Please read through the terms of engagement for agency workers (contract for services) below. Your signature is required at the end of this document to confirm your acceptance of the terms and conditions contained herein.

Connex Education Partnership Limited

Terms of engagement for agency workers (contract for services)

1. Definitions and Interpretations

1.1. In these Terms the following definitions apply:

“Actual Rate of Pay” means, unless and until the Temporary Worker has completed the Qualifying Period, the rate of pay which will be paid for each hour worked during an Assignment in arrears, subject to Deductions and any Agreed Deductions, as set out in the relevant Assignment Confirmation Form and assuming a typical working day of 6 hours per day and which shall not be less than the statutory National Living Wage (or National Minimum Wage) subject to Deductions and Agreed Deductions. Temporary Workers are paid on a weekly basis on Friday;

“Actual Qualifying Period Rate of Pay” means the rate of pay which will be paid to the Temporary Worker if and when the Temporary Worker completes the Qualifying Period. Such rate will be paid for each hour worked during an Assignment in arrears, subject to Deductions and any Agreed Deductions, as set out in any variation to the relevant Assignment Confirmation Form and assuming a typical working day of 6 hours per day and which shall not be less than the statutory National Living Wage (or National Minimum Wage) subject to Deductions and Agreed Deductions;

“Agency Workers Regulations” or “AWR” means the Agency Workers Regulations 2010;

“Agreed Deductions” means any deductions the Temporary Worker has agreed can be made from their pay;

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

“Assignment Confirmation Form” means written confirmation of the assignment details to be given to the Temporary Worker following acceptance of the Assignment;

“AWR Role” means the role you will be engaged with for an assignment and is based on the assignment details provided by the Hirer. The AWR Role will be detailed in the Assignment Confirmation Form. If you believe the actual assignment role is different or changes during your assignment then it is your responsibility to let Connex know immediately, so they can agree the appropriate AWR Role and pay rate with the Hirer;

“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;

“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Temporary Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;

“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and “Controls” and “Controlled” shall be construed accordingly;

“Data Protection Laws” means the Data Protection Act 2018, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;

“Deductions” means any deductions which the Employment Business may be required by law to make and in particular in respect of PAYE pursuant to Sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 and Class 1 National Insurance Contributions;

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

“Employment Business” means Connex Education Partnership Limited (registered company number 9942486) of Unit A, Telford Court, Gates Business Park, Chester CH1 6LT;

“Engagement” means the engagement (including the Temporary Worker’s acceptance of the Hirer’s offer), employment or use of the Temporary Worker by the Hirer or any third party to whom the Temporary 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 Temporary 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 the relevant Assignment; or if, prior to the relevant Assignment: a) the Temporary Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Temporary 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 Temporary 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” means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Temporary Worker is supplied or introduced;

“Hirer's Group” means: a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;

“Period of Extended Hire” means any additional period that the Hirer wishes the Temporary 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 Temporary 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 1 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 Temporary 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 Temporary 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” means Connex Education Partnership;

“Temporary Worker” means the Temporary Worker to be supplied by the Employment Business to provide services to the Hirer;

“Terms” means these Terms of Engagement (including the attached schedule) together with any applicable Assignment Confirmation Form;

“Transfer Fee” means the fee payable by the Hirer to the Employment Business in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations; into as set out at the end of these terms;

“Type of Work” means the type of work that the Employment Business expects to supply the Agency Worker into as set out at the end of these terms;

“Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen; and

“Working Time Regulations” means the Working Time Regulations 1998.

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.

1.4. Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these Terms) and all subordinate legislation made (before or after these Terms) under it from time to time.

2. The Contract

2.1. These Terms constitute the entire agreement between the Employment Business and the Temporary Worker for the supply of services to the Hirer and they shall govern all Assignments undertaken by the Temporary Worker. However, no contract shall exist between the Employment Business and the Temporary Worker between Assignments. These Terms shall prevail over any other terms put forward by the Temporary Worker.

2.2. During an Assignment the Temporary Worker will be engaged on a contract for services by the Employment Business on these Terms. For the avoidance of doubt, the Temporary Worker is not an employee of the Employment Business. These Terms shall not give rise to a contract of employment between the Employment Business and the Temporary Worker, or the Temporary Worker and the Hirer. The Temporary Worker is supplied as a worker, and is entitled to certain statutory rights as such, but nothing in these Terms shall be construed as giving the Temporary Worker rights in addition to those provided by statute except where expressly stated.

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 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 Temporary Worker for Assignments with its Hirers.

3. Assignments and Information to be provided

3.1. The Employment Business will endeavour to obtain suitable Assignments for the Temporary Worker to perform the agreed Type of Work. The Temporary Worker shall not be obliged to accept any 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:

3.2.1. the suitability of the work to be offered shall be determined solely by the Employment Business; and

3.2.2. the Employment Business shall incur no liability to the Temporary Worker should it fail to offer Assignments of the Type of Work or any other work to the Temporary Worker

3.3. At the same time as an Assignment is offered to the Temporary Worker the Employment Business shall provide the Temporary Worker with an Assignment Confirmation Form setting out the following:

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 AWR Role, Type of Work, location and hours during which the Temporary Worker would be required to work;

3.3.4. the Actual Pay Rate that will be paid and any expenses payable by or to the Temporary 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; and

3.3.6. 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. 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:

3.4.1. the Temporary Worker is being offered an Assignment in the same position as one in which the Temporary Worker has previously been supplied within the previous 5 business days and such information has already been given to the Temporary Worker and remains unchanged; or

3.4.2. subject to clause 3.5, the Assignment is intended to last for 5 consecutive business days or less and such information has previously been given to the Temporary Worker before and remains unchanged, the Employment Business needs only to provide written confirmation of the identity of the Hirer and the likely duration of the Assignment.

3.5. Where the provisions of clause 3.4.2 are met but the Assignment extends beyond the intended 5 consecutive business day period, the Employment Business shall provide such information set out in clause 3 to the Temporary Worker in paper or electronic form within 8 days of the start of the Assignment.

3.6. For the purpose of calculating the average number of weekly hours worked by the Temporary Worker on an Assignment for the purposes of the Working Time Regulations, the start date for the relevant averaging period shall be the date on which the Temporary Worker commences the first Assignment.

3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Temporary Worker directly or through another employment business, the Temporary 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 Temporary 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 Temporary Worker to a third party (other than another employment business) who subsequently Engages the Temporary Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.

3.8. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, and if the Temporary Worker is entitled to any terms and conditions relating to the duration of working time, night work, rest periods and/or rest breaks under the Agency Workers Regulations which are different and preferential to rights and entitlements relating to the same under the Working Time Regulations, any such terms and conditions will be as set out in the relevant Assignment Confirmation Form or any variation to the relevant Assignment Confirmation Form (as appropriate).

3.9. The Temporary Worker, will inform the Employment Business if at any time a complaint or allegation is brought against the Temporary Worker either while on an Assignment through the Employment Business or while engaged in any other similar work with Vulnerable Persons. The Temporary Worker, will inform the Employment Business if at any time he/she is arrested or accused of a criminal offence.

4. Temporary Worker's Obligations

4.1. The Temporary Worker is not obliged to accept any Assignment offered by the Employment Business.

4.2. The Temporary Worker will co-operate with the Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation.

4.3. The Temporary Worker will 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 Temporary Worker might reasonably be expected to ascertain.

4.4. The Temporary Worker will provide the services to the highest possible professional standards (where appropriate) and shall in any event provide the services to such standard as may be reasonably required by the Hirer during such hours as may be agreed from time to time with the Employment Business.

4.5. The Temporary Worker will 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.

4.6. The Temporary Worker will 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 and/or which results in the loss of custom or business by either the Employment Business or the Hirer and to fully and effectively indemnify the Employment Business against any breach of this agreement.

4.7. The Temporary Worker will comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Hirer’s business, including without limitation, any equal opportunities or non-harassment policies.

4.8. The Temporary Worker will not take any computer media onto the Hirer’s establishment or load any computer media onto any system of the Hirer unless specifically authorised to do so by a responsible person in the Hirer’s organisation.

4.9. The Temporary Worker will 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.

4.10. The Temporary Worker will co-operate with the Employment Business in the completion and renewal of all mandatory checks, including in relation to the Temporary Worker’s right to work in the United Kingdom.

4.11. The Temporary Worker will provide the Employment Business with copies of any relevant qualifications or authorisations including an up-to-date Disclosure and Barring Service certificate and two references which are from persons who are not related to the Temporary Worker.

4.12. The Temporary Worker will 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 Temporary Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, materials, documents, swipe cards or ID cards, uniforms, personal protective equipment or clothing.

4.13. If the Temporary 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 Temporary Worker undertakes to:

4.13.1. 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 Temporary Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Temporary Worker believes count or may count toward the Qualifying Period;

4.13.2. 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; and

4.13.3. inform the Employment Business if, since 1 October 2011, the Temporary Worker 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 Agency Worker Regulations because the Temporary Worker has:

4.13.3.1. completed two or more assignments with the Hirer or with any member of the Hirer’s Group or Multi Academy Trust;

4.13.3.2. completed at least one assignment with the Hirer and one or more earlier assignments with any member of the Hirer’s Group or Multi Academy Trust; and/or

4.13.3.3. worked in more than two roles during an assignment with the Hirer’s Group or Multi Academy Trust and on at least two occasions worked in a role that was not the same role as the previous

4.14. If the Temporary Worker is unable for any reason to attend work during the course of an Assignment the Temporary Worker should inform the Employment Business within 1 hour before the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Temporary Worker should alternatively inform the Hirer and then the Employment Business as soon as possible.

4.15. If, either before or during the course of an Assignment, the Temporary Worker becomes aware of any reason why the Temporary Worker may not be suitable for an Assignment, the Temporary Worker shall notify the Employment Business without delay.

4.16. The Temporary Worker acknowledges that any breach of the Temporary Worker’s 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 Temporary Worker.

4.17. The Temporary Worker will inform the Employment Business if the Temporary Worker’s state of health changes in such a way as to affect the Temporary Worker’s suitability to work.

4.18. The Temporary Worker warrants to the Employment Business that all information which the Temporary Worker has provided to date to the Hirer and/or the Employment Business and which he/she may hereafter provide is and will be true and accurate in all respects.

4.19. The Temporary Worker will declare and keep updated, the Employment Business on any details of any criminal records including pending prosecutions, convictions, cautions and bind overs. The information you give will be regarded as confidential and will only be disclosed in relation to appointment in schools. Further details are provided in the Registration & Consent Form that you are required to sign before your first assignment and can be found in Your Candidate Portal.

4.20. The Temporary Worker accepts that failure to declare any pending/unspent prosecution, conviction, caution (excluding youth cautions, reprimands or warning) or bind over including those regarded as spent that are not protected as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020 is an offence and may disqualify you from appointment, or result in your appointment being terminated when the discrepancy comes to light with possible referral to the police and Teaching Regulations Agency (TRA) or other 3rd party agency as required.

4.21. The Temporary Worker will declare and keep updated, the Employment Business on any details of any ongoing or new allegations or disciplinary enquiry made against the Temporary Worker. The information you give will be regarded as confidential and will only be disclosed in relation to appointment in schools. . Further details are provided in the Registration & Consent Form that you are required to sign before your first assignment and can be found in Your Candidate Portal.

4.22. The Temporary Worker accepts that failure to declare any new or ongoing allegations or disciplinary enquiry may result in your appointment being terminated when the discrepancy comes to light with possible referral to the police and Teaching Regulations Agency (TRA) or other 3rd party agency as required.

4.23. The Temporary Worker warrants that it will read the Supply Staff Handbook with particular attention to those sections specific to Safeguarding, Physical Contact with Children, Criminal Record and Disclosure & Barring Service. The Supply Staff Handbook can be found in Your Candidate Portal.

4.24. The Temporary Worker warrants that it will complete any required Job Ready Training or ongoing skills development courses as required by Connex Education including any updates in guidance as per any Keeping Children Safe in Education updates.

5. Timesheets

5.1. The Temporary Worker shall co-operate with the Hirer to ensure that the Hirer shall approve a timesheet (paper or electronic, as may be agreed between the Hirer and the Employment Business) verifying the number of hours worked by the Temporary Worker during 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). Approval of timesheets must be received by the Employment Business no later than 12pm on a Monday for the previous week unless otherwise requested by the Employment Business.

5.2. Subject to clause 3 the Employment Business shall pay the Temporary Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours. The Employment Business shall be entitled to rely on a timesheet approved in accordance with clause 5.1 above as prima facie evidence of the hours worked unless the Temporary Worker can provide evidence to the contrary to the reasonable satisfaction of the Employment Business.

5.3. Where the Employment Business does not receive an approved timesheet pursuant to clause 5.1 above, the Employment Business shall, in a timely fashion, 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. This may delay any payment due to the Temporary Worker. The Employment Business shall make no payment to the Temporary Worker for hours not worked.

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 the Temporary Worker 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 Temporary Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Confirmation Form or any variation to the relevant Assignment Confirmation Form which the Employment Business may make for the purpose of compliance with the Agency Workers Regulations.

5.5. The Temporary Worker acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, for example by claiming payment for hours that were not actually worked.

6. Remuneration

6.1. Unless stipulated on the Assignment Details a full day’s work is recorded as 6 hours and a half days work as 3 hours. The Actual Rate of Pay for each Assignment will be recorded on the Assignment Details.

6.2. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business shall pay to the Temporary Worker:

6.2.1. the Actual QP Rate of Pay; and

6.2.2. the Emoluments (if any), which will be notified on a per Assignment basis and as set out in the relevant Assignment Confirmation Form or any variation to the relevant Assignment Details Form.

6.3. Subject to any statutory entitlement under the relevant legislation referred to in clauses 7 and 8 below and any other statutory entitlement, the Temporary Worker is not entitled to receive payment for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.

6.4. If the Temporary Worker has completed the Qualifying Period on the start date of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Temporary Worker may be entitled to receive a bonus. The Temporary Worker will comply with any requirements of the Employment Business and/or the Hirer relating to the assessment of the Temporary Worker’s performance for the purpose of determining whether or not the Temporary Worker is entitled to a bonus and the amount of any such bonus. If, subject to satisfying the relevant assessment criteria, the Temporary Worker is entitled to receive a bonus, the Employment Business will pay the bonus Temporary Worker on the terms of this Agreement.

6.5. If the Employment Business or the Hirer provides any equipment or clothing to the Temporary Worker to be used in the course of an Assignment with the Hirer, the Temporary Worker must take reasonable care of the equipment or clothing. Furthermore the Temporary Worker must return any equipment or clothing to the Employment Business or the Hirer (as the case may be) upon termination of the Terms or within 3 days of a request from the Employment Business or the Hirer. In the event that the Temporary Worker does not comply with the obligations set out in this clause, the Employment Business reserves the right to deduct the cost of replacement equipment or clothing from any sums paid to the Temporary Worker. The question of whether the Temporary Worker has taken reasonable care of the equipment or clothing will be solely assessed by the Employment Business’s reasonable judgement.

6.6. Subject to compliance with Regulation 12 of the Conduct Regulations the Employment Business reserves the right in its absolute discretion to deduct from the amounts paid to the Temporary Worker pay any sums which the Temporary Worker may owe the Employment Business including, without limitation, any identified overpayments, any losses suffered by the Employment Business as a result of the Temporary Worker negligence or breach of either the Employment Business’s or the Hirer’s rules.

7. Annual Leave

7.1. The Temporary Worker is entitled to paid annual leave according to the statutory minimum as provided by the Working Time Regulations from time to time. The current statutory entitlement to paid annual leave under the Working Time Regulations is 5.6 weeks (28 days) inclusive of bank/public holidays.

7.2. Payment of the Temporary Worker’s entitlement to holiday pay under the Regulations shall be calculated and paid proportionately in advance according to the amount of time worked by the Temporary Worker on Assignments. Annual Leave is calculated at twelve point zero seven (12.07%) of the Actual Rate of Pay or the Actual QP Rate of Pay and is shown separately on the worker’s Assignment Confirmation Form and pay slip.

8. Sickness Absence

8.1. The Temporary Worker may be eligible for Statutory Sick Pay provided that the Temporary Worker meets the relevant statutory criteria.

8.2. The Temporary 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 Temporary Worker submits a Statement of Fitness for Work (“the Statement”) or similar medical evidence, which indicates that the Temporary Worker may, subject to certain conditions, be fit to work/return to work, the Employment Business will in its absolute discretion determine whether the Temporary Worker will be (a)placed in a new Assignment (b) permitted to continue in an ongoing Assignment. In making such determination the Employment Business may consult with the Hirer, and the Temporary 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 Temporary Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Temporary Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Confirmation Form 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 Temporary Worker or the Hirer may terminate the Temporary Worker’s Assignment at any time without prior notice or liability.

9.2. The Temporary 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 Temporary Worker (save for payment for hours worked by the Temporary Worker up to the date of termination of the Assignment).

9.3. If the Temporary Worker does not inform the Employment Business that they are unable to attend work during the course of an Assignment (as required in clause 3) this will be treated as termination of the Assignment by the Temporary Worker in accordance with clause 9.1, unless the Temporary Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3.

9.4. The Temporary 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 1 if the work to which the Temporary Worker was assigned is no longer available.

9.5. If the Temporary Worker does not report to the Employment Business to notify the Temporary Workers availability for work or has not worked on assignment for a period of 3 months, the Employment Business will forward the Temporary Worker’s P45 to the Temporary Worker’s last known address.

10. Intellectual Property Rights

10.1. The Temporary 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 Temporary 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 and trade secrets 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 Temporary Worker agrees as follows In order to protect the confidentiality and trade secrets 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 Temporary 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 trade secrets or 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, abstract, summary or précis 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

12.1. The Temporary Worker warrants that in relation to these Terms, the Temporary Worker 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.

12.2. The Temporary Worker consents to the Employment Business, any other intermediary involved in supplying the services of the Temporary Worker to the Hirer (now or in the future), and the Hirer:

12.2.1. processing the Temporary Worker’s personal data for purposes connected with the performance of the Assignment and pursuant to these Terms; and

12.2.2. exporting and/or processing the Temporary Worker’s personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of these Terms.

13. Severability

13.1. 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.

14. Notices

14.1. 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, 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.

15. 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.

SCHEDULE 1: “QUALIFYING PERIOD”

For the purpose of the definition of “Qualifying Period” within AWR 2010, when calculating whether any weeks completed with the Hirer count as continuous towards the 12 week Qualifying Period, where:

a. the Temporary Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Temporary Worker is not working;

b. the break is:

i. for any reason and not more than six Calendar Weeks;

ii. wholly due to the fact that the Temporary Worker is incapable of working in consequence of sickness or injury and the break is 28 Calendar Weeks or less; paragraph (iii) does not apply; and, if required to do so by the Employment Business, the Temporary Worker has provided such written medical evidence as may reasonably be required;

iii. related to pregnancy, childbirth or maternity and is at a time in a protected period, being a period beginning at the start of the pregnancy and ending at the end of the 26 weeks beginning with childbirth (being the birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy) or, if earlier, when the Temporary Worker returns to work;

iv. wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Temporary Worker is otherwise entitled which is: i. ordinary, compulsory or additional maternity leave; ii. ordinary or additional adoption leave; iii. ordinary or additional paternity leave; iv. time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or v. for more than one of the reasons listed in paragraphs (iv) i, ii, iii to iv above;

v. wholly due to the fact that the Temporary Worker is required to attend at any place in pursuance to being summoned for service as a juror and the break is 28 Calendar Weeks or less;

vi. wholly due to a temporary cessation in the Hirer’s requirement for any worker to be present at the establishment and work in a particular role for a pre-determined period of time according to the established custom and practices of the Hirer;

vii. wholly due to a strike, lock-out or other industrial action at the Hirer’s establishment; or

viii. wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and

c) the Temporary Worker returns to work in the same role with the Hirer, any weeks during which the Temporary Worker worked for the Hirer before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Temporary Worker works for the Hirer after the break. In addition, when calculating the number of weeks during which the Temporary Worker has worked, where the Temporary Worker has started working in a role during an Assignment and is unable to continue working for a reason described in points i to viii in Schedule 1 above, or , for the period that is covered by one or more such reasons, the Temporary Worker shall be deemed to be working in that role with the Hirer for the original intended duration or likely duration of the relevant Assignment, whichever is the longer. For the avoidance of doubt, time spent by the Temporary Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of “Qualifying Period”.

SCHEDULE 2: “AWR ROLE” and “SPECIFIED WORK” and “SCALE TEACHER”

The following definitions are relevant to AWR Role as applied to “Specified Work” that is expected to be carried out by a “Scale Teacher”.  Your specific AWR Role will be stated on each Assignment Confirmation Form.

Cover Supervisor: To distribute and supervise work only.

Cover Teacher: Deliver lesson introduction, distribute and supervise pupils’ work. Sometimes plan work. Does not assess and report on the development, progress and attainment of pupils.

Scale Teacher: Carry out all specified work of a permanent Teacher. This means planning, preparing and delivering lessons to pupils and assessing and reporting on the development, progress and attainment of pupils.

The DfE AWR guidance states:

“If the school asks a temporary work agency to provide a teacher to carry out specified work in a school and the person engaged to do the work is a qualified teacher they should be paid as a qualified teacher. If the person engaged to do the specified work is an unqualified teacher they should be paid as an unqualified teacher. “Specified work” means planning, preparing and delivering lessons and courses to pupils and assessing and reporting on the development, progress and attainment of pupils.

Based on this definition, a Cover Teacher is not carrying out "Specified work".

Based on this definition a Qualified Teacher or Unqualified Teacher carrying out specified work must be paid in accordance with the hirer’s pay policy.

If you believe the actual AWR role is different or changes during your assignment then it is your responsibility to let Connex know immediately, so they can agree the appropriate AWR Role and pay rate with the Hirer.

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