Terms of Engagement for Temporary Staff
1. Definitions
1.1. In these Terms the following definitions apply:
“Assignment”
The period during which the Temporary Worker is supplied to complete services to the Client.
“Client”
The school, PRU, residential home, person or firm that requires the services of the Temporary Worker together with any subsidiary or associated company as defined by the Companies Act 1985.
“Employment Business”
Colmore Education Ltd, of JQ Modern, 120, Vyse Street, Birmingham B18 6NF.
“Temporary Worker (TW)”
The person who has agreed for the Employment Business to search for suitable Assignments for them
“Relevant Period”
The longer of either 14 weeks from the first day on which the TW worked for the Client, or 8 weeks from the day after the TW was last supplied by the Employment Business to the Client.
“Working Week”
An average of 48 hours each week calculated over a 17-week period
2. Assignments
2.1. Colmore Education Ltd will endeavour to obtain suitable Assignments for the TW.
2.2. During any Assignments, the TW will be working under this contract with Colmore Education Ltd. For the avoidance of doubt Colmore Education Ltd is not your employer and you are not its employee.
2.3. The TW acknowledges that specific legislation governing the tax treatment of TWs assigned by employment agencies requires his/her earnings to be subject to direct deduction of income tax and National Insurance contributions under PAYE regulations as if he/she were an employee.
3. Acknowledgements
3.1. The TW acknowledges that there may be periods when no suitable work is available and agrees that (a) his/her suitability for an Assignment or Client shall be determined solely by Colmore Education Ltd and (b) that Colmore Education Ltd shall incur no liability to the TW if it fails to offer them an Assignment.
4. Pay/ payment
4.1. Colmore Education Ltd shall arrange to pay the TW weekly in arrears, the rate agreed prior to each Assignment (never below the prevailing National Minimum Wage) which includes payment for holidays (irrespective of Colmore Education Ltd receiving payment from the Client in respect of such work) and shall arrange for all applicable deductions to be made (including tax, National Insurance contributions) where required by law including specific legislation governing the tax treatment of workers assigned by Employment Businesses.
4.2. Subject to any statutory entitlement under the relevant legislation, the TW is not entitled to receive payment under this Agreement for the time not spent working on Assignment, whether in respect of travelling to the Client’s premises, lunch breaks, holidays, illness or for any other reason, unless otherwise agreed.
4.3. To the extent permitted by law, and without prejudice to any other agreement which Colmore Education Ltd may have, the TW hereby
consents to the deduction of any sums owed by the TW to Colmore Education Ltd (including overpayment by Colmore Education Ltd to the TW and/ or costs incurred by Colmore Education Ltd as a result of a breach of this agreement by the TW).
4.4. The TW’s basic rate of pay (as notified to the TW either verbally or in writing) includes an additional element of holiday pay. This additional holiday pay represents 12.07% of the Gross TW’s hourly/daily rate of pay. The TW can elect to either have the holiday pay withheld and released upon request by the TW, or for it to be paid automatically in each pay period.
5. Timesheets
5.1. At the end of each week the Client completes a timesheet, confirming the number of hours/ days worked by the TW pursuant to
the Assignment. The Employment Business will then notify the TW of the content of the timesheet that the Client confirmed; the TW agrees to notify the Employment Business of any discrepancy within a reasonable time.
6. Availability for work
6.1. If the TW is unable for any reason to work on an Assignment, s/he shall inform Colmore Education Ltd as soon as possible and no later than 7am on the day of absence.
7. Undertakings
7.1. The TW undertakes to perform all Assignments to the best of his/her ability and confirms that all information and details of
qualifications they supply to Colmore Education Ltd are correct and undertakes to inform Colmore Education Ltd of any additional information that will affect any Assignment.
7.2. If the TW has provided the Employment Business with names of any person in order to seek a reference on the TW’s behalf, that such person is not a relative, unless the TW has informed the Employment Business otherwise.
7.3. The TW confirms that s/he has informed Colmore Education Ltd of any criminal convictions (spent and unspent, subject to the
filtering rules) and that s/he will advise Colmore Education Ltd immediately of any subsequent convictions or if s/he becomes subject to any kind of investigation or prosecution relating to a criminal act which could lead to a conviction arising.
8. Confidentiality
8.1. The TW will not at any time divulge to any person, any information in relation to the Clients’ or Colmore Education Ltd’s students, employees, business affairs, transactions or finances.
8.2. Upon termination of each Assignment (or on request), the TW shall return to the Client or Colmore Education Ltd all property belonging to or relating to their environment or business which is in the TW’s possession or control.
9. Restrictions on hours of work
9.1. The Working Time Regulations 1998 require that the TW shall not work on an Assignment with a Client in excess of an average of 48hrs
over the working week, unless s/he agrees in writing that this limit should not apply.
10. Termination
10.1. The Employment Business or the Client may terminate the TW’s Assignment at any time without prior notice or liability; however, the
Employment Agency will always endeavour to provide the TW with as much notice as possible.
10.2. The TW may terminate an Assignment at any time without prior notice or liability, however, Colmore Education Ltd ask to please
endeavour to give as much notice as possible.
10.3. If the TW does not inform the Employment Business [in accordance with clause 6.1] that they cannot attend work during an Assignment, it can be treated as termination of the Assignment by the TW, at the entire discretion of the Employment Business.
10.4. If the TW is absent during an Assignment and the contract has not been otherwise terminated, the Employment Business will be
entitled to terminate the contract in accordance with clause 10.1 if the work to which the absent worker was assigned is no longer available for the TW.
10.5. Where the TW does not report to the Employment Business to notify his/her availability for work for a period of three weeks, if
applicable, the Employment Business can arrange to forward his/her P45 to their last known address.
11. Withdrawal of Consent
11.1. The TW may end this agreement by giving Colmore Education Ltd one week’s notice in writing.
11.2. For the avoidance of doubt, any notice bringing this agreement to an end shall not be construed as termination by the TW of an Assignment with a Client.
11.3. Upon expiry of the notice period set out in clause 10.1 the working week limit shall apply with immediate effect.
11.4. If the TW has withdrawn consent to work in excess of the working week, the TW must inform the Client when they commence an Assignment.
12. Waiver
12.1 The failure by Colmore Education Ltd to enforce any one or more of the terms of this Agreement shall not be deemed a waiver of such
rights or of the right to subsequently enforce the terms of this Agreement. No variation or alterations of these terms shall be valid unless approved in writing by the TW and a Director of Colmore Education Ltd.
14. Validity
14.1 If any provision, clause or part-clause of this Agreement is held to be invalid, void, illegal or otherwise unenforceable by a judicial body, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law.
13. The Entire Agreement
13.1 This Agreement, together with the details agreed verbally or provided in any relevant Assignment Confirmation Letter, constitutes the entire and only legally binding agreement between the parties relating to each Assignment, and replaces any previous agreements or arrangements.
15. Governing Law
15.1 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.