Working with SupplyWell
Summary of Terms for Education Supply Workers
Overview: These terms outline your role and responsibilities as an Education Supply Worker with us. They ensure a clear understanding of how we work together.
Assignments: You'll be given assignments based on your skills and qualifications. You're not obligated to accept every assignment, but if you do, you're expected to follow the rules and guidelines of the school or organization where you're placed.
Pay and Work Hours: Your pay rate will be clearly communicated for each assignment. It will always be at least the national minimum wage. If you're a SupplyWell Ambassador, you might receive a retainer fee when not on assignment.
Health and Safety: Your health and safety are important. Please adhere to any relevant policies and report any concerns.
Confidentiality: It's crucial to keep any sensitive information you come across during your assignments confidential.
Annual Leave and Sickness: You're entitled to annual leave and may be eligible for sick pay under certain conditions. The specifics of these benefits will be detailed in your assignment confirmation.
Termination of Assignment: Either you, us, or the school can end an assignment at any time. We ask for communication if you're unable to attend work.
Intellectual Property: Any materials or documents you create during your assignments belong to the school or organisation.
Data Protection: Your personal data will be handled in compliance with relevant laws, primarily for administrative and payroll purposes.
Legal Stuff: These terms are governed by the laws of England & Wales/Scotland/Northern Ireland.
Remember, this is just a helpful overview. For full details, please refer to the actual terms provided. If you have any questions or need more information, feel free to ask!
Terms of Engagement for PAYE Education Supply Workers
(contract for services)
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms the following definitions apply:
“Actual Rate of Pay” means, unless and until the Education Supply Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each day or half day worked, as set out in the relevant Assignment Confirmation Email;
“Actual QP Rate of Pay” means the rate of pay which will be paid to the Education Supply Worker if and when s/he completes the Qualifying Period, as set out in any variation to the relevant Assignment Confirmation Email;
“Education Supply Worker” means the person supplied by the Employment Business to provide services to the Hirer;
“Agreed Deductions” means any deductions the Education Supply Worker has agreed can be made from their pay;
“Assignment” means assignment services to be performed by the Education Supply Worker for the Hirer for a period of time during which the Education Supply Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;
“Assignment Confirmation Email” means written confirmation of the assignment details to be given to the Education Supply Worker upon acceptance of the Assignment;
“AWR” means the Agency Workers Regulations 2010;
“Calendar Week” means any period of 7 days starting with the same day as the first day of the First Assignment;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
“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) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Education Supply Worker or any third party in relation to the Assignment 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;
“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and "Controls" and "Controlled" shall be construed accordingly;
“Daily Rate” means the minimum gross rate of pay that the Employment Business reasonably expects to achieve, for all days worked by the Education Supply Worker. This will be no less than national minimum wage;
“Data Protection Laws” means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
“Deductions” means any deductions which the Employment Business may be required by law to make and, in particular, in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;
“Employment Business” SupplyWell Limited (registered company no. 11034617 of Cotton Exchange, Liverpool, L3 9LQ};
“Engagement” means the engagement (including the Education Supply Worker’s acceptance of the Hirer’s offer), employment or use of the Education Supply Worker by the Hirer or any third party to whom the Education Supply Worker has been introduced by the Hirer, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Education Supply Worker is an officer, employee or other representative, an agency, licence, franchise or partnership arrangement, or any other engagement; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“First Assignment” means:
(a) the relevant Assignment; or (b) if, prior to the relevant Assignment:
i. the Education Supply Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Education Supply
Worker works in the relevant Assignment; and
ii. the relevant Qualifying Period commenced in any such assignment, that assignment (an assignment being (for the purpose of this defined term) a
period of time during which the Education Supply 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);
“Hirer” means 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 Education Supply Worker is supplied or introduced;
“Hirer's Group” means a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
“Leave Year” means the period during which the Education Supply Worker accrues statutory leave. For education staff, the leave year at The Employment Business commences on 1st September and runs until the 31st August;
“Period of Extended Hire” means any additional period that the Hirer wishes the Education Supply Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Education Supply 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, and as further defined in the Schedule to these Terms;
“Relevant Period” means the later of (a) the period of 8 weeks commencing on the day after the last day on which the Education Supply Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Education Supply Worker worked for the Hirer having been supplied by Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;
“SupplyWell Ambassador” SupplyWell Ambassadors are recruited as temporary workers for a period of an academic term, rather than on an assignment by assignment basis. SupplyWell Ambassadors may be recruited for further terms at the discretion of SupplyWell. They are engaged under the same Terms of Engagement as all other supply staff at SupplyWell have (a ‘Contract for Services’). The notice period for a SupplyWell Ambassador is immediate for both parties. SupplyWell Ambassadors agree to be available for work on designated days each week and if SupplyWell does not have an assignment for them on any of those days, they will be paid a retainer fee. The retainer fee is detailed in the Key Information Document. This retainer fee is inclusive of annual leave pay and no further annual leave payment will be paid for days where the retainer has been paid. In order to qualify for the retainer fee, SupplyWell Ambassadors must be available to work and if they are not available to work on a given day, no retainer is payable that day. They must advise SupplyWell if they are unavailable to work on any given day. There is no entitlement to sick pay or other paid leave. The SupplyWell Ambassador retainer fee is not payable in the school holidays or on inset days (unless worked). It will only be payable on the 190 days per year that schools are open to students, and where an assignment cannot be offered, and no other mitigating circumstances are applicable (e.g. factors outside of the control of the Hirer or Employment Business). Details of assignments will be emailed to Ambassadors once agreed with the school by way of the AssignmentConfirmation Email/WSOP. If Ambassadors do not wish to take or refuse to take an assignment at a school, the retainer fee will not be payable as an alternative.
“Temporary Work Agency” means as defined in the Schedule to these Terms;
“Terms” means these terms of engagement (including the attached schedule) together with any applicable Assignment Confirmation Email;
“Transfer Fee” means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations;
“Type of Work” means temporary work as a Teacher* OR Teaching Assistant, Cover Supervisor or Learning Support Assistant* OR Nursery Assistant. The Education Supply Worker will only be assigned the type of work that they have relevant skills, qualifications and authorisations to do; and “WTR” 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, reenacted, 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. These Terms constitute the entire agreement between the Employment Business and the Education Supply Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Education Supply Worker. The contract between the parties starts on the first day of the First Assignment under these Terms however, no contract shall exist between the Employment Business and the Education Supply Worker between Assignments. These Terms shall prevail over any other terms put forward by the Education Supply Worker.
2.2. During an Assignment the Employment Business will engage the Education Supply Worker on a contract for services on these Terms. For the avoidance of doubt, the Education Supply Worker is not an employee of the Employment Business although the Employment Business is required to make the Deductions from the Education Supply Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Education Supply Worker, or the Education Supply Worker and the Hirer. The Education Supply 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 Education Supply 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 the details of such variation are agreed between the Employment Business and the Education Supply Worker and set out in writing and a copy of the varied terms is given to the Education Supply 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 (as amended) when introducing or supplying the Education Supply Worker for Assignments with its Hirers.
3. ASSIGNMENTS AND INFORMATION TO BE PROVIDED
3.1. The Employment Business will endeavor to obtain suitable Assignments for the Education Supply Worker to perform the agreed Type of Work. The Education Supply Worker shall not be obliged to accept any Assignment offered by the Employment Business.
3.2. The Education Supply Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available and agrees that:
3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and
3.2.2. the Employment Business shall incur no liability to the Education Supply Worker should it fail to offer Assignments of the Type of Work or any other work to the Education Supply Worker.
3.3. Education Supply Workers who are recruited as SupplyWell Ambassadors, will be paid a retainer fee when they are not offered an assignment. This fee is paid if the SupplyWell Ambassador is available for work and no work can be offered to them by the Employment Business. If the SupplyWell Ambassador is not available for work on a given day, no retainer fee will be paid for that day.
3.3.1. If an Assignment is cancelled due to factors outside of the control of the Hirer or Employment Business (including but not limited to, bad weather, natural disaster), the retainer fee will not be payable to the Ambassador.
3.4. Before an Assignment is offered to the Education Supply Worker the Employment Business shall provide the Education Supply Worker with a Key Information Document (KID).
3.5. At the same time as an Assignment is offered to the Education Supply Worker the Employment Business shall provide the Education Supply Worker with a Confirmation of Assignment Email setting out the following:
For the purposes of the Conduct Regulations:
3.5.1. the identity of the Hirer, and if applicable the nature of their business;
3.5.2. the date the Assignment is to commence and the duration or likely duration of Assignment;
3.5.3. the Type of Work, location and details of hours during which the Education Supply Worker would be required to work;
3.5.4. the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Education Supply Worker;
3.5.5. 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;
3.5.6. 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; and
For the purposes of Section 1 of the Employment Rights Act:
3.5.7. any other paid leave such as maternity, paternity or adoption leave;
3.5.8. the details of pension entitlements and pensions schemes; and
3.5.9. any other benefits
3.6. Where the Employment Business does not give such information in paper form or by electronic means, it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except where:
3.6.1. the Education Supply Worker is being offered an Assignment in the same position as one in which the Education Supply Worker has previously been supplied within the previous 5 business days and such information has already been given to the Education Supply Worker and remains unchanged; or
3.6.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Education Supply Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.
3.7. Where the provisions of clause 3.4 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3.3 to the Education Supply Worker in paper or electronic form within 8 days of the start of the Assignment.
3.8. For the purpose of calculating the average number of weekly hours worked by the Education Supply Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Education Supply Worker commences the First Assignment.
3.9. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Education Supply Worker directly or through another employment business, the Education Supply Worker acknowledges that the Employment Business will be entitled either to charge the Hirer a Transfer Fee or to agree a Period of Extended Hire with the Hirer at the end of which the Education Supply 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 Transfer Fee to the Hirer if the Hirer introduces the Education Supply Worker to a third party (other than another employment business) who subsequently Engages the Education Supply Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
3.10. If the Education Supply 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 Education Supply 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 AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Confirmation Email or any variation to the relevant Assignment Confirmation Email (as appropriate).
4. EDUCATION SUPPLY WORKER’S OBLIGATIONS
4.1. The Education Supply Worker is not obliged to accept any Assignment offered by the Employment Business but if the Education Supply Worker does accept an Assignment, then 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 Education Supply 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's or the Hirer's staff;
4.1.6. not at any time tell or give 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’s 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 Education Supply 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 Education Supply 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’s request, the Education Supply Worker undertakes to:
4.2.1. inform the Employment Business of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Education Supply Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Education Supply Worker believes count or may count toward the Qualifying Period;
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, and any other details requested by the Employment Business; and
4.2.3. inform the Employment Business if s/he has prior to the commencement of the relevant Assignment and/or during the relevant Assignment carried out work which could be
deemed to count toward the Qualifying Period for the relevant Assignment in accordance with Regulation 9 of the AWR because s/he has:
4.2.3.1. completed two or more assignments with the Hirer;
4.2.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer's Group; and/or
4.2.3.3. 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 Education Supply 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 shift. In the event that it is not possible to inform the Employment Business within these timescales, the Education Supply Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.
4.4. The Education Supply Worker is responsible for reporting any safeguarding concerns, where applicable, to the Designated Safeguarding Lead (DSL) or other senior member of staff of the Hirer, prior to completing the daily assignment.
4.5. If, either before or during the course of an Assignment, the Education Supply 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.
4.6. The Education Supply 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.
4.7. The Education Supply Worker acknowledges that any breach of his/her obligations set out in these Terms may cause the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Education Supply Worker.
5. TIMESHEETS
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 Education Supply Worker shall confirm their timesheet, following the instructions from the Employment Business to do so to indicate the number of hours worked during the preceding week (or such lesser period).
5.2. Subject to clause 5.3, the Employment Business shall pay the Education Supply Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
5.3. Where the Education Supply Worker does not submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Education Supply Worker and the reasons for any discrepancy in respect of those hours. This may delay any payment due to the Education Supply Worker. The Employment Business will not pay the Education Supply Worker for hours not worked.
5.4. For the avoidance of doubt and for the purposes of the WTR, the Education Supply 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 Education Supply Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Confirmation Email or any variation to the relevant Assignment Confirmation Email which the Employment Business may make for the purpose of compliance with the AWR.
6. PAY AND DEDUCTIONS
6.1. For each Assignment the Employment Business shall pay to the Education Supply Worker the Daily Rate, or Half Daily rate if applicable. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Confirmation Email. Where a half day is worked, the amount paid will be 3/5 of the Daily Rate for the morning and 2/5 of the Daily Rate for the afternoon.
6.2. If the Education Supply Worker has completed the Qualifying Period on the start of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Education Supply Worker the Actual QP Rate of Pay which will be notified on a per Assignment basis and set out in the relevant Assignment Confirmation Email or any variation to the relevant Assignment Confirmation Email.
6.3. The Daily Rate, Actual Pay of Rate or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and or Agreed Deductions, together with any agreed Emoluments.
6.4. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 (Annual leave) and 8 (Sickness absence) below and any other statutory entitlement, the Education Supply 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.
6.5. Subject to compliance with Regulation 12 of the Conduct Regulations, the Employment Business reserves the right in its absolute discretion to deduct from the Education Supply Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Education Supply Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.
7. ANNUAL LEAVE
7.1. The Education Supply Worker is entitled to paid annual leave according to, or greater than, the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks, including bank holidays (pro rata for part time employees).
7.2. Annual leave is accrued from the start date of the Education Supply Worker’s assignment with The Employment Business.
7.3. The Education Supply Worker’s entitlement to payment for annual leave under clause 7.1 accrues in proportion to the amount of time worked by him/ her on Assignment during the Leave Year.
7.4. Subject to clause 7.3, the amount of payment which the Education Supply Worker will receive in respect of paid annual leave will be calculated in accordance with and paid in proportion to the number of days which the Education Supply Worker has worked on Assignment.
7.5. The Education Supply Worker will accrue annual leave each week that they work. They will then receive payment for this annual leave during a designated school holiday period, to provide payment to the Education Supply Worker when they are having a period when they are not working.
7.6. Alternatively the Education Supply Worker may wish to opt instead to receive their annual leave pay each week with their weekly wages. If this is opted for, the daily rate of pay and the annual leave pay shall be clearly differentiated on the payslip and no further payment for annual leave will then be made when time off is taken. They must inform the Employment Business which option of annual leave payment they prefer.
7.7. For Education Supply Workers who are recruited as SupplyWell Ambassadors, who are paid a retainer fee when they are not offered an assignment, the retainer fee is inclusive of annual leave pay. No further payment for annual leave will then be made when time off is taken.
7.8. Under the AWR, on completion of the Qualifying Period the Education Supply Worker may be entitled to paid and/or unpaid annual leave in addition to the Education Supply Worker's entitlement to paid annual leave under the WTR and in accordance with clauses 7.1 and 7.2. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Confirmation Email or any variation to the relevant Assignment Confirmation Email.
8. SICKNESS ABSENCE
8.1. The Education Supply Worker may be eligible for statutory sick pay (SSP) provided that s/he meets the relevant statutory criteria.
8.2. The Education Supply Worker must give the Employment Business 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 SSP 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. If the Education Supply Worker submits a statement of fitness for work (“the Statement”) or similar medical evidence, which indicates that the Education Supply Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Education Supply 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 Education Supply 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 Education Supply Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Education Supply Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment
Confirmation Email to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
9. TERMINATION
9.1. Any of the Employment Business, the Education Supply Worker or the Hirer may terminate the Education Supply Worker’s Assignment at any time without prior notice or liability.
9.2. The Education Supply 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. If 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 Education Supply Worker (except for payment for hours worked by the Education Supply Worker up to the date of termination of the Assignment).
9.3. If the Education Supply Worker does not tell the Hirer or the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 4.3) this will be treated as termination of the Assignment by the Education Supply Worker in accordance with clause 9.1, unless the Education Supply Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.
9.4. If the Education Supply Worker is absent during 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 Education Supply Worker was assigned is no longer available.
9.5. If the Education Supply Worker does not report to the Employment Business to notify his/her availability for work for a period of 3 weeks, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.
9.6. If an Assignment is cancelled by the Employment Business or the Hirer, or concerns are raised, due to conduct or capability issues of the Education Supply Worker, they will no longer be eligible for the benefits associated with the Ambassador programme.
10. INTELLECTUAL PROPERTY RIGHTS
The Education Supply 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 Education Supply 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. CONFIDENTIALITY
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 Education Supply 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.
12. DATA PROTECTION
The Education Supply Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfill its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.
13. SEVERABILITY
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.
14. NOTICES
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 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, including by email. 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, when that email is sent.
15. RIGHTS OF THIRD PARTIES
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
16. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales/Scotland/ Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England & Wales/Scotland/ Northern Ireland.
SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY”
For the purpose of the definition of"Qualifying Period"in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer count as continuous towards the Qualifying Period, where:
a) the Education Supply Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Education Supply Worker is not working;
b) the break is:
(i) for any reason and not more than six Calendar Weeks;
(ii) wholly due to the fact that the Education Supply Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by the Employment Business, the Education Supply Worker has provided such written medical evidence as may reasonably be required;
(iii) related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Education Supply Worker returns to work;
(iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Education Supply Worker is otherwise entitled which is:
i. ordinary, compulsory or additional maternity leave;
ii. ordinary or additional adoption leave;
iii. ordinary or additional paternity leave;
iv. time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or
v. for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above; (v) wholly due to the fact that the Education Supply Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;
(vi) wholly due to a temporary cessation in the Hirer's requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Hirer;
(vii) wholly due to a strike, lock-out or other industrial action at the Hirer's establishment; or (viii) wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
c) the Education Supply Worker returns to work in the same role with the Hirer, any weeks during which the Education Supply Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Education Supply Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Education Supply Worker has worked, where the Education Supply Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii., or iii., for the period that is covered by one or more such reasons, the Education Supply Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Education Supply Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of"Qualifying Period".
"Temporary Work Agency" means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:
a) supplying individuals to work temporarily for and under the supervision and direction of hirers; or
b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of hirers.
Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for hirers. For the purpose of this
definition, a "hirer" means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.