{"id":103,"date":"2017-01-25T16:20:07","date_gmt":"2017-01-25T16:20:07","guid":{"rendered":"http:\/\/atomnew.recsite.com\/?page_id=103"},"modified":"2017-01-25T16:20:07","modified_gmt":"2017-01-25T16:20:07","slug":"terms-and-conditions-candidate","status":"publish","type":"page","link":"https:\/\/atomeducation.co.uk\/?page_id=103","title":{"rendered":"Terms and Conditions Candidate"},"content":{"rendered":"

CONTRACT WITH THE TEMPORARY WORKER \u2013 CONTRACT FOR SERVICES<\/strong><\/p>\n

CANDIDATE TERMS OF BUSINESS<\/strong><\/p>\n

    \n
  1. DEFINITIONS<\/strong><\/li>\n<\/ol>\n
      \n
    • In these Terms of Engagement the following definitions apply:<\/li>\n<\/ul>\n

      \u201cAssignment\u201d – <\/strong>means the period during which the Temporary<\/p>\n

      Worker is supplied to render services to the Client.<\/p>\n

      \u201cClient\u201d – <\/strong>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<\/p>\n

      1985.<\/p>\n

      \u201cEmployment Business\u201d – <\/strong>means ATOM Education LTD of Registered<\/p>\n

      Office Address: 37 Tindal Road, Aylesbury, Buckinghamshire, HP20 1HT.<\/p>\n

      \u201cTemporary Worker\u201d – <\/strong>means \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n

      [Insert Name Here).<\/em><\/p>\n

      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.<\/p>\n

      The type of work sought by Temporary Worker is \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.<\/p>\n

      The type of institution if not a traditional school environment is to be within a<\/p>\n

       <\/p>\n

      \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.<\/p>\n

      \u00a0<\/em><\/p>\n

      \u00a0<\/strong><\/p>\n

      \u00a0<\/strong>\u201cRelevant Period\u201d – <\/strong>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.<\/p>\n

      * The \u2018first day\u2019 will be the first occasion on which a Temporary Worker is supplied to work for<\/p>\n

      the Client or the first day of an assignment where there has been more than 42 days since the<\/p>\n

      end of any previous assignment.<\/p>\n

       <\/p>\n

      1.2. Unless the context otherwise requires, references to the singular include the plural.<\/p>\n

       <\/p>\n

      1.3. The headings contained in these Terms are for convenience only and do not affect<\/p>\n

      their interpretation.<\/p>\n

       <\/p>\n

        \n
      1. THE CONTRACT<\/strong><\/li>\n<\/ol>\n

        \u00a0<\/strong><\/p>\n

        2.1. These Terms constitute a contract for services between the Employment Business and<\/p>\n

        the Temporary Worker and they govern all Assignments undertaken by the Temporary<\/p>\n

        Worker. However, no contract shall exist between the Employment Business and the<\/p>\n

        Temporary Worker between Assignments.<\/p>\n

         <\/p>\n

        2.2. For the avoidance of doubt, these Terms shall not give rise to a contract of<\/p>\n

        employment between the Employment Business and the Temporary Worker. The<\/p>\n

        Temporary Worker is engaged as a self-employed worker, although the Employment<\/p>\n

        Business is required to make statutory deductions from the Temporary Worker\u2019s<\/p>\n

        remuneration in accordance with clause 4.1.<\/p>\n

         <\/p>\n

        2.3 No variation or alteration to these Terms shall be valid unless the details of such<\/p>\n

        variation are agreed between the Employment Business and the Temporary Worker<\/p>\n

        and set out in writing and a copy of the varied terms is given to the Temporary Worker<\/p>\n

        stating the date on or after which such varied terms shall apply.<\/p>\n

         <\/p>\n

          \n
        1. ASSIGNMENTS<\/strong><\/li>\n<\/ol>\n

          \u00a0<\/strong>3.1 The Employment Business will endeavour to obtain suitable Assignments for the<\/p>\n

          Temporary Worker. The Temporary Worker shall not be obliged to accept an<\/p>\n

          Assignment offered by the Employment Business.<\/p>\n

           <\/p>\n

          3.2 The Temporary Worker acknowledges that the nature of temporary work means that<\/p>\n

          there may be periods when no suitable work is available and agrees: that the suitability<\/p>\n

          of the work to be offered shall be determined solely by the Employment Business; that<\/p>\n

          the Employment Business shall incur no liability to the Temporary Worker should it fail<\/p>\n

          to offer opportunities to work in the above category or in any other category; and that no<\/p>\n

          contract shall exist between the Temporary Worker and the Employment Business<\/p>\n

          during periods when the Temporary Worker is not working on an Assignment.<\/p>\n

           <\/p>\n

          3.3 At the same time as an Assignment is offered to the Temporary Worker the<\/p>\n

          Employment Business shall inform the Temporary Worker of the identity of the Client,<\/p>\n

          and the nature of their business; the date the work is to commence and the<\/p>\n

          duration or likely duration of the work; the type of work, location and hours during which<\/p>\n

          the Temporary Worker would be required to work; the rate of remuneration that will be<\/p>\n

          paid and any expenses payable by or to the Temporary Worker; and any risks to health<\/p>\n

          and safety known to the Client in relation to the Assignment and the steps the Client<\/p>\n

          has taken to prevent or control such risks. In addition the Employment Business shall<\/p>\n

          inform the Temporary Worker what experience, training, qualifications and any<\/p>\n

          authorisation required by law or a professional body the Client considers necessary or<\/p>\n

          which are required by law to work in the Assignment.<\/p>\n

           <\/p>\n

          3.4 Where such information is not given in paper form or by electronic means it shall be<\/p>\n

          confirmed by such means by the end of the third business day (excluding Saturday,<\/p>\n

          Sunday and any public or Bank holiday) following save where the Temporary Worker is<\/p>\n

          being offered an Assignment in the same position as one in which the Temporary<\/p>\n

          Worker had previously been supplied within the previous five business days and such<\/p>\n

          information has already been given to the Temporary Worker.<\/p>\n

           <\/p>\n

          3.5 For the purpose of calculating the average number of weekly hours\/days worked by the<\/p>\n

          Temporary Worker on an Assignment, the start date for the relevant averaging period<\/p>\n

          under the Working Time Regulations shall be the date on which the Temporary Worker<\/p>\n

          commences the first Assignment.<\/p>\n

           <\/p>\n

          3.6 If, before the first Assignment, during the course of an Assignment or within the<\/p>\n

          Relevant Period the Client wishes to employ the Temporary Worker direct or through<\/p>\n

          another employment business, the Temporary Worker acknowledges that the<\/p>\n

          Employment Business will be entitled either to charge the Client a fee or to agree an<\/p>\n

          extension of the hiring period with the Client at the end of which the Temporary Worker<\/p>\n

          may be engaged directly by the Client or through another employment business<\/p>\n

          without further charge to the Client. In addition the Employment Business will be<\/p>\n

          entitled to charge a fee to the Client if the Client introduces the Temporary Worker to a<\/p>\n

          third party who subsequently engages the Temporary Worker within the Relevant<\/p>\n

          Period.<\/p>\n

           <\/p>\n

          4 REMUNERATION<\/strong><\/p>\n

          \u00a0<\/strong><\/p>\n

          4.1 The Employment Business shall pay to the Temporary Worker remuneration calculated<\/p>\n

          at a daily rate of \u00a3 \u2026\u2026\u2026\u2026\u2026. that the Employment Business will agree with the Temporary<\/p>\n

          Worker prior to an assignment to be paid weekly in arrears, subject to deductions in<\/p>\n

          respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and<\/p>\n

          Pensions) Act 2003 and Class 1 National Insurance Contributions and any other<\/p>\n

          deductions which the Employment Business may be required by law to make.<\/p>\n

           <\/p>\n

          4.2 Subject to any statutory entitlement under the relevant legislation, the Temporary<\/p>\n

          Worker is not entitled to receive payment from the Employment Business or Clients for<\/p>\n

          time not spent on Assignment, whether in respect of holidays, illness or absence for any<\/p>\n

          other reason unless otherwise agreed.<\/p>\n

           <\/p>\n

          4.3 Holiday Pay can be accrued via the Payroll Services we provide you with. You can claim<\/p>\n

          this payment (12.07% of Agreed Daily Rate) at intervals during your assignment or at the end<\/p>\n

          of your assignment.<\/p>\n

           <\/p>\n

          5 SICKNESS \/ ABSENCE<\/strong><\/p>\n

          \u00a0<\/strong><\/p>\n

          5.1 The Temporary Worker may be eligible for Statutory Sick Pay provided that s\/he meets<\/p>\n

          the relevant statutory criteria.<\/p>\n

           <\/p>\n

          5.2 For the purposes of the Statutory Sick Pay scheme there is one qualifying day per week<\/p>\n

          during the course of an assignment and that qualifying day shall be the Wednesday in<\/p>\n

          every week.<\/p>\n

           <\/p>\n

          5.3 Subject to clause 7.3 The Employment Business shall pay the Temporary Worker for all<\/p>\n

          hours\/days worked regardless of whether the Employment Business has received<\/p>\n

          payment from the Client for those hours.<\/p>\n

           <\/p>\n

          5.4 For the avoidance of doubt and for the purposes of the Working Time Regulations, the<\/p>\n

          Temporary Worker\u2019s working time shall only consist of those periods during which s\/he<\/p>\n

          is carrying out activities or duties for the Client as part of the Assignment. Time spent<\/p>\n

          travelling to the Client\u2019s premises; lunch breaks and other rest breaks shall not count as<\/p>\n

          part of the Temporary Worker\u2019s working time for these purposes.<\/p>\n

           <\/p>\n

          5.5 Lateness \u2013 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.<\/p>\n

           <\/p>\n

          6 CONDUCT OF ASSIGNMENTS<\/strong><\/p>\n

          \u00a0<\/strong><\/p>\n

          6.1 The Temporary Worker is not obliged to accept any Assignment offered by the<\/p>\n

          Employment Business but if s\/he does so, during every Assignment and afterwards<\/p>\n

          where appropriate, s\/he will: \u2013<\/p>\n

           <\/p>\n

            \n
          1. a) Co-operate with the Client\u2019s reasonable instructions and accept the direction,<\/li>\n<\/ol>\n

            supervision and control of any responsible person in the Client\u2019s organisation;<\/p>\n

             <\/p>\n

              \n
            1. b) Observe any relevant rules and regulations of the Client\u2019s establishment (including<\/li>\n<\/ol>\n

              normal hours of work) to which attention has been drawn or which the Temporary<\/p>\n

              Worker might reasonably be expected to ascertain;<\/p>\n

               <\/p>\n

                \n
              1. c) Take all reasonable steps to safeguard his or her own health and safety and that of<\/li>\n<\/ol>\n

                any other person who may be present or be affected by his or her actions on the<\/p>\n

                Assignment and comply with the Health and Safety policies and procedures of the<\/p>\n

                Client;<\/p>\n

                 <\/p>\n

                  \n
                1. d) Not engage in any conduct detrimental to the interests of the Client;<\/li>\n<\/ol>\n

                   <\/p>\n

                    \n
                  1. e) Not at any time divulge to any person, nor use for his or her own or any other<\/li>\n<\/ol>\n

                    person\u2019s benefit, any confidential information relating to the Client\u2019s or the<\/p>\n

                    Employment Business\u2019 employees, business affairs, transactions or finances.<\/p>\n

                    6.2 If the Temporary Worker is unable for any reason to attend work during the course of an<\/p>\n

                    Assignment s\/he should inform the Client and\/or the Employment Business within one<\/p>\n

                    hour of the commencement of the Assignment or shift.<\/p>\n

                     <\/p>\n

                    6.3 If, either before or during the course of an Assignment, the Temporary Worker<\/p>\n

                    becomes aware of any reason why he may not be suitable for an Assignment, he shall<\/p>\n

                    notify the Employment Business without delay.<\/p>\n

                     <\/p>\n

                    7 TERMINATION<\/strong><\/p>\n

                    \u00a0<\/strong><\/p>\n

                    7.1 The Employment Business or the Client may terminate the Temporary Worker\u2019s<\/p>\n

                    Assignment at any time without prior notice or liability.<\/p>\n

                     <\/p>\n

                    7.2 The Temporary Worker may terminate an Assignment at any time without prior notice or<\/p>\n

                    liability.<\/p>\n

                     <\/p>\n

                    7.3 If the Temporary Worker does not inform the Client or the Employment Business [in<\/p>\n

                    accordance with clause 8.2] should they be unable to attend work during the course of<\/p>\n

                    an assignment this will be treated as termination of the assignment by the Temporary<\/p>\n

                    Worker in accordance with clause 9.2 unless the Temporary Worker can show that<\/p>\n

                    exceptional circumstances prevented him or her from complying with clause 8.2.<\/p>\n

                     <\/p>\n

                    7.4 If the Temporary Worker is absent during the course of an assignment and the contract<\/p>\n

                    has not been otherwise terminated under clauses 9.1, 9.2 or 9.3 above the employment<\/p>\n

                    business will be entitled to terminate the contract in accordance with clause 9.1 if the<\/p>\n

                    work to which the absent worker was assigned is no longer available for the Temporary<\/p>\n

                    Worker.<\/p>\n

                     <\/p>\n

                    7.5 If the Temporary Worker does not report to the Employment Business to notify his\/her<\/p>\n

                    availability for work for a period of three weeks, the Employment Business will forward<\/p>\n

                    his\/her P45 to his\/her last known address.<\/p>\n

                     <\/p>\n

                    8 LAW<\/strong>\u00a0<\/strong><\/p>\n

                    8.1 These Terms are governed by the law of England & Wales and are subject to the<\/p>\n

                    exclusive jurisdiction of the Courts of England & Wales<\/p>\n

                    __________________________________<\/p>\n

                    Signed by the Temporary Worker<\/em><\/strong><\/p>\n

                    Name: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..<\/p>\n

                    (Print_<\/p>\n

                    Date _______________________________<\/p>\n","protected":false},"excerpt":{"rendered":"

                    CONTRACT WITH THE TEMPORARY WORKER \u2013 CONTRACT FOR SERVICES CANDIDATE TERMS OF BUSINESS DEFINITIONS In these Terms of Engagement the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/pages\/103"}],"collection":[{"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=103"}],"version-history":[{"count":1,"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/pages\/103\/revisions"}],"predecessor-version":[{"id":104,"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=\/wp\/v2\/pages\/103\/revisions\/104"}],"wp:attachment":[{"href":"https:\/\/atomeducation.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}