1.1 In these Terms the following definitions apply:
“Actual Rate of Pay” means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, as set out in the relevant Assignment Details Form;
“Actual QP Rate of Pay” means the rate of pay which will be paid to the Agency Worker if and when he/she completes the Qualifying Period, as set out in any variation to the relevant Assignment Details Form;
“Agency Worker” means the person signing up as an agency worker via the Platform through which they have provided their details, and who is supplied by Elevate to provide services to Hiring School(s);
“Agreed Deductions” means any deductions the Agency Worker has agreed can be made from their pay;
“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 to be given to the Agency Worker upon acceptance of the Assignment;
“AWR” means the Agency Workers Regulations 2010;
“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 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;
“Deductions” means any deductions which Elevate 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;
“Elevate” 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;
“Emoluments” means any pay in addition to the Actual QP Rate of Pay;
“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:
a) the relevant Assignment; or
b) if, prior to the relevant Assignment:
i. the Agency Worker has worked in any assignment in the same role with the relevant Hiring School as the role in which the Agency Worker works in the relevant Assignment; and
ii. 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 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 supplied or 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;
“Hourly Rate” means the national minimum wage in the United Kingdom in force from time to time, being the minimum gross rate of pay that Elevate reasonably expects to achieve, for all hours worked by the Agency Worker;
“Irregular Hours Worker” means a worker whose paid hours of work in relation to a leave year in each pay period during the term of their contract in that year is, under the terms of their contract, wholly or mostly variable as defined under Regulation 15F (1)a WTR 1998
“Leave Year” means the period during which the Agency Worker accrues and may take statutory leave commencing on 1st April and runs until the anniversary of that date;
“Part Year Worker” means a worker who in relation to a leave year, under the terms of their contract, is required to work only part of that year and there are periods within that year (during the term of the contract) of at least a week which they are not required to work and for which they are not paid as defined under Regulation 15F (1) b WTR 1998.
“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;
“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 relevantHiring School in the same role, and as further defined in clause 1.2.;
“Relevant Period” means 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;
“Rolled Up Holiday Pay” Pay due to a worker in respect of leave to which the worker is entitled which must be paid at the same time as a worker’s remuneration for work in accordance with Regulations 16A,16(1) and 15B of WTR 1998.
“Temporary Work Agency” 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;
“Terms” means these terms of engagement together with any applicable Assignment Details Form;
“Timesheet Period” means such period as Elevate may, from time to time, designate as that within which working hours must be reported via the Platform;
“Transfer Fee” means the fee payable by the Hiring School to Elevate in accordance with clause 3.7, as permitted by Regulation 10 of the Conduct Regulations;
“Type of Work” means teaching and/or teaching assistance; and
“WTR” means the Working Time Regulations 1998.
1.2 For the purpose of the definition of "Qualifying Period" in these Terms, when calculating whether any weeks completed with the Hiring School count as continuous towards the Qualifying Period, where:
1.2.1 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;
1.2.2 the break is:
1.2.2.1 for any reason and not more than six Calendar Weeks;
1.2.2.2 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;
1.2.2.3 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;
1.2.2.4 wholly for the purpose of taking time off or leave, whether statutory or contractual, to which the Agency Worker is otherwise entitled which is:
1.2.2.4.1 ordinary, compulsory or additional maternity leave;
1.2.2.4.2 ordinary or additional adoption leave;
1.2.2.4.3 ordinary or additional paternity leave;
1.2.2.4.4 time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or
1.2.2.4.5 for more than one of the reasons listed in paragraphs (iv)i, ii, iii to iv above;
1.2.2.5 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;
1.2.2.6 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;
1.2.2.7 wholly due to a strike, lock-out or other industrial action at the Hiring School's establishment; or
1.2.2.8 .wholly due to more than one of the reasons listed in paragraphs (ii), (iii), (iv), (v), (vi) or (vii); and
1.2.2.9 the Agency Worker returns to work in the same role with the Hiring School, 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".
1.3 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.4 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.5 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 Agency Worker for the supply of services to the Hiring School and they shall govern all Assignments undertaken by the Agency Worker. The contract between the parties starts on the first day of the First Assignment under these Terms. No contract shall exist between Elevate and the Agency Worker between Assignments. These Terms shall prevail over any other terms put forward by the Agency Worker.
2.2 During an Assignment, Elevate will engage the Agency Worker on a contract for services on these Terms. For the avoidance of doubt, the Agency Worker is not an employee of Elevate although Elevate is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between Elevate and the Agency Worker, or the Agency Worker and the Hiring School. The Agency 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 Agency Worker rights in addition to those provided by statute except where expressly stated.
2.3 Elevate may make changes to these Terms from time to time by giving at least 3 days’ notice to the Agency Worker 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 accepting an Assignment through the Platform after the starting date for the varied terms, the Agency Worker shall be deemed to have agreed to such changes, which shall apply to such Assignment and Assignments starting thereafter.
2.4 Elevate 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 Agency Worker for Assignments with its Hiring Schools.
3.1 Elevate will endeavour to obtain suitable Assignments for the Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by Elevate.
3.2 The Agency Worker acknowledges that the nature of temporary work means that there may be periods when no suitable work is available, and whilst on an assignment the Agency Worker’s hours of work under this contract will at all times be wholly or mostly variable in accordance with the definition of an Irregular Hours worker under the WTR and agrees that:
3.2.1 the suitability of the work to be offered shall be determined solely by Elevate; and
3.2.2 Elevate shall incur no liability to the Agency Worker should it fail to offer Assignments of the Type of Work or any other work to the Agency Worker.
3.3 Elevate may notify the Agency Worker of a potential Assignment from time to time by email, telephone, SMS, or via the Platform, without offering any such Assignment to the Agency Worker for acceptance (a ‘Potential Assignment Notification’). A Potential Assignment Notification shall provide details relating to the Assignment, and specify the method by which the Agency Worker may indicate to Elevate that they are interested in being made an offer of such Assignment (a ‘Notification of Interest'). A Potential Assignment Notification shall not constitute an offer of an Assignment, and Elevate may, after receiving a Notification of Interest from the Agency Worker, offer the Assignment to the Agency Worker as its sole and absolute discretion.
3.4 When an Assignment is offered to, or accepted by, the Agency Worker, Elevate shall provide the Agency Worker with an Assignment Details Form via the Platform, setting out the following:
For the purposes of the Conduct Regulations:
3.4.1 the identity of the Hiring School, and if applicable the nature of their establishment;
3.4.2 the date the Assignment is to commence and the duration or proposed duration of the Assignment;
3.4.3 the Type of Work, location, and details of hours during which the Agency Worker would be required to work;
3.4.4 the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency Worker;
3.4.5 any risks to health and safety known to the Hiring School and which the Hiring School has communicated to Elevate in relation to the Assignment and the steps the Hiring School has taken to prevent or control such risks;
3.4.6 what experience, training, qualifications and any authorisation required by law or a professional body the Hiring School considers necessary or which are required by law to work in the Assignment; and
For the purposes of Section 1 of the Employment Rights Act, if any of the following apply, they shall also be included within the Assignment Details Form:
3.4.7 any other paid leave such as maternity, paternity or adoption leave;
3.4.8 the details of pension entitlements and pensions schemes; and
3.4.9 any other benefits
3.5 For the purpose of calculating the average number of weekly hours worked by the Agency Worker on an Assignment for the purposes of the WTR, the start date for the relevant averaging period shall be the date on which the Agency Worker commences the First Assignment.
3.6 If, before or during an Assignment or during the Relevant Period, the Hiring School wishes to Engage the Agency Worker directly or through another employment business, the Agency Worker acknowledges that Elevate will be entitled either to charge the Hiring School a Transfer Fee or to agree a Period of Extended Hire with the Hiring School at the end of which the Agency Worker may be Engaged directly by the Hiring School or through another employment business without further charge to the Hiring School. In addition, Elevate will be entitled to charge a Transfer Fee to the Hiring School if the Hiring School introduces the Agency Worker to a third party (other than another employment business) who subsequently Engages the Agency Worker, directly or indirectly, before or during an Assignment or within the Relevant Period.
3.7 If the Agency 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 Agency 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 AWR which are different and preferential to rights and entitlements relating to the same under the WTR, any such terms and conditions will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form (as appropriate).
4.1. The Agency Worker is not obliged to accept any Assignment offered by Elevate but if the Agency Worker does accept an Assignment, then during every Assignment and afterwards where appropriate, he/she will:
4.1.1 co-operate with the Hiring School’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hiring School’s organisation;
4.1.2 observe any relevant rules and regulations of the Hiring School’s establishment (including normal hours of work) to which attention has been drawn or which the Agency Worker might reasonably be expected to ascertain;
4.1.3 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 Hiring School;
4.1.4 not engage in any conduct detrimental to the interests of Elevate and/or Hiring School which includes any conduct which could bring Elevate and/or the Hiring School into disrepute and/or which results in the loss of custom or business by either Elevate or the Hiring School;
4.1.5 not commit any act or omission constituting unlawful discrimination against or harassment of any member of Elevate's or the Hiring School's staff;
4.1.6 not at any time tell or give to any person, nor use for his or her own or any other person’s benefit, any Confidential Information relating to the Hiring School’s or Elevate’s employees, business affairs, transactions or finances;
4.1.7 on completion of the Assignment or at any time when requested by the Hiring School or Elevate, return to the Hiring School or where appropriate, to Elevate, any Hiring School property or items provided to the Agency Worker in connection with or for the purpose of the Assignment, including, but not limited to any equipment, resources, documents, swipe cards, or ID cards.
4.2 If the Agency Worker accepts any Assignment offered by Elevate, as soon as possible prior to the commencement of each such Assignment and during each Assignment (as appropriate) and at any time at Elevate’s request, the Agency Worker undertakes to:
4.2.1 inform Elevate of any Calendar Weeks prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment in which the Agency Worker has worked in the same or a similar role with the relevant Hiring School via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
4.2.2 provide Elevate 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 Elevate; and
4.2.3 inform Elevate if he/she has prior to the 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 he/she has:
4.2.3.1 completed two or more assignments with the Hiring School;
4.2.3.2 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
4.2.3.3 worked in more than two roles during an assignment with the Hiring School and on at two occasions worked in a role that was not the same role as the previous role.
4.3 If the Agency Worker is unable for any reason to attend work during the course of an Assignment he/she should inform Elevate within 1 hour of the commencement of the Assignment or working day. In the event that it is not possible to inform Elevate within these timescales, the Agency Worker should alternatively inform the Hiring School and then Elevate as soon as possible.
4.4 If, either before or during the course of an Assignment, the Agency Worker becomes aware of any reason why he/she may not be suitable for an Assignment, he/she shall notify Elevate without delay.
4.5 The Agency Worker warrants that in relation to these Terms, he/she 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 Elevate or the Hiring School to breach any Data Protection Laws.
4.6 The Agency Worker acknowledges that any breach of his/her obligations set out in these Terms may cause Elevate to suffer loss and that Elevate reserves the right to recover such losses from the Agency Worker.
5.1 At the end of each Timesheet Period during which the Agency Worker has undertaken one or more Assignments or part thereof, the Agency Worker shall deliver to Elevate via the relevant section of the Platform a timesheet duly completed to indicate the number of hours worked during the preceding Timesheet Period.
5.2 Once the Agency Worker has submitted a timesheet in accordance with clause 5.1., and provided it is submitted to Elevate within the Timesheet Period, Elevate shall seek approval of such timesheet from the relevant Hiring School(s).
5.3 Subject to clauses 5.1. and 5.4., Elevate shall pay the Agency Worker for all hours worked regardless of whether Elevate has received payment from the Hiring School for those hours.
5.4 Where the timesheet is not approved by the Hiring School in accordance with clause 5.2., Elevate shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency Worker and the reasons that the Hiring School has not approved the timesheet in respect of those hours. This may delay any payment due to the Agency Worker. Elevate will not pay the Agency Worker for hours not worked, and may not pay the Agency Worker for the hours worked until the timesheet is approved.
5.5 For the avoidance of doubt and for the purposes of the WTR, the Agency Worker’s working time shall only consist of those periods during which he/she is carrying out activities or duties for the Hiring School as part of the Assignment. Time spent travelling to the Hiring School’s premises (apart from time spent travelling between two or more premises of the Hiring School), lunch breaks and other rest breaks shall not count as part of the Agency Worker’s working time for these purposes. This clause 5.5. is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which Elevate may make for the purpose of compliance with the AWR.
6.1 For each Assignment, Elevate shall pay to the Agency Worker the Hourly Rate. The Actual Rate of Pay will be notified on a per Assignment basis and set out in the relevant Assignment Details Form.
6.2 If the Agency Worker has completed the Qualifying Period on the startof the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, Elevate shall pay to the Agency Worker the Actual QP Rate of Pay which will be notified on a per Assignment basis and set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
6.3 The Hourly Rate, Actual Rate of Pay or Actual QP Rate of Pay, as applicable, will be paid weekly in arrears, subject to any Deductions and/or Agreed Deductions, together with any agreed Emoluments.
6.4 Subject to any statutory entitlement under the relevant legislation referred to in clauses 7. (Annual leave) and 8. (Sickness absence) below and any other statutory entitlement, the Agency Worker is not entitled to receive payment from Elevate or the Hiring School for time not spent on Assignment, whether in respect of holidays, illness or absence for any other reason unless otherwise agreed.
6.5 Subject to compliance with Regulation 12 of the Conduct Regulations, Elevate reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which he/she may owe Elevate including, without limitation, any overpayments or loans made to the Agency Worker by Elevate or any losses suffered by Elevate as a result of his/her negligence or breach of either Elevate’s or the Hiring School’s rules.
7.1 Subject to clause 7.3., the Agency Worker is entitled to paid annual leave according to the statutory minimum as provided by the WTR from time to time. The current statutory entitlement to paid annual leave under the WTR is 5.6 weeks.
7.2 The Agency Worker’s entitlement to payment for annual leave under clause 7.1. accrues in proportion to the amount of time worked by them on Assignment during the pay period at the rate of 12.07%.
7.3 Under the AWR, on completion of the Qualifying Period the Agency Worker may be entitled to paid and/or unpaid annual leave in addition to the Agency Worker's entitlement to paid annual leave under the WTR and in accordance with clauses 7.1. and 7.2.. If this is the case, any such entitlement(s), the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be as set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form.
7.4 The Agency Worker must take all annual leave during the Leave Year in which it accrues and, except as may be set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form, the Agency Worker may not carry any annual leave forward to the next year. The Agency Worker is responsible for ensuring that they request and take all paid annual leave within the Leave Year.
7.5 If the Agency Worker wishes to take paid annual leave during an Assignment he/she should notify Elevate of the dates of his/her intended absence giving notice of at least twice the length of the period of annual leave that he/she wishes to take. In certain circumstances Elevate may require the Agency Worker to take paid annual leave at specific times or notify the Agency Worker of periods when paid annual leave cannot be taken. Where the Agency Worker has given notice of a request to take paid annual leave in accordance with this clause, Elevate may give counter-notice to the Agency Worker to postpone or reduce the amount of leave that the Agency Worker wishes to take. In such circumstances Elevate will inform the Agency Worker in writing giving at least the same length of notice as the period of leave that it wishes to postpone or reduce it by.
7.6 Subject to clause 7.3., the amount of payment which the Agency Worker will receive in respect of periods of annual leave accrued during an Assignment will be calculated in accordance with and paid in proportion to the amount of annual leave they have accrued whilst on the Assignment. This will be based on the number of hours which the Agency Worker has worked on Assignment.
7.7 Subject to clause 7.3., during any Assignment during the first Leave Year, the Agency Worker is entitled to request leave at the rate of one-twelfth of the Agency Worker’s total holiday entitlement in each month of the leave year, provided Elevate has not opted to pay rolled up holiday pay.
7.8 Except where this clause is amended by the Assignment Details Form, where a bank holiday or other public holiday falls during an Assignment and the Agency Worker does not work on that day, then subject to the Agency Worker having accrued entitlement to payment for leave in accordance with clause 7.2. or clause 7.3. (if applicable), that day shall count as part of the Agency Worker’s paid annual leave entitlement.
8.1 The Agency Worker may be eligible for statutory sick pay (SSP) provided that he/she meets the relevant statutory criteria.
8.2 The Agency Worker must give Elevate 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 SSP 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 If the Agency Worker submits a statement of fitness for work (“the Statement”) or similar medical evidence, which indicates that the Agency Worker may, subject to certain conditions, be fit to work/return to work, Elevate will in its absolute discretion determine whether the Agency Worker will be (a) placed in a new Assignment or (b) permitted to continue in an ongoing Assignment. In making such determination Elevate may consult with the Hiring School and the Agency 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 Agency Worker’s placement in a new Assignment or continuation in an ongoing Assignment may be subject to the Agency Worker agreeing to a variation of the Terms or the assignment details set out in the Assignment Details Form to accommodate any conditions identified in the Statement or other similar medical evidence as is appropriate.
9.1 Any of Elevate, the Agency Worker or the Hiring School may terminate the Agency Worker’s Assignment at any time without prior notice or liability.
9.2 The Agency Worker acknowledges that the continuation of an Assignment is subject to and conditioned by the continuation of the contract entered into between Elevate and the Hiring School. If the contract between Elevate and the Hiring School is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Agency Worker (except for payment for hours worked by the Agency Worker up to the date of termination of the Assignment).
9.3 If the Agency Worker does not tell the Hiring School or Elevate that they are unable to attend work during the course of an Assignment (as required in clause 4.3.) this will be treated as termination of the Assignment by the Agency Worker in accordance with clause 9.1., unless the Agency Worker can show that exceptional circumstances prevented him or her from complying with clause 4.3..
9.4 If the Agency Worker is absent during an Assignment and the Assignment has not been otherwise terminated under clauses 9.1. or 9.3. above, Elevate will be entitled to terminate the Assignment in accordance with clause 9.1. if the work to which the Agency Worker was assigned is no longer available.
9.5 Without prejudice to the provisions of clause 2.1., Elevate or the Agency Worker may terminate this contract for services or any contract arising under these terms without prior notice or liability.
The Agency Worker acknowledges that all copyright, trademarks, patents and other intellectual property rights deriving from services carried out by him/her for the Hiring School during the Assignment shall belong to the Hiring School. Accordingly, the Agency Worker shall execute all such documents and do all such acts as Elevate shall from time to time require in order to give effect to its rights pursuant to this clause.
11.1 In order to protect the confidentiality and trade secrets of any Hiring School and Elevate and without prejudice to every other duty to keep secret all information given to it or gained in confidence the Agency Worker agrees as follows:
11.1.1 not at any time, whether during or after an Assignment (unless expressly so authorised by the Hiring School or Elevate 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 Hiring School or Elevate with the exception of information already in the public domain;
11.1.2 to deliver up to the Hiring School or Elevate (as directed) at the end of each Assignment all documents and other materials belonging to the Hiring School (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 Hiring School 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 Hiring School or Elevate as appropriate.
The Agency Worker acknowledges that Elevate must process personal data about him/her in order to properly fulfil its obligations under these Terms and as otherwise required by law in relation to his/ her engagement in accordance with the Data Protection Laws. Such processing will principally be for personnel, administrative and payroll purposes.
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.
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, when that email is sent.
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.
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.
Last updated: 2024-05-17 UK/ELS/EMPL-TC-CTE/1.0-2405
