Terms and Conditions
TERMS AND CONDITIONS OF ENGAGEMENT OF SUPPLY TEACHERS
These Terms and Conditions will apply to and govern all contracts under which you agree to render your services to Clients of the Employment Business (Uteach Recruitment).
No variation of these Terms and Conditions shall be effective unless agreed in writing and signed by a Director of the Employment Business.
In these Terms and Conditions and in all contracts to which these Terms and Conditions apply:-
a) THE EMPLOYMENT BUSINESS shall mean Uteach Ltd or any of their subsidiaries, associated companies or divisions hereafter referred to as the Company.
b) THE CLIENT shall mean the school, college, learning centre or local education authority requiring the services of a Supply Teacher.
c) THE RATE shall mean the rate at which payment will be made to you in respect of your services to the Client. The rate shall be calculated on the reasonable expectation that you will complete the assignment within the period for completion reasonably estimated by the Client.
d) THE ASSIGNMENT shall mean the work from time to time allocated to you by the Client.
References to the singular include the plural and references to the masculine include the feminine and vice versa.
2. THE CONTRACT
These terms herein constitute a contract for services between the Company acting as agent for the Client and the Supply Teacher. They govern each and every assignment undertaken by the Supply Teacher. In the event of the Supply Teacher declining to accept any offer of work or not attending work for any reason, no contract shall exist between the Company and the Supply Teacher. For the avoidance of doubt, these terms shall not give rise to a contract of employment between the Company and the Supply Teacher.
The Client will be solely responsible for allocating work to you and for supervising the manner in which you carry out such work. Since the Company is not entitled to, and does not in practice seek to exercise supervision, direction or control as to the manner in which such work is executed by you, you will be exclusively liable to the Client for any claim. Loss, damage, cost or expense incurred by the Client or arising otherwise in connection with any act or omission or neglect on your part in executing such work.
If for any reason the Supply Teacher does not show up for work, or they do not give Uteach Ltd three weeks notice then you forfeit one week salary for the inconvenience.
The Supply Teacher is not obliged to accept any assignment offered by the Company but if he does so, during every assignment and afterwards, as appropriate he will: -
Co-operate with the Client’s staff and accept the direction, supervision and instruction of any responsible person in the Client’s organisation.
Observe any rules and regulations of the Client’s establishment to which attention has been drawn or which the temporary worker might reasonably be expected to ascertain.
Unless arrangements have been made to the contrary and subject to the Regulations conform to the normal hours of work currently in force at the Client’s establishment.
The company shall pay to the Supply Teacher on behalf of the Client remuneration, calculated at the rates and expenses payable to you for assignments allocated by the Client. You should submit to the Company, on a weekly basis, time sheets signed by the Client’s authorised signatory and such written information as the Company may from time to time request in support. The Company will endeavour to make payment for work carried out, and so submitted, within seven days of the payment frequency stipulated in the Contract Confirmation Document.
The Company may delay any payments to the Supply Teacher if a properly authenticated time sheet has not been submitted by the deadline of 10.30am every Monday.
The Company reserves the right to make a deduction from any accrued emoluments due to you in respect of any amounts owing by you to the Client or the Company.
The Company will only be responsible for the payments of those expenses incurred by you as shall have been previously approved in writing by the Client.
5. NATIONAL INSURANCE AND INCOME TAX
All payments made to you shall be subject to deduction of National Insurance Contributions and Income Tax on a PAYE basis which the Company is bound by law to make.
For the purposes of calculating entitlement to paid annual leave pursuant to Working Time Regulations 1998 under this clause, the leave year runs from 1st January to 31 December.
Supply teacher is paid a nationally agreed daily rate in line with government pay scales which includes the holiday pay element. This figure is worked on the government salary figures divided by 195 which is the number of days worked in a school year (i.e. annual salary x 1/195 = daily rate). This figure includes holiday pay worked out at 8.33% and is paid during schools terms which is 39 weeks of the year.
7. HEALTH AND SAFETY AT WORK
It is the policy of the company to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its Supply Teachers.
Where work is to be performed at a Client’s premises, you are required to adhere to any specific rules or regulations issued by the Client. You must therefore ask the Client/Client’s representative for any such rules and regulations before commencement of work.
You shall possess all necessary certification or evidence of qualifications as are from time to time required by applicable law, regulation or guidelines generally accepted by the industry in respect of each part of the work in which you are engaged.
Where you are engaged at a Client’s premises, then it is the responsibility of the Client, so far as is reasonably practicable, to ensure a healthy and safe working environment.
You are to be mindful that it is your duty to take reasonable care for the health and safety of yourself and of any personnel who may be affected by your actions or omissions at work.
If you feel that any aspect of the duties that are to be performed are unsafe or unhealthy, either to you or to others, then you must not undertake those duties. In such an event, the matter must be reported to the company immediately.
You must not engage in any conduct detrimental to the interest of the company or the Client.
8. WORKING TIME REGULATIONS 1998 (“THE REGULATIONS”)
You agree that the limit (as to maximum weekly working time) specified in Regulations 4(1) of the Regulations shall not apply to you. You may withdraw this Agreement by giving us three months’ notice in writing.
If the Client requires or allows you to do anything that contravenes the Regulations you must not do so and notify us in writing immediately.
You must give us any information we need to comply with our obligations under the Regulations and in particular identify on your time sheets the actual hours worked each day (within your contracted hours).
9. USE OF MOTOR VEHICLES
You will not at any time use any motor vehicle for any business purposes in connection with the work allocated to you unless adequate third party insurance cover is in force in respect of such use. You will at all times keep the Company indemnified against any liability, whether in respect of any insured risk or otherwise, incurred by the Company or arising otherwise in connection with your use of any motor vehicle for any such purpose.
a) The company may without notice and without liability instruct the Supply Teacher to end an
assignment at any time, unless specifically specified to the contrary in the Special Conditions Section of the Contract Confirmation Document.
b) If you fail to proceed with any work allocated to you with that degree of technical and professional skill as was anticipated by the Company in agreeing the rate, or if you shall be guilty of any criminal act, gross default or other misconduct in connection with or affecting any such work, the company may give notice to you terminating the use of your services forthwith
c) A period of three weeks notice is required in writing to Uteach Ltd if you decide to terminate your employment with the school.. Failure to give 3 weeks notice will result in your last wage being forfeited.
d) Upon any such termination as aforesaid the Company shall be liable to you only for any payments and expenses payable up to the termination.
In order to protect the confidentiality and trade secrets of any Client and without prejudice to every other duty to keep secret all information given to him or gained in confidence you agree:
a) Not at any time (unless expressly so authorised by the Client or the company as a necessary part of the performance of its duties) to disclose to any or to make use of any of the trade secrets or confidential information of the Client.
b) To deliver up to the Client or the company at the end of the assignment all documents and other materials belonging to the Client (and all copies thereof) which are in its possession including documents and other materials created by him during the course of the assignment.
c) Not at any time to make any copy, abstract, summary or precise of the whole or any part of any document or other material belonging to the Client except when required to do so in the course of his duties under an assignment in which event any such item shall belong to the Client or the company as appropriate.
d) You acknowledge that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by you for the Client during the assignment shall belong to the Client.
12. RELATIONSHIP BETWEEN THE PARTIES
Nothing herein contained shall constitute the relationship of Master and Servant or any partnership either between the Supply Teacher and the Company or between the Supply Teacher and any Clients of the Company.
These Terms and Conditions shall be governed by the Laws of Scotland