CONTRACT WITH THE TEMPORARY WORKER – CONTRACT FOR SERVICES
CANDIDATE TERMS OF BUSINESS
- In these Terms of Engagement the following definitions apply:
“Assignment” – 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
“Employment Business” – means ATOM Education LTD of Registered
Office Address: 37 Tindal Road, Aylesbury, Buckinghamshire, HP20 1HT.
“Temporary Worker” – means …………………………………………………
[Insert Name Here).
Each assignment will be Education based working at one of our Clients which will either be a School; State, Independent or SEN. A Prison, Young Offenders Institute, Pupil Referral Unit or Secure Training Centre.
The type of work sought by Temporary Worker is ……………………………………………….
The type of institution if not a traditional school environment is to be within a
“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.
* The ‘first day’ will be the first occasion on which a Temporary Worker is supplied to work for
the Client or the first day of an assignment where there has been more than 42 days since the
end of any previous assignment.
1.2. Unless the context otherwise requires, references to the singular include the plural.
1.3. The headings contained in these Terms are for convenience only and do not affect
- THE CONTRACT
2.1. 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 between the 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 the Temporary Worker’s
remuneration in accordance with clause 4.1.
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 Temporary Worker
and 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.
3.1 The Employment Business will endeavour to obtain suitable Assignments for the
Temporary 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 temporary work means that
there may be periods when no suitable work is available and agrees: that the suitability
of the work to be offered shall be determined solely by the Employment Business; 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 and the Employment Business
during periods when the Temporary Worker 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 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 payable by or to the Temporary Worker; and any risks to 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 required by law to work in the Assignment.
3.4 Where such information is not given in 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 save where the Temporary Worker is
being offered an Assignment in the same position as one in which the Temporary
Worker had previously been supplied within the 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/days worked by the
Temporary Worker on an Assignment, the start date for the relevant averaging period
under the Working Time Regulations shall be 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 at the end of which the Temporary Worker
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
4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated
at a daily rate of £ ……………. that the Employment Business will agree with the Temporary
Worker prior to an assignment 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 Contributions 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.
4.3 Holiday Pay can be accrued via the Payroll Services we provide you with. You can claim
this payment (12.07% of Agreed Daily Rate) at intervals during your assignment or at the end
of your assignment.
5 SICKNESS / ABSENCE
5.1 The Temporary Worker may be eligible for Statutory Sick Pay provided that s/he meets
the relevant statutory criteria.
5.2 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
5.3 Subject to clause 7.3 The Employment Business shall pay the Temporary Worker for all
hours/days worked regardless of whether the Employment Business has received
payment from the Client for those hours.
5.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the
Temporary Worker’s working time shall only consist of those periods during which s/he
is carrying out 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.
5.5 Lateness – If a Temporary Worker is consistently late for work and there is not a valid reason for this Lateness, it may be necessary for the pay to be adjusted on a given day, dependent if the Client is willing to be charged the Full Day Rate.
6 CONDUCT OF ASSIGNMENTS
6.1 The Temporary Worker is not obliged to accept any Assignment offered by the
Employment Business but if s/he does so, during every Assignment and afterwards
where appropriate, s/he will: –
- a) Co-operate with the Client’s reasonable instructions and accept the direction,
supervision and control of any responsible 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 the Temporary
Worker might reasonably be expected to ascertain;
- c) 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
- d) Not engage in any conduct detrimental to the interests of the Client;
- e) 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 Client’s or the
Employment Business’ employees, business affairs, transactions or finances.
6.2 If the Temporary Worker is unable for any reason to attend work during the course of an
Assignment s/he should inform the Client and/or the Employment Business within one
hour of the commencement of the Assignment or shift.
6.3 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.
7.1 The Employment Business or the Client may terminate the Temporary Worker’s
Assignment at any time without prior notice or liability.
7.2 The Temporary Worker may terminate an Assignment at any time without prior notice or
7.3 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 or her from complying with clause 8.2.
7.4 If the Temporary Worker is absent during the course of an assignment and the contract
has not been otherwise terminated under clauses 9.1, 9.2 or 9.3 above the employment
business will be entitled to terminate the contract in accordance with clause 9.1 if the
work to which the absent worker was assigned is no longer available for the Temporary
7.5 If the Temporary Worker does not report to the Employment Business to notify his/her
availability for work for a period of three weeks, the Employment Business will forward
his/her P45 to his/her last known address.
8.1 These Terms are governed by the law of England & Wales and are subject to the
exclusive jurisdiction of the Courts of England & Wales
Signed by the Temporary Worker