Hiring School Terms and Conditions
1.1 In these Terms the following definitions apply:
“Agency Worker” means the individual who is Introduced by Elevate to provide services to the Hiring School;
“Assignment” means assignment services to be performed by the Agency Worker for the Hiring School for a period of time during which the Agency Worker is supplied by Elevate to work temporarily for and under the supervision and direction of the Hiring School;
“Assignment Details Form” means written confirmation of the assignment details agreed with the Hiring School prior to commencement of the Assignment;
“AWR” means the Agency Workers Regulations 2010;
"AWR Claim" means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hiring School and/or Elevate for any breach of the AWR;
“Calendar Week” means any period of seven days starting with the same day as the first day of the First Assignment;
"Charges" means Elevate's charges calculated in accordance with clause 6 and as may be varied from time to time in accordance with these Terms;
"Comparable Employee" means as defined in Annex 1 to these Terms;
“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 Hiring School 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 Agency Worker or any third party in relation to the Assignment by the Hiring School or Elevate or by a third party on behalf of the Hiring School 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, the General Data Protection Regulation (EU 2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
“Elevate” means Elevate Supply Ltd (registered company no. 15493464) (trading as ‘Elevate Supply’) of Building B Hallamshire Business Park, Napier Street, Sheffield, South Yorkshire, United Kingdom, S11 8HA;
“Engagement” means the engagement (including the Agency Worker’s acceptance of the Hiring School’s offer), employment or use of the Agency Worker by the Hiring School or any third party to whom the Agency Worker has been introduced by the Hiring School, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency 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:
that assignment (an assignment being (for the purpose of this defined term) a period of time during which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hiring School to work temporarily for and under the supervision and direction of the relevant Hiring School);
“Hiring School” 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 Agency Worker is Introduced;
“Hiring School's Group” means (a) any individual, company, partnership, statutory body or other entity which from time to time Controls the Hiring School, 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 Hiring School, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006;
"Introduction" means (i) the passing to the Hiring School of a curriculum vitae or information which identifies the Agency Worker; or (ii) the Hiring School's interview of the Agency Worker (in person or by telephone or by any other means), following the Hiring School's instruction to Elevate to supply a temporary worker; or (iii) the supply of an Agency Worker; and, in any case, which leads to an Engagement of the temporary worker or the Agency Worker; and "Introduced" and "Introducing" shall be construed accordingly;
“Losses” means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;
“Period of Extended Hire” means any additional period that the Hiring School wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of assignments as an alternative to paying a Transfer Fee, which shall be agreed between Elevate and the Hiring school, or, if not agreed, shall be 12 weeks;
“Platform” means Elevate’s booking website available at elevatesupply.co.uk and/or (if applicable) mobile app;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hiring School to work temporarily for and under the supervision and direction of the relevant Hiring School in the same role, and as further defined in the Annex 1 to these Terms;
“Relevant Period” means whichever ends the later of (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hiring School having been supplied by Elevate; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hiring School 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;
"Relevant Terms and Conditions" means for the purposes of the Agency Workers Regulations terms and conditions relating to: (a) pay; (b) the duration of working time; (c) night work; (d) rest periods; (e) rest breaks; and (f) annual leave
that are ordinarily included in the contracts of employees or workers (as appropriate) of the Hiring School whether by collective agreement or otherwise and including (for the avoidance of doubt and without limitation) such terms and conditions that have become contractual by virtue of custom and practice, including copies of all relevant documentation;
"Remuneration" includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Agency Worker for services provided to or on behalf of the Hiring School or any third party;
"Safeguarding Legislation" means the Safeguarding Vulnerable Groups Act 2006 or the Protecting Vulnerable Groups (Scotland) Act 2007, as applicable; “Service Fee” means the amount charged by Elevate to the Hiring School and set out in the Assignment Details Form in respect of its provision of the Agency Worker to the Hiring School, or, if not provided in the Assignment Details Form or the duration of the Assignment is extended: charged: a) in respect of an Assignment with a duration under 7.5 hours, 1x Elevate’s standard service fee; or b) in respect of an Assignment with a duration of at least 7.5 hours, the number of hours worked divided by 7.5 and rounded up to the next whole number multiplied by Elevate’s standard service fee.
“Temporary Work Agency” means as defined in the Annex 1 to these Terms;
“Terms” means these terms of business (including the attached schedule) together with any applicable Assignment Details Form;
“Timesheet Period” means such period as Elevate may, from time to time, designate as the regular timesheet reporting period via the Platform;
“Transfer Fee” means the fee payable in accordance with clause 8 of these Terms and Regulation 10 of the Conduct Regulations, calculated as 25% of the Remuneration payable to the Agency Worker during the first 12 months of the Engagement;
“Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstances is in need of care or attention, and includes any person under the age of eighteen; and
“WTR” 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.
2.1 These Terms constitute the entire agreement between Elevate and the Hiring School for the supply of the Agency Workers' services by Elevate to the Hiring School and are deemed to be accepted by the Hiring School by virtue of its request for, interview with, or Engagement of the Agency Worker, or the passing of any information by the Hiring School about an Agency Worker to any third party following an Introduction.
2.2 Unless otherwise agreed in writing by a director or the Managing Director of Elevate, these Terms prevail over any terms of business or purchase conditions (or similar) put forward by the Hiring School.
2.3 Elevate may make changes to these Terms from time to time by giving at least 3 days’ notice to the Hiring School in writing, together with a copy of the varied terms or a document setting out the nature of the amendment, and the starting date from which such varied terms shall apply. By continuing to use the Platform after the starting date for the varied terms, the Hiring School shall be deemed to have agreed to such changes, which shall apply to Assignments starting thereafter. This provision does not apply to changes made pursuant to clause 6.2..
2.4 Elevate shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973) (as amended from time to time) when Introducing Agency Workers for Assignments with the Hiring School.
3.1 To enable Elevate to comply with its obligations under the Conduct Regulations the Hiring School undertakes to provide to Elevate via the Platform details of each position which the Hiring School seeks to fill, including the following:
3.1.1 the type of work that the Agency Worker would be required to do;
3.1.2 the location and hours of work;
3.1.3 the experience, training, qualifications and any authorisation which the Hiring School considers necessary or which are required by law or any professional body for the Agency Worker to possess in order to work in the position;
3.1.4 any risks to health or safety known to the Hiring School and what steps the Hiring School has taken to prevent or control such risks;
3.1.5 the date the Hiring School requires the Agency Worker to commence the Assignment;
3.1.6 the duration or likely duration of the Assignment.
3.2 The Hiring School will assist Elevate in complying with Elevate’s duties under the WTR by supplying any relevant information about the Assignment requested by Elevate and the Hiring School will not do anything to cause Elevate to be in breach of its obligations under these Regulations. If the Hiring School requires the services of an Agency Worker for more than 48 hours in any week during the course of an Assignment, the Hiring School must notify Elevate of this requirement before the commencement of the Assignment or at the very latest, where this is not reasonably practicable, before the commencement of the work in which the Hiring School requires the Agency Worker to work in excess of 48 hours.
3.3 The Hiring School will comply with its obligations under Regulation 12 (Rights of agency workers in relation to access to collective facilities and amenities) and 13 (Rights of agency workers in relation to access to employment) of the AWR.
3.4 To enable Elevate to comply with its obligations under the AWR, the Hiring School undertakes as soon as possible prior to the commencement of each Assignment and during each Assignment (as appropriate) and at any time at Elevate's request:
3.4.1 to inform Elevate of any Calendar Weeks in which the Agency Worker has worked in the same or a similar role with the Hiring School via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment which count or may count towards the Qualifying Period;
3.4.2 if the Agency Worker has worked in the same or a similar role with the Hiring School via any third party prior to the date of commencement of the relevant Assignment and/or works in the same or a similar role with the Hiring School via any third party during the relevant Assignment, to provide Elevate with all the details of such work which may count towards the Qualifying Period, including (without limitation) details of where, when and the period(s) during which such work was undertaken and any other details requested by Elevate;
3.4.3 to inform Elevate if the Agency 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 AWR because s/he has:
3.4.3.1 completed two or more assignments with the Hiring School;
3.4.3.2 completed at least one assignment with the Hiring School and one or more earlier assignments with any member of the Hiring School's Group; and/or
3.4.3.3 worked in more than two roles during an assignment with the Hiring School and on at least two occasions worked in a role that was not the same role as the previous role.
3.4.4 save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to:
3.4.4.1 provide Elevate with written details of the basic working and employment conditions the Agency Worker would be entitled to for doing the same job if the Agency Worker had been recruited directly by the Hiring School as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions;
3.4.4.2 inform Elevate in writing whether the Relevant Terms and Conditions provided are those of a hypothetical directly recruited employee or worker or those of a Comparable Employee;
3.4.4.3 if the Relevant Terms and Conditions provided are those of a Comparable Employee, provide Elevate with a written explanation of the basis on which the Hiring School considers that the relevant individual is a Comparable Employee; and
3.4.4.4 inform Elevate in writing of any variations in the Relevant Terms and Conditions made at any time during the relevant Assignment after the Qualifying Period commenced; and
3.4.5 save where the Agency Worker will not complete the Qualifying Period during the term of the Assignment, to provide Elevate with written details of its pay and benefits structures and appraisal processes and any variations of the same.
3.5 In addition, for the purpose of awarding any bonus to which the Agency Worker may be entitled under the AWR, the Hiring School will:
3.5.1 integrate the Agency Worker into its relevant performance appraisal system;
3.5.2 assess the Agency Worker's performance;
3.5.3 provide Elevate with copies of all documentation relating to any appraisal of the Agency Worker, including without limitation written details of the outcome of any appraisal and the amount of any bonus awarded; and
3.5.4 provide Elevate with all other assistance Elevate may request in connection with the assessment of the Agency Worker's performance for the purpose of awarding any bonus.
3.6 The Hiring School will comply with all Elevate's requests for information and any other requirements to enable Elevate to comply with the AWR.
3.7 The Hiring School warrants that:
3.7.1 all information and documentation supplied to Elevate in accordance with clauses 3.4, 3.5 and 3.6 is complete, accurate and up-to-date; and
3.7.2 it will, during the term of the relevant Assignment, immediately inform Elevate in writing of any subsequent change in any information or documentation provided in accordance with clauses 3.4, 3.5 and 3.6.
3.8 Without prejudice to clauses 14.7 and 14.8, the Hiring School shall inform Elevate in writing of any:
3.8.1 oral or written complaint the Agency Worker makes to the Hiring School which is or may be a complaint connected with rights under the AWR; and
3.8.2 written request for information relating to the Relevant Terms and Conditions that the Hiring School receives from the Agency Worker
as soon as possible but no later than 7 calendar days form the day on which any such oral complaint is made to or written complaint or request is received by the Hiring School and the Hiring School will take such action and give such information and assistance as Elevate may request, and within any timeframe requested by Elevate, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Hiring School's receipt of such a request in accordance with Regulation 16 of the AWR and the Hiring School will provide Elevate with a copy of any such written statement.
3.9 The Hiring School undertakes that it knows of no reason why it would be detrimental to the interests of the Agency Worker for the Agency Worker to fill the Assignment.
4.1 When Introducing an Agency Worker to the Hiring School, Elevate shall inform the Hiring School via the Platform:
4.1.1 of the identity of the Agency Worker;
4.1.2 that the Agency Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment;
4.1.3 that the Agency Worker is willing to work in the Assignment; and
4.1.4 the Charges.
5.1 At the end of each Timesheet Period, the Hiring School shall review and approve Elevate’s timesheet for each Agency Worker via the Platform, verifying the number of hours worked by each Agency Worker during that Timesheet Period. The Hiring School confirms that it is under no obligation to provide the Agency Worker with fixed hours of work.
5.2 Approval of a timesheet by the Hiring School is confirmation of the number of hours worked by an Agency Worker. If the Hiring School is unable to approve a timesheet because the Hiring School disputes the hours claimed, the Hiring School shall inform Elevate as soon as practicable and shall co-operate fully and in a timely fashion with Elevate to enable Elevate to establish what hours, if any, were worked by the Agency Worker. Failure to sign the timesheet does not absolve the Hiring School of its obligation to pay the Charges in respect of the hours worked.
5.3 The Hiring School shall not be entitled to decline to sign a timesheet on the basis that it is dissatisfied with the work performed by the Agency Worker. In the event that the Hiring School is dissatisfied with the Agency Worker, the provisions of clause 10. below shall apply.
6.1 The Hiring School agrees to pay the Charges as notified to and agreed with the Hiring School via the Platform. The Charges are calculated according to the time worked by the Agency Worker and compromise the following:
6.1.1 the Agency Worker's rate of pay and the hours/days worked;
6.1.2 an amount equal to any paid holiday leave to which the Agency Worker is entitled in connection with the WTR and, where applicable, the AWR and which is accrued during the course of an Assignment;
6.1.3 any other amounts to which the Agency Worker is entitled under the AWR, where applicable;
6.1.4 employer's National Insurance contributions on the applicable rate and hours worked;
6.1.5 applicable pension contributions;
6.1.6 any travel or other expenses, as may have been agreed with the Hiring School; and
6.1.7 the Service Fee.
6.2 Elevate reserves the right to vary the Charges agreed with the Hiring School by giving written notice to the Hiring School:
6.2.1 in order to comply with any additional liability imposed by statute or other legal requirement or entitlement, including but not limited to the AWR, the WTR and the Pensions Act 2008; and/or
6.2.2 if there is any variation in the Relevant Terms and Conditions.
6.3 Elevate will invoice the Charges to the Hiring School on a weekly basis. The Hiring School will pay the invoices within 14 days of the date of the invoice. Any payment period set out in an invoice shall prevail in the event of a conflict with this clause 6.3..
6.4 In addition to the Charges, the Hiring School will pay Elevate an amount equal to any bonus that the Hiring School awards to the Agency Worker in accordance with clause 3.5. immediately following any such award and Elevate will pay any such bonus to the Agency Worker. For the avoidance of doubt, the Hiring School will also pay any employer’s National Insurance and/or pension contributions and any applicable Service Fee on the bonus in addition to any bonus payable to the Agency Worker.
6.5 VAT is payable at the applicable rate on the entirety of the Charges and all sums payable under clause 6.4..
6.6 Elevate reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
6.7 Elevate will not refund any of the Charges.
6.8 The Hiring School's obligations under this clause 6 shall be performed without any right of the Hiring School to invoke set-off, deductions, withholdings or other similar rights.
Elevate is responsible for paying the Agency Worker and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Agency Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
8.1 The Hiring School shall be liable to pay a Transfer Fee if the Hiring School Engages an Agency Worker Introduced by Elevate other than via Elevate or introduces the Agency Worker to a third party and such introduction results in an Engagement of the Agency Worker by the third party other than via Elevate and:
8.1.1 where the Agency Worker has been supplied by Elevate, such Engagement takes place during the Assignment or within the Relevant Period; or
8.1.2 where the Agency Worker has not been supplied, such Engagement takes place within 6 months from the date of the Introduction to the Hiring School.
8.2 If the Hiring School wishes to Engage the Agency Worker other than via Elevate without liability to pay a Transfer Fee, the Hiring School may, on giving three weeks’ written notice to Elevate, engage the Agency Worker for the Period of Extended Hire.
8.3 During such Period of Extended Hire, Elevate shall supply the Agency Worker on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favourable than those terms which applied immediately before Elevate received the notice in clause 8.2.; and the Hiring School shall continue to pay the Charges set out in clause 6.. If Elevate is unable to supply the Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Hiring School does not wish to hire the Agency Worker on the same terms as the Assignment; but the Agency Worker is Engaged by the Hiring School, the Hiring School shall pay the Transfer Fee, reduced pro-rata to reflect any Charges paid by the Hiring School during any part of the Period of Extended Hire worked by the Agency Worker before being Engaged by the Hiring School. If the Hiring School fails to give notice of its intention to Engage the Agency Worker other than via Elevate before such Engagement commences, the parties agree that the Transfer Fee shall be due in full.
8.4 Where prior to the commencement of the Hiring School’s Engagement other than via Elevate Elevate and the Hiring School agree that such Engagement will be on the basis of a fixed term of less than 12 months, Elevate may, in its absolute discretion, reduce the Transfer Fee. Such reduction is subject to the Hiring School Engaging the Agency Worker for the agreed fixed term. Should the Hiring School extend the Agency Worker’s Engagement or re-Engage the Agency Worker within 12 months from the commencement of the initial Engagement Elevate reserves the right to recover the balance of the Transfer Fee.
8.5 Elevate will not refund the Transfer Fee if the Engagement of the Agency Worker other than via Elevate by the Hiring School or by a third party to which the Hiring School introduces the Agency Worker terminates or terminates before the end of the fixed term referred to in clause 8.4.
8.6 VAT is payable in addition to any Transfer Fee due.
9.1 Where:
9.1.1 the Agency Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment, Elevate will take all reasonably practicable steps to obtain and offer to provide to the Hiring School copies of any relevant qualifications or authorisations of the Agency Worker, including but not limited to applicable Disclosure and Barring checks; and
9.1.2 in addition, where the Assignment involves working with one or more Vulnerable Persons, including in particular children, Elevate will take all reasonably practicable steps to obtain and offer to provide copies to the Hiring School of two references from persons who are not relatives of the Agency Worker and who have agreed that the references they provide may be disclosed to the Hiring School;
and such other reasonably practicable steps as are required to confirm that the Agency Worker is suitable for the Assignment. If Elevate has taken all reasonably practicable steps to obtain the information above and has been unable to do so fully it shall inform the Hiring School of the steps it has taken to obtain this information in any event.
9.2 The Hiring School shall advise Elevate at the time of instructing Elevate to supply an Agency Worker whether during the course of the Assignment, the Agency Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in regulated activity as defined in the Safeguarding Legislation.
9.3 The Hiring School shall assist Elevate by providing any information required to allow Elevate to comply with its statutory obligations under the Safeguarding Legislation and to allow Elevate to select a suitable Agency Worker for the Assignment.
9.4 In particular in the event that the Hiring School removes an Agency Worker from an Assignment in circumstances which would require Elevate to provide information to the Disclosure and Barring Service (or the equivalent authority) under the Safeguarding Legislation, the Hiring School will provide sufficient information to Elevate to allow it to discharge its statutory obligations.
10.1 The Hiring School undertakes to supervise the Agency Worker sufficiently to ensure the Hiring School’s satisfaction with the Agency Worker’s standards of work. If the Hiring School reasonably considers that the services of the Agency Worker are unsatisfactory, the Hiring School may terminate the Assignment either by instructing the Agency Worker to leave the Assignment immediately, or by directing Elevate to remove the Agency Worker. Elevate may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Agency Worker, provided that the Hiring School has notified Elevate immediately that they have asked the Agency Worker to leave the Assignment or the Assignment terminates:
10.1.1 within 4 hours of the Agency Worker commencing the Assignment where the Assignment is for more than 7 hours; or
10.1.2 within 2 hours for Assignments of 7 hours or less;
and provided that notification of the unsuitability of the Agency Worker is confirmed in writing to Elevate within 48 hours of the termination of the Assignment.
10.2 Elevate shall notify the Hiring School immediately if it receives or otherwise obtains information which gives Elevate reasonable grounds to believe that any Agency Worker supplied to the Hiring School is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith without prior notice and without liability. Notwithstanding, the Hiring School shall remain liable for all Charges incurred prior to the termination of the Assignment.
10.3 The Hiring School shall notify Elevate immediately and without delay and in any event within 1 hour if the Agency Worker fails to attend work or has notified the Hiring School that they are unable to attend work for any reason.
Any of the Hiring School, Elevate or the Agency Worker may terminate an Assignment at any time without prior notice and without liability (except in the case of termination by the Hiring School, who shall be liable for any Charges due under clause 6 above).
12.1 All information relating to an Agency Worker is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Hiring School. Such information must not be used for any other purpose nor divulged to any third party and the Hiring School undertakes to abide by the provisions of the Data Protection Laws at all times.
12.2 Elevate undertakes to keep confidential all Relevant Terms and Conditions that the Hiring School discloses to Elevate and not to use such information except for the purposes of compliance with the AWR (including, for the avoidance of doubt and without limitation, when dealing with any request for information or complaint made by any Agency Worker or any AWR Claim).
12.3 Information relating to Elevate's business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
All copyright, trademarks, patents and other intellectual property rights deriving from the Assignment shall belong to the Hiring School. Accordingly Elevate shall use its reasonable endeavours to ensure that the Agency Worker shall execute all such documents and do all such acts in order to give effect to the Hiring School's rights pursuant to this clause.
14. 1 Whilst reasonable efforts are made by Elevate to give satisfaction to the Hiring School by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and to provide the same in accordance with the Assignment details as provided by the Hiring School, no liability is accepted by Elevate for any loss, expense, damage or delay arising from any failure to provide any Agency Worker for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker terminates the Assignment for any reason. For the avoidance of doubt, Elevate does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
14.2 Agency Workers supplied by Elevate pursuant to these Terms are engaged under contracts for services. They are not the employees of Elevate but are deemed to be under the supervision and direction of the Hiring School from the time they report to take up duties and for the duration of the Assignment. The Hiring School agrees to be responsible for all acts, errors or omissions of the Agency Worker, whether wilful, negligent or otherwise as though the Agency Worker was on the payroll of the Hiring School.
14.3 The Hiring School shall advise Elevate of any special health and safety matters about which Elevate is required to inform the Agency Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Agency Worker is to fill the Assignment.
14.4 The Hiring School will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the WTR, the Data Protection Laws, Health and Safety At Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended from time to time), by-laws, codes of practice and legal requirements to which the Hiring School is ordinarily subject in respect of the Hiring School’s own staff (excluding the matters specifically mentioned in clause 7 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Agency Worker during all Assignments.
14.5 The Hiring School undertakes not to request the supply of an Agency Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Hiring School to perform the duties of a person on strike or taking official industrial action.
14.6 The Hiring School shall indemnify and keep indemnified Elevate against any Losses incurred by Elevate arising out of any Assignment or arising out of any non-compliance with, and/or as a result of any breach of, these Terms by the Hiring School.
14.7 The Hiring School shall inform Elevate in writing of any AWR Claim which comes to the notice of the Hiring School as soon as possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Hiring School.
14.8 If the Agency Worker brings, or threatens to bring, any AWR Claim, the Hiring School undertakes to take such action and give such information and assistance as Elevate may request, and within any timeframe requested by Elevate and at the Hiring School's own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR Claim and to appeal against any judgment given in respect thereof.
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, including by email. 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.
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.
None of the provisions of these Terms are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
18.1 By signing-up for an account on the Platform, you warrant and represent that you are authorised to enter into these Terms on behalf of the Hiring School.
18.2 The Hiring School agrees that all users it adds to its account on the Platform shall be authorised to engage Agency Workers and bind the Hiring School for the purposes of all Assignments.
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
"Comparable Employee" means as defined in Regulation 5(4) of the Agency Workers Regulations as being an employee of the Hiring School who:
a) works for and under the supervision of the Hiring School and is engaged in the same or broadly similar work as the Agency Worker having regard, where relevant, to whether the employee and the Agency Worker have a similar level of qualification and skill; and
b) works or is based at the same establishment as the Agency Worker or, where there is no comparable employee working or based at that establishment who satisfies that requirements of (a) above, works or is based at a different establishment and satisfies those requirements.
For the purpose of the definition of "Qualifying Period" in clause 1.1. of these Terms, when calculating whether any weeks completed with the Hiring School count as continuous towards the Qualifying Period, where:
a) the Agency Worker has started working during an assignment and there is a break, either between assignments or during an assignment, when the Agency 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 Agency 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 Elevate, the Agency 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 Agency Worker returns to work;
(iv) wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency 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 Agency 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 Hiring School'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 Hiring School;
(vii) wholly due to a strike, lock-out or other industrial action at the Hiring School'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) any weeks during which the Agency Worker worked for the Hiring School before the break shall be carried forward and treated as counting towards the Qualifying Period with any weeks during which the Agency Worker works for the Hiring School after the break. In addition, when calculating the number of weeks during which the Agency Worker has worked, where the Agency Worker has started working in a role during an Assignment and is unable to continue working for a reason described in paragraph (b)(iii) or (b)(iv)i., ii., or iii., for the period that is covered by one or more such reasons, the Agency Worker shall be deemed to be working in that role with the Hiring School 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 Agency Worker working during an assignment before 1 October 2011 does not count for the purposes of the definition of "Qualifying Period".
"Temporary Work Agency" means as defined in Regulation 4 of the AWR being a person engaged in the economic activity, public or private, whether or not operating for profit, and whether or not carrying on such activity in conjunction with others, of:
a) supplying individuals to work temporarily for and under the supervision and direction of Hiring Schools; or
b) paying for, or receiving or forwarding payment for, the services of individuals who are supplied to work temporarily for and under the supervision and direction of Hiring Schools.
Notwithstanding paragraph (b) of this definition a person is not a Temporary Work Agency if the person is engaged in the economic activity of paying for, or receiving or forwarding payments for, the services of individuals regardless of whether the individuals are supplied to work for Hiring Schools. For the purpose of this definition, a "Hiring School" means a person engaged in economic activity, public or private, whether or not operating for profit, to whom individuals are supplied, to work temporarily for and under the supervision and direction of that person.
Elevate Supply Ltd (CRN 15493464)
Last updated: 2024-06-03
(UK/ELS/COM-TC-HST/1.0-2406)
