Definitions

1.1. In these terms the following definitions apply:

“Actual Rate of Pay” means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay confirmed by the hirer which will be paid for all time worked during an Assignment for each hour worked and assuming a typical working day of 6.5 hours per day, which shall be no less than the Minimum Rate. The Actual Rate of Pay comprises basic pay and statutory holiday pay (which is calculated at 12.07% per hour/day worked) and is itemised on the worker’s payslip; Such rate will be paid for all time worked during an Assignment or a day rate where applicable, weekly in arrears, subject to deductions for the purpose of National Insurance, PAYE, absences or any other purpose for which The Youth Education Service Recruitment Ltd. is required by law or court order or as agreed herein to make deductions

“Actual QP Rate of Pay” means the rate of pay confirmed by the hirer which will be paid to the Agency Worker if and when s/he completes the Qualifying Period, assuming a typical working day of 6.5 hours per day, which shall be no less than the Minimum Rate. The Actual QP Rate of Pay comprises basic pay and statutory holiday pay (which is calculated at 12.07% per hour/day worked) and is itemised on the worker’s payslip; Such rate will be paid for all time worked during an Assignment or a day rate where applicable, weekly in arrears, subject to deductions for the purpose of National Insurance, PAYE, absences or any other purpose for which The Youth Education Service Recruitment Ltd. is required by law or court order or as agreed herein to make deductions

“Agency worker/Temporary Worker/Candidate” means the individual who is supplied/introduced by the Employment Business to provide services to the Hirer;

“Assignment” means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;

“AWR” means the Agency Worker 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;

“Data Protection Laws” means the Data Protection Act 1998, the General Data Protection Regulation (EU 2016/679) and any applicable statutory and regulatory

provisions in force from time to time relating to the protection and transfer of personal data;

“Emoluments” means any pay in addition to the Actual QP Rate of Pay;

“Employment Business” means The Youth Education Service Recruitment Ltd. (Registered Company number 15683822) Trading as The Youth Education Service;

“Engagement” means the engagement (including the Agency Worker’s acceptance of the Hirer’s offer), employment or use of the Agency Worker by the Hirer or any third party to whom the Agency 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 Agency Worker is an officer, employee or other representative, an agency, license, 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:

a. the Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker works in the relevant Assignment; and

b. 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 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);

“Hirer/client” means the person, firm, school or corporate body together with any subsidiary or associated person, firm, school or corporate body (as the case may be) to whom the Agency Worker is supplied or introduced;

“Minimum Rate” means no less than the statutory National Living Wage or National Minimum Wage, plus statutory holiday pay which is calculated at 12.07% per hour/day worked;

“Period of Extended Hire” means any additional period that the Hirer wishes the Agency 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 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, 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 Agency 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 Agency 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;

“Temporary Work Agency” has the meaning set out in regulation 4 of the Agency Workers Regulations;

“WTR” means the Working Time Regulations 1998;

2. The Contract

2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Agency Worker.

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.

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 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 (as amended) when introducing or supplying the Agency Worker for Assignments with its Hirers.

3. The Youth Education Service Obligations and Responsibilities

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. 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 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;

3.2.2. and 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 to the Agency Worker.

3.3. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with:

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 Actual Rate of Pay that will be paid 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;

3.3.6. And 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. For the purpose of calculating the average number of weekly hours worked by the Agency 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 Agency Worker commences the first Assignment.

3.5. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly 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 a Period of Extended Hire 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 Transfer Fee to the Hirer if the Hirer introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

4. Agency Worker 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.

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, ID cards, keys or IT equipment;

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 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;

4.2.2. 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;

4.2.3. And inform the Employment Business if s/he has prior to the date of 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:

(a) completed two or more assignments with the Hirer;

(b) and/or 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 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.

4.6. 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;

4.7. If the Agency Worker considers that s/he has not or may not have received equal treatment under Agency Workers Regulations, the Agency Worker may raise this in writing with the Employment Business’s Director setting out as fully as possible the basis of his/her concerns.

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 Agency Worker shall deliver to the Employment Business a timesheet completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer, or an electronic timesheet as directed and specified by the Employment Business for each assignment.

5.2. Where the Temporary Worker fails to submit a properly authenticated timesheet the Employment Business shall conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Hirer has refused to sign a timesheet in respect of those hours. The Youth Education Service shall not be responsible for the consequences of any delay in payment due to the failure of the Temporary Worker to submit correctly completed timesheets authorised by the Client. The Youth Education

Service may delay payment while it makes any reasonable enquiries to verify the timesheet or approval / signature, or if the timesheet requires further Client authorisation. The Employment Business shall make no payment to the Agency Worker for hours not worked.

5.3. For the avoidance of doubt and for the purposes of the WTR, 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. Pay and Deductions

6.1. For each Assignment the Employment Business shall pay to the Agency Worker an agreed rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the Booking Confirmation.

6.2. If the Agency 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 Agency Worker the Actual QP Rate of Pay which will be notified on a per Assignment basis and set out in the Booking Confirmation.

6.3. The Actual Rate of Pay 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 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.

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 Agency Worker’s pay any sums which s/he may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency 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 Agency Worker is entitled to paid annual leave according to 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 (28 days).

7.2. Payment of the Agency Worker’s entitlement to holiday pay under the WTR shall be calculated and paid proportionately in advance according to the amount of time worked by the Agency Worker on Assignments.

7.3. The Agency Worker agrees in respect of all Assignments to receive payment of statutory holiday entitlement in advance of the leave period (calculated at 12.07% per hour/day worked) paid as a part of The Actual Rate of Pay, and/or the Actual QP Rate of Pay, and comprising basic pay and statutory holiday pay.

7.4. If the Agency Worker becomes entitled on completion of the Qualifying Period to holiday pay in excess of entitlements under the WTR, this additional holiday pay will be included in the Actual QP Rate of Pay.

7.5. Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency 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 Booking Confirmation.

7.6. None of the provisions of this clause regarding statutory entitlement to paid leave shall affect the Agency Worker’s status a self-employed worker.

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 Confirmation 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 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 (as required in clause 4.3) 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 12 weeks, this contract for services will automatically terminate and 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. Confidentiality

11.1. In order to protect the confidentiality 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 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 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 Agency Worker acknowledges that the Employment Business must process personal data about him/her in order to properly fulfil 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. Criminal Convictions And Cautions

13.1. Anyone applying for employment in a school in a capacity involving contact with children under the age of 18 is exempt from the Provisions of the Rehabilitation of Offenders Act 1974 by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendments) Order 1986. The Agency Worker is, therefore, not entitled to withhold information about convictions, cautions or additional information 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. The DBS website (https://www.gov.uk/government/publications/dbs-filteringguidance) has more information about DBS filtering.

13.2. The Agency Worker agrees to complete an Enhanced Disclosure and Barring Service (DBS) disclosure application and give

check the DBS Update Service for the purposes of obtaining an up-to date criminal record background check for any relevant assignments.

13.3. Agency Workers who have not been resident in the UK for more than five 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.

13.5. The Agency Worker gives the Employment Business permission to securely hold a copy of his/her DBS certificate on file and share relevant DBS information with the Hirer.

14. 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.

15. 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 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. 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.

17. 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.