Bertson Education - Providing quality teaching staff to the education industry

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Terms & Conditions:	1. DEFINITIONS 1.1. In terms of Engagement the following definitions apply:- “Assignments” means the period during which the Temporary Worker is supplied to render services to the Client; “Client” means the person, firm or corporate body requiring the services of the Temporary Worker [together with any subsidiary or associated company as defined by the Companies Act 1985]; “Employment” means Bertson Education of 29 Harley Street London W1G 9QR “Temporary Worker” means the registered party “Relevant Period” means the longer period of either 14 weeks from the first day on which the Temporary Worker worked for the client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client. 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. 2. THE CONTRACT 2.1 In these terms constitute a contract for services between the Employment Business and the Temporary Worker and they govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments. 2.2 For the avoidance of doubt, these Terms shall not give rise to a contract of Employment Business and the Temporary Worker. The Temporary Worker is engaged as a self-employed worker, although the Employment Business is required to make statutory deductions from his/her remuneration in accordance with clause 4.1. 2.3 No variation or alteration of these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the temporary Worker and are set out in writing and a copy of the varied terms is given to the Temporary worker stating the date on or after which such varied terms shall apply. 3. ASSIGNMENTS 3.1 The Employment business will endeavour to obtain suitable Assignments for the Temporary Worker to work as a Supply Teacher or Ancillary Worker. The Temporary Worker shall not be obliged to accept an assignment offered by the Employment Business. 3.2 The Temporary Worker acknowledges that the nature of the temporary work means that there may be periods when no suitable work is available and agrees: that suitability shall be determined solely by the Employment Business; and that the Employment Business shall incur no liability to the Temporary Worker should it fail to offer opportunities to work in the above category or in any other category; and that no contract shall exist between the Temporary Worker who is not working on an Assignment. 3.3 At the same time as an Assignment is offered to the temporary Worker the Employment Business shall inform the Temporary Worker of the identity of the Client, and if applicable the nature of their business; the date the work is to commence and the duration or likely duration of the work; the type of work, location and hours during which the Temporary Worker would be required to work; the rate of remuneration that will be paid and any expenses by or to the Temporary Worker; and any risks to the health and safety known to the Client in relation to the Assignment and the steps the Client has taken to prevent or control such risks. In addition the Employment Business shall inform the Temporary Worker what experience, training, qualifications and any authorisation required by law or a professional body the Client considers necessary or which are to work in the Assignment. 3.4 Where such information is not given in the paper form or by electronic means 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 where the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker had previous been supplied within previous five business days and such information has already been given to the Temporary Worker. 3.5 For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment, the start date for the relevant averaging period under the Working Time Regulations shall be on the date on which the Temporary Worker commences the first Assignment. 3.6 If, before the first Assignment, during the course of an Assignment or within the Relevant Period the Client wishes to employ the temporary Worker direct or through another Employment Business, the Temporary Worker acknowledges that the Employment Business will be entitled either to charge the Client a fee or to agree an extension of the hiring period with the Client or through another Employment Business may be engaged directly by the Client or through another employment business without further charge to the Client. In addition, the Employment Business will be entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a third party who subsequently engages the Temporary Worker within the relevant period. 4. REMUNERATION 4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated at a minimum daily rate of £65 being the minimum rate of remuneration that the Employment Business reasonably expects to achieve, for all hours worked during an Assignment (to the nearest half day) to be paid weekly in arrears, subject to deductions in respect of PAYE pursuant to sections 44-47 of the Income tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contribution and any other deductions which the Employment Business may be required by law to make. 4.2 Subject to any statutory entitlement under the relevant legislation, the Temporary Worker is not entitled to receive payment from the Employment Business or Clients for time not spent on Assignment, whether in respect of holidays , illness or absence for any other reason unless otherwise agreed. 5. STATUTORY LEAVE 5.1 For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year commences on the date that the Temporary Worker starts an Assignment or a series of Assignments. 5.2 Under the Working Time Regulations 1998, the Temporary Worker is entitled to 4 weeks’ paid leave per year. All entitlement to leave must be taken during the course of the leave year in which it accrues and none may be carried forward to the next year. 5.3 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year. The Temporary Worker agrees that payment in respect of the entitlement to paid leave shall be made together with and in addition to the Temporary Worker’s hourly rate. 5.4 In the course of any assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth his/her total holiday entitlement in each month of his leave year. Where the Temporary Worker wishes to take any leave to which he is entitled, he should notify the Employment Business in writing of the dates of his intended absence. The amount of notice which the Temporary Worker is required to give should be at least twice the length of the period of leave that he wishes to take. Unless the Employment Business informs the Temporary Worker in writing that it is not possible for him to take leave on the specified dates, the Temporary Worker shall be entitled to take up his notified leave entitlement. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving the same length of notice as the period of leave that has been requested. 5.5 Where a Bank holiday or other public holiday falls during an Assignment and the Temporary Worker does not work on that day, the public holiday shall count as part of the Temporary Worker’s paid annual leave entitlement. 5.6 None of the provisions of this clause regarding the statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker/ 6. SICKNESS ABSENCE 6.1 The Temporary Worker may be eligible for Statutory Sick Pay Provided that he/she meets the relevant statutory criteria. 6.2 For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week during the course of an assignment and that qualifying day shall be the Wednesday in every week. 7. TIME SHEETS 7.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Temporary Worker shall deliver to the Employment Business his/her time sheet duly completed to indicate the number of hours worked by him during the preceding week (or such lesser period) and signed by an authorised representative of the Client. 7.2 Subject to clause 7.3 The Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Client for those hours. 7.3 Where the Temporary Worker fails to submit a properly authenticated time sheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Temporary Worker and the reasons that the Client has refused to sign a time sheet in respect of those hours. This may delay payment due to the Temporary. The Employment Business shall make no payment to the Temporary Worker for hours not worked. 7.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the Temporary Workers working time shall only consist of those periods during which he/she is carrying out his/her activities or duties for the Client as part of the Assignment/ time spent travelling to the Client’s premises, lunch breaks and other rest breaks shall not count as part of the Temporary worker’s working time for these purposes. 8. CONDUCT OF ASSIGNMENTS 8.1 The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business but if he does so, during every Assignment and afterwards where appropriate, he will:- A) co-operate with the Client’s reasonable instructions and accept the direction, supervision and control of any reasonable person in the Client’s organisation; B) observe any relevant rules and regulations of the Client’s establishment (including normal hours of work) to which attention has been drawn or which Temporary Worker might reasonably be expected to ascertain. C) take all reasonable steps to safeguard his own health and safety and that of any other person who may be present or be affected by his actions on the Assignment and comply with the Health and Safety policies and procedures of Client; D) not be of any conduct detrimental to the interest of the Client; E) not any time divulge to any person, nor use for his own or any other person’s benefit, any confidential information relating to the Client’s or the Employment Business’ employees, business affairs, transactions or finances. 8.2 If the Temporary Worker is unable for any reason to attend work during the course of an assignment he should inform the Client or the Employment Business within one hour of the commencement of the assignment or shift. 8.3 If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why he may not be suitable for an Assignment, he shall notify the Employment Business without delay. 9. TERMINATION 9.1 The Employment Business or the Client may, without prior notice or liability, terminate the Temporary Worker’s Assignment at any time. 9.2 The Temporary Worker may terminate an Assignment at any time without prior notice subject to clause 9.6. 9.3 If the Temporary Worker does not inform the client or the Employment Business [in accordance with clause 8.2] should they be unable to attend work during the course of an assignment this will be treated as termination of the assignment by the Temporary Worker in accordance with clause 9.2 unless the Temporary Worker can show that exceptional circumstances prevented him from complying clause 8.2. 9.4 If the Temporary Worker is absent during the course of an assignment and the contract has not been otherwise terminated the Employment Business will be entitled to terminate the contract in accordance with clause 9.1if the work to which the absent worker was assigned is no longer available for the Temporary Worker, and clause 9.6 may also apply. 9.5 If the Temporary Worker does not report to the Employment Business to notify his availability for work for a period of three weeks, the Employment Business will forward his P45 to his last known address. 9.6 The Temporary Worker may incur reasonable costs and/or charges that may arise due to this notice of termination that does not comply with clause 8.2. Such costs and/or charges can or may be suspended from any salary and/or monies owed to the Temporary Worker in the first instance. 10. LAW 10.1 These Terms are governed by law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. Confidential Clause THIS AGREEMENT is made BETWEEN (1) Bertson Education and (2) [the Supply Teacher] IT IS AGREED that upon the commencement of an assignment with a school through Bertson Education, the Supply teacher agrees to the following terms and conditions; 1. The Supply teacher is aware that in the course of engagement under this agreement s/he will have access to and be entrusted with information in respect of the business, dealings, affairs and administration of schools all of which information is or may be confidential. 2. The Supply teacher shall not (except in the proper course of his/her duties) during or after a period of his/her engagement under this agreement divulge to any person whatever or otherwise make use of (and shall use his/her best endeavours to prevent the publication or disclosure of) any information, including but not limited to confidential information, concerning the business, dealings, affairs and administration of any school, it’s pupils, teachers and staff. 3. All notes and memoranda of any information, including but not limited to confidential information, concerning the business, dealings, affairs and administration of a school, it’s pupils, teachers and staff which shall be acquired received or made by the Supply Teacher during the course of any engagement shall be the property of the relevant school and shall be surrendered by the Supply Teacher to the Head teacher or in the absence of the Head Teacher, someone duly authorised in that behalf at the termination of his/her engagement or at the request of the relevant school at any time during the course of his/her engagement. 4. The Supply teacher shall not without the prior written consent of the relevant school either directly or indirectly publish any opinion fact or material, or deliver any lecture or address or participate in the making of any film radio broadcast or television transmission, or communicate with any representation of the media or any third party relating to the business, dealings, affairs or administration of the school or it’s pupils, teachers and staff. For the purpose of this clause ‘media’ shall include television (terrestrial satellite and cable) internet radio newspapers and other journalist publications. * I agree to the Terms & Conditions

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