Regulations 2010 Supplementary Guidance Relating To Agency Supply Teachers (DFE/BIS);
“Temporary Work Agency” means any entity that contracts with individuals whom it supplies to work under the direction and control of a third party;
“Terms” means these terms of engagement together with any applicable Booking and Placement Form;
“Type of Work” means the specified role to be undertaken, which shall comprise one of ‘supply cover’ (i.e. teachers not undertaking all aspects of Specified Work; ‘teaching cover’ (i.e. teachers undertaking all aspects of Specified Work); classroom support work; nursery support work; or similar;
“Working Time Regulations” means the Working Time Regulations 1998.
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.
1.4. 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 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. When an Agency Worker accepts an offer of work from the Employment Business the Terms shall constitute the entire agreement between the Employment Business and the Agency Worker in respect of that Assignment, which shall be a fixed term contract for services. No contract shall exist between the Employment Business and the Agency Worker between Assignments.
2.2. For the avoidance of doubt, the Terms shall not form a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer.
2.3. The Terms shall prevail over any other terms put forward by the Agency Worker. No variation or alteration to the Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency Worker no later than 5 business days following the day on which the variation was made stating the date on or after which such varied terms shall apply.
2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) when introducing or supplying the Agency Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. The Employment Business may offer suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Employment Business is not obliged to make any offers of work and the Agency Worker shall not be obliged to accept any 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 the Employment Business makes no offers of work and agrees that: the Employment Business shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work.
3.3. If an Assignment is offered, the Employment Business shall provide the Agency Worker with the following information:
3.3.1. the identity of the Hirer, and if applicable the nature of their business;
3.3.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
3.3.3. the Type of Work, location and hours during which the Agency Worker would be required to work;
3.3.4. the Rate of Pay and any expenses payable by or to the Agency Worker;
3.3.5. 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; and
3.3.6. 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 the information specified in clause 3.3 information is not given in a Booking and Placement Form in either paper or electronic format at the time the offer of an Assignment is made it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following the start of the assignment.
3.5. If the Agency Worker has completed the Qualifying Period on the start date of the relevant Assignment or completes the Qualifying Period during the relevant Assignment, the Agency Worker will be informed of the QP Rate of Pay if different from the Rate of Pay, together with any other Emoluments or more beneficial terms and conditions the Agency Worker is entitled to under the Agency Workers Regulations.
3.6. 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’s Quality Manager setting out as fully as possible the basis of his/her concerns.
4. AGENCY 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 Employment Business in the completion and renewal of all mandatory checks required, including but not limited to CRB and right to work checks;
4.1.2. co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
4.1.3. perform work in accordance with the standards commonly observed in the teaching profession and observe any relevant rules and regulations of the Hirer’s establishment including but not limited to policies on Health and Safety, Safeguarding and Equal Opportunities to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
4.1.4. not at any time divulge to any person, nor use any Confidential Information for his or her own or any other person’s benefit save in the proper performance of the Assignment;
4.1.5. at any time whether during or on completion of the Assignment 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.
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 other periods whether 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; and
4.2.2. 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, the role performed and any other details requested by the Employment Business.
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 at least 1 hour prior to the start time specified in the Booking and Placement Form. In the event that it is not possible to inform the Employment Business within this timescale, the Agency Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4. The Agency Worker shall provide services during the hours specified in the Booking and Placement Form and the Employment Business will not be liable to pay the Agency Worker for any hours not so specified. If the Hirer requests the Agency Worker at any time to work over and above the specified period the Agency Worker should contact the Employment Business.
5.1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of 1 week or less or is completed before the end of a week) the Agency Worker shall deliver to the Employment Business a timesheet completed to indicate the number of hours/days worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
5.2. Subject to clause 5.3 the Employment Business shall pay the Agency Worker for all hours/days worked regardless of whether the Employment Business has received payment from the Hirer for those hours/days.
5.3. Where the Agency Worker fails to submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours/days. This may delay any payment due to the Agency Worker. The Employment Business shall make no payment to the Agency Worker for hours/days not worked.
5.4. For the avoidance of doubt and for the purposes of the Working Time Regulations, unless agreed otherwise in writing 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 (apart from time spent travelling between two or more premises of the Hirer), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes.
6.1. The Employment Business shall pay to the Agency Worker the Rate of Pay unless and until the Agency Worker completes the Qualifying Period when it will pay the QP Rate of Pay, if higher.
6.2. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 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.
7. ANNUAL LEAVE
7.1. The Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks (28 days) inclusive of bank and public holidays.
7.2. Payment of the Agency Worker’s entitlement to holiday pay under the Regulations shall be calculated and paid proportionately in advance according to the amount of time worked by the Agency Worker on Assignments. Twelve point one percent (12.1%) of the Rate of Pay and the QP Rate of Pay is advance payment of statutory holiday pay and is paid weekly in arrears from the first day of the Assignment. If the Agency Worker becomes entitled on completion of the Qualifying Period to holiday pay in excess of entitlements under the Working Time Regulations, this additional holiday pay will be included in the QP Rate of Pay.
8. SICKNESS ABSENCE
8.1. The Agency Worker may be eligible for Statutory Sick Pay provided that s/he meets the relevant statutory criteria.
8.2. 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.
8.3. 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.
8.4. In the event that the Agency Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer and the Agency Worker as appropriate to assess whether the conditions identified in the Statement or similar documentation can be satisfied for the duration of the Assignment.
8.5. Where clause 8.4 applies, the Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Booking and Placement Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
9.1. Any of the Employment Business, the Agency Worker or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
9.2. The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Hirer. In the event that the contract between the Employment Business and the Hirer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Agency Worker (save for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
9.3. If the Agency Worker does not inform the HIrer or the Employment Business that they are 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 9.1, unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
9.4. If the Agency Worker is absent during the course of an Assignment and the Assignment has not been otherwise terminated under clauses 9.1 or 9.3 above the Employment Business will be entitled to terminate the Assignment in accordance with clause 9.1 if the work to which the Agency Worker was assigned is no longer available.
9.5. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 3 weeks, the Employment Business will forward his/her P45 to his/her last known address.
10. 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.
11.1. 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:
11.1.1. 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;
11.1.2. to deliver up to the Hirer or the Employment Business (as directed) at the end of each Assignment all documents and other materials 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
11.1.3. 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.
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.
All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid 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.
14. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Signed by the Agency Worker
[print and sign your name here] __________________________________________________________