Register

Please find below the necessary application forms as discussed with your consultant. Please complete the required fields and press the next button at the bottom of each form. The forms will then be sent to Step by Step’s Vetting and Compliance Team to be checked over. If you have any queries when completing the forms, please don’t hesitate to get in touch with your consultant for guidance.

Step 1 of 16

Step by Step Education Application Form

Education and Qualification

We require a CV which documents your work history for the past 10 years. Please clarify any gaps that are 3 months or more.

Max. file size: 50 MB.

Or fill fields below

If you have attached your CV, we only require you to consent to this first form (as below) and type in your email and date accordingly.

A Secondary Education

Names of Schools/ Colleges/Further Education

From / To

Qualifications Obtained (please indicate Level, Awarding Body, Subjects and Grades)

Date of Award(s)

Higher and Professional Education

Names of Schools/ Colleges/Further Education

From / To / (Full Time/ Part Time)

Qualifications Obtained (please indicate Level, Awarding Body, Class Subjects and Grades)

Date of Award(s)

Employment History

Employer

Nature of Employment (Please include reason for leaving)

From / To

including part-time and voluntary work. Please give exact dates and indicate the reasons for any gaps in employment record

Consent(Required)

By supplying this information I consent to Step by Step Education Ltd using it for verification and for all employment purposes as defined in data protection legislation.

I certify that to the best of my knowledge all the information I have given is correct. I understand that by deliberately giving false or incomplete answers I will be disqualified from consideration for this post or, if I am appointed, may be liable to summary dismissal with possible referral to the police.

Email(Required)

Date(Required)

DD slash MM slash YYYY

New Starter Details

Name(Required)

Title First Last

Address(Required)

Street Address Address Line 2 City County ZIP / Postal Code

Date of Birth(Required)

DD slash MM slash YYYY

National Insurance Number(Required)

Your present circumstances:(Required)

This is my first job since last 6th April and I have not been receiving taxable Jobseeker’s Allowance or taxable Incapacity Benefit or a state or occupational pension.

This is now my only job, but since last 6th April I have had another job, or received taxable Jobseeker’s Allowance, Incapacity Benefit/Universal Credit. I do not receive a state pension or occupational pension.

I have another job or receive a state or occupational pension.

Student Loans

I have left a course of higher education before last 6th April and received first Student Loan instalment on or after 1st September 1998 and I have not fully repaid my Student Loan.

I'm required to repay my Student Loan through my bank or building society account.

Print Name Here to agree(Required)

Email(Required)

Date

DD slash MM slash YYYY

Candidate Consent – In Line With GDPR Requirements

Name(Required)

Title First Last

Consent(Required)

I hereby give my consent to Step by Step Education Ltd (Step by Step) to process the following information in line with GDPR requirements:

Personal data

Name
Date of birth
Contact details, including telephone number, email address and postal address
Experience, training and qualifications
CV
National insurance number
Rights to work in the UK

Sensitive personal data

Disability/health condition relevant to the role
Criminal conviction

I consent to Step by Step processing the above personal data for the following purposes:

to provide me with work-finding services
to process with or transfer my personal data to their client/s (e.g. schools/nurseries) in order to provide me with work-finding services

I also consent to Step by Step processing my personal data with third parties (e.g. HMRC, REC) for the purposes of internal audits and investigations carried out on Step by Step to ensure that Step by Step is complying with all relevant laws and obligations.

I understand that the consent I give to Step by Step will be on an annual rolling basis in line with Step by Step’s Good Practice Policies.

I am aware that I have the right to withdraw my consent at any time by informing Step by Step that I wish to do so.

Signed by candidate(Required)

Date(Required)

DD slash MM slash YYYY

Email(Required)

Proof of Right to Work

Required Documents

Please follow the below link for guidance of acceptable proof of right to work documents. https://www.citizensadvice.org.uk/work/right-to-work-in-the-uk/understanding-your-right-to-work/check-how-to-prove-your-right-to-work-in-the-uk

Photo Identification

Drop files here or

Accepted file types: pdf, zip, jpeg, jpg, png, doc, docx, Max. file size: 50 MB.

i.e. passport/photocard driving licence) more the better

Proof of Qualifications

Drop files here or

Accepted file types: pdf, zip, jpeg, jpg, png, doc, docx, Max. file size: 50 MB.

eg. PGCE, BEd, QTS, NNEB, NVQ etc) including Safeguarding & Team Teach training (if applicable)

Referee Details

We require FULL contact details for at least two professional referees, including your most recent employer. Please include professional email addresses and phone numbers. Please note that you will not be able to work without sufficient references.

Name

First Last

Position

Phone

Address

Street Address Address Line 2 City County ZIP / Postal Code Country

Referee 2

Name

First Last

Address

Street Address Address Line 2 City County ZIP / Postal Code Country

Position

Phone

Evidence of Level 1 Safeguarding Training issued within the last 3 years If you have not completed your Safeguarding Level 1, you may need to complete this before working for Step by Step Education. Follow the below link to obtain your level 1 Safeguarding and go to Self-Registration to create an account.
Login - Blackburn with Darwen Learning (melearning.university)

DBS Enhanced Disclosure Certificate that is registered with the DBS update service. We will be happy to apply for a new DBS application via our ‘on-line’ facility if your current DBS is not registered with the update service. If this is the case, it is now a mandatory requirement that we see original documents that are submitted into the DBS application form.

Before we can proceed with a new application, we require a method of payment for the DBS application. £55.00 for a manual DBS or £63.20 for a digital DBS (This includes VAT, Right to Work Check and admin cost) can be made by cash, cheque (Step by Step Education Ltd) or by transferring the money online: Please put the reference as your name and DBS so that we can identify the payment. Barclays Bank plc /Step By Step Education Limited Sort Code: 20-69-85 Account Number:- 53026078

In order for Step by Step to offer you work in the future you will need to register with the DBS online Update Service (https://www.gov.uk/government/publications/dbs-update-service-applicant-guide/dbs-update-service-applicant-guide) when you apply for a DBS certificate. Employers can check someone’s DBS certificate status online and get results straight away, meaning you may never need to apply for another one again. The service costs £13 per year.

DBS Certificate

Drop files here or

Accepted file types: pdf, zip, jpeg, jpg, png, doc, docx, Max. file size: 50 MB.

Step by Step Education can only accept the following evidence for proofs of address:

Please see dropdown for acceptable proofs of address

Two Proofs of Address

Drop files here or

Max. file size: 50 MB.

Please see below for acceptable proofs of address

Proof of Change of Name

Drop files here or

Max. file size: 50 MB.

eg Marriage Certificate, Absolute decree

P45

Drop files here or

Max. file size: 50 MB.

Overseas Police Check

Drop files here or

Max. file size: 50 MB.

if applicable

Teacher Reference Number and Proof of Pay Scale Rate

Drop files here or

Max. file size: 50 MB.

With supporting evidence e.g. Payslip from local authority or letter/ email from Authority

Evidence of N.I. Number

Drop files here or

Max. file size: 50 MB.

eg National Insurance card, payslip, P60

Two Passport or ID Sized photographs

Drop files here or

Max. file size: 50 MB.

Equality and Diversity Policy

I declare that the information given to Step by Step Education is, to the best of my knowledge true. I understand that my registration is satisfactory to references and any other checks necessary to support my application. I acknowledge that this information may form the basis of a computerised system to which I will have access as determined by the Data Protection Act 1984.

I hereby authorise Step by Step Education Ltd and present employers to give any information that may be sought concerning this application regarding my work, character or skill for the purpose of referencing. I understand and agree to the passing on of these references, once I have accepted employment, to a future employer. I further agree to treat as confidential any information I receive concerning the business of Step by Step Education Ltd or its clients and not to disclose information in any other way than as directed by Step by Step Education in connection with the business of Step by Step Education Ltd in accordance with company policy.

I understand Step by Step Education Ltd operate an equal opportunities policy, which means it will not discriminate, directly or indirectly against people on the grounds of their gender, marital status, race, colour, religion and ethnic origin. I further understand that Step by Step Education Ltd will not discriminate in advertising, selecting, offering training or providing benefits and services. Every vacancy will be open to those who have the relevant experience or qualifications specified to perform the required duties.

I declare that all statements declared are, to the best of my knowledge, true and complete. Should any details change whilst I am registered with Step by Step Education Ltd I will immediately notify Step by Step Education, and if appropriate, the client where I am working. I understand that should any information to be inaccurate, my assignment will be terminated.

I hereby authorise Step by Step Education Ltd seek references and I understand the information may be used to assist with my application for work. I agree the information may be used for registration purpose under the Data Protection Act. I also acknowledge that I am in receipt of the information about Step by Step’s policies and procedures. I have also received confirmation of the conduct expected of teachers, policies and procedures in relation to safeguarding and promoting welfare i.e. children protection, anti bullying, equal opportunities, physical intervention and restraint, PPA time.

Name(Required)

Title First Last

Email(Required)

Print Name Here to agree(Required)

Date

DD slash MM slash YYYY

Medical Fitness

The following questions on health and disability are asked in order to find out your needs in terms of reasonable adjustments to access our recruitment service and to find out your needs in order to perform the job or position sought.

1. Do you have any health issues or a disability relevant to the role which may make it difficult for you to carry out functions which are essential for the role you seek?

Yes

If YES

Please specify

2. If you have a disability, what are your needs in terms of reasonable adjustments in order to access this recruitment serviceand to attend interview, or to take aptitude tests etc.?

Please specify

Name(Required)

First Last

Date(Required)

DD slash MM slash YYYY

Email(Required)

DBS Application Receipt and Consent for Online DBS Check

(copy to be taken by the candidate and one to be retained by Step by Step)

In order for Step by Step to get you fully cleared for work we will need you to subscribe to the DBS (Disclosure and Barring Service).

Permission for Step by Step Education(Required)

I give permission for Step by Step Education Ltd to carry out a DBS online status check at least every six months.

Already registered

My DBS Certificate is already registered with the DBS update service.

To subscribe to the Update Service, visit the following web page:

https://secure.crbonline.gov.uk/crsc/apply?execution=e1s1

There is an annual subscription fee of £13.00 that will be paid via debit or credit card at the time of subscription. Please note that you only have 30 days to subscribe to the Update Service.

Once you have received your DBS certificate in the post, it is imperative that you either bring or post the original to Step by Step’s Preston office so we can take a copy of it. Unless Step by Step are able to sight the original new Enhanced DBS certificate when it arrives and we have permission to check the status of it online, we will not be able to offer you work in schools or nurseries. To give us permission to carry out these checks, please sign the consent below.

Name(Required)

First Last

Payment Amount (if applicable)

Email(Required)

I have made a payment (if applicable) to Step by Step Education Ltd to cover DBS Application costs.

Method of payment

Cash

Cheque

Bank Transfer

Candidate Signature(Required)

Office Signature

Date(Required)

DD slash MM slash YYYY

Disqualification Under the Childcare Act 2006 – Statutory Guidance for Schools

Please only sign this form if you are likely to work with children under 8 years old. If you are not going to work with children under 8 years old, please skip this form and continue.

Please find below the link for the Department for Education Disqualification under the Childcare Act 2006 – statutory guidance for schools dated July 2018 (the statutory guidance).

https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006

A hard copy can be provided if needed.

It sets out the circumstances in which individuals are disqualified from undertaking certain childcare work (relevant childcare work) under the relevant statutory provisions.

As part of our safeguarding checks we are required to check whether any candidates who are seeking work that involves relevant childcare work are ‘disqualified’ from carrying out that type of work.

Individuals may be disqualified because they have either been convicted of a relevant offence or are subject to a relevant order. Before interview stage, you should have reviewed the statutory guidance which provides further details.

I confirm that:

I have read the statutory guidance

I am not disqualified on any of the grounds set out in the statutory guidance

Name

Title First Last

Print Name Here to agree

Date

DD slash MM slash YYYY

We are required to notify you that is a criminal offence for you to work in a relevant childcare role or to be directly concerned with the management of such provision if you are disqualified under the relevant statutory provisions.

If you are disqualified we will not be able to place you/supply you into a role that involves relevant childcare work. However, as set out in the statutory guidance you may be able to apply to Ofsted for a waiver of disqualification and you should contact Ofsted directly for details of the application process.

Keeping Children Safe in Education

Read first before signing the Terms of Engagement

All staff who work directly with children in schools and colleges in the United Kingdom have a responsibility to read Part one: Information for all school and college of Keeping Children Safe in Education September 2023.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1181962/Keeping_children_safe_in_education_2023_-_part_one.pdf

Keeping Children Safe in Education (often shortened to KCSiE) is a piece of statutory government guidance that sets out the legal duties all staff in education must follow to safeguard and promote the welfare of children and young people aged under 18 years in UK schools and colleges.

The guidance applies to all schools and education settings.

What is safeguarding?

It might be difficult to accept, but every child can be hurt, put at risk of harm or abused, regardless of their age, gender, religion or ethnicity.

Safeguarding legislation and government guidance says that safeguarding means:

protecting children from maltreatment
preventing impairment of children’s health or development
ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.
taking action to enable all children and young people to have the best outcome

Step by Step Education is committed to safeguarding and promoting the welfare of children and young people and expects our staff to share this commitment.

I can confirm that I have read and understood the guidance, which was made available to me before my registration with Step by Step Education.

Name(Required)

First Last

Print Name Here to agree(Required)

Email(Required)

Date(Required)

DD slash MM slash YYYY

Regulated Activity With Adults

This is a key question to ask when deciding what level of Disclosure to request and whether a check of the Barred Lists should be requested, as part of the Enhanced Disclosure. The main aspects of this decision should be centred around the activities, and each organisation should assess this for themselves. The eligibility for Regulated Activity with adults is broadly broken down into 6 categories.

What work with adults are staff members carrying out?

Providing Health Care

This includes health care work undertaken by (or under supervision from) a regulated Health Care Professional e.g. regulated by GMC or HPC.
Health care includes all forms of health care relating to physical or mental health, including palliative care.

Providing Personal Care

Includes providing an adult with physical assistance with eating, drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin because of the adults age, illness or disability (this includes someone who prompts and then supervises an adult to undertake the above actions as they are unable to make the decision for themselves)
Anyone who trains, instructs or provides guidance to an adult on the above actions because of their age, illness or disability is in Regulated Activity.

Providing Social Work

The activities of a regulated Social Worker in relation to adults who are clients or potential clients are a Regulated Activity. This includes assessing the need for health or social care services, and providing ongoing support to clients.

Conveying

This includes any drivers or assistants who transport an adult because of their age, illness or disability to or from places where they have received, or will be receiving health care, relevant personal care or relevant social work (as above). Hospital Porters, Patient Transport Service drivers and assistants are also included in this group.
This does not include licensed taxi drivers or licensed private hire drivers unless they are undertaking trips taken for the above listed purposes.

Excluded from this list of roles is any activity carried out in the course of family relationships, and personal, non-commercial relationships, for example a family friend driving a friend to their hospital appointment for petrol money. In the guidance provided an Adult is classed as anyone 18 years old or older.

Management functions – A person whose role includes the day to day management or supervision of any person who is engaging in Regulated Activity with adults, is also in Regulated Activity.

The above activities only need to be done once by an employee, to be classed as Regulated Activity with adults.

Name

First Last

I Require a DBS check which includes an adult’s barred list check:

Yes

Candidate Signature

Date

DD slash MM slash YYYY

Rehabilitation of Offenders Act Statement

Before completing this section please read our Statement of the Recruitment of ex-offenders Act. This form must be completed by candidates seeking work in roles which are exempt from the Rehabilitation of Offenders Act 1974. For this reason you are required to disclose information about both spent and unspent convictions. You are not required to declare any information about ‘protected’ offences (offences to which the filtering rules apply). If you require further information about convictions which are unspent/spent contact organisations such as NACRO or Unlock for further assistance.

Do you have any convictions or cautions (excluding youth cautions, reprimands or warnings) that are not ‘protected’ as defined by the Ministry of Justice?

Yes

If you have answered ‘Yes’, there are two ways of providing further details.

(a) Provide the offence dates, dates of conviction/caution, offence types and sentences received below

(b) Provide further details (as above) on a separate document by placing note here and attaching the document to this form by choosing files below.

Other details

Max. file size: 50 MB.

Provide further details by uploading document

The amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) provides that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. You are not required to provide any information about protected (filtered) offences. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account.

If you have declared any convictions you are welcome to provide us with any additional information that you think may be relevant and which will help us to determine your suitability to be put forward for roles with our clients. This could include for example information about the circumstances of the offence, any work (paid or voluntary) or training that you have undertaken since, change in your circumstances etc.

We will seek to put forward/supply the best possible candidates to our clients. Having a criminal conviction will not necessarily exclude you from the process.

Failure to declare a conviction may require us to exclude you from our register if the offence is not declared but later comes to light. If you are working in an assignment with a client at the time that we are made aware of a conviction that has not been disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.

In the event that you are subject to any kind of investigation or prosecution relating to a criminal act and/or which could lead to a conviction/police caution after the most recent DBS/Update Service check was undertaken, please inform your consultant immediately.

Data Protection Statement
Step by Step Education Ltd provides work-finding services to its clients and work-seekers. We must process personal data (including sensitive personal data) so that we can provide these services – in doing so, we act as a data controller. This is why we have asked for your personal data on this form. When we process your personal data we must do so in accordance with data protection laws. Those laws require us to give you a Privacy Statement to explain how we manage your personal data. Please see the GDPR form which we will give to you separately.

Name(Required)

First Last

Email(Required)

Print Name Here to agree(Required)

Date(Required)

DD slash MM slash YYYY

Statement of the Recruitment of Ex-Offenders Act

As an organisation using the Disclosure and Barring Service (DBS) checking service to assess applicants’ suitability for positions of trust, Step By Step Education Ltd complies fully with the Code of Practice and undertakes to treat all applicants for positions fairly.

It undertakes not to discriminate unfairly against any subject of a DBS check on the basis of a conviction or other information revealed.

Step By Step Education Ltd is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
We have a written policy on the recruitment of ex-offenders, which is made available to all DBS applicants at the outset of the recruitment process.
We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.
Where a DBS check is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person within Step By Step Education Ltd and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows Step By Step Education Ltd to ask questions about your entire criminal record, we only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders Act 1974.
We ensure that all those in Step By Step Education Ltd who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
We make every subject of a DBS check aware of the existence of the Code of Practice and make a copy available on request.
We undertake to discuss any matter revealed in a DBS check with the person seeking the position before withdrawing a conditional offer of employment.

Filtering rules for criminal record check certificates

For those 18 or over at the time of the offence:

An adult conviction will be removed from a DBS certificate if:

11 years have elapsed since the date of conviction; and
it is the person’s only offence, and
it did not result in a custodial sentence

Even then, it will only be removed if it does not appear on the list of offences which will never be removed from a certificate. If a person has more than one offence, then details of all their convictions will always be included.

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.

For those under 18 at the time of the offence:

The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years

The same rules apply as for adult cautions, except that the elapsed time period is 2 years.

* The term ‘Caution’ includes reprimands and warnings.

** A conviction is a determination of guilt by a court in relation to a specific offence. Multiple offences, whether arising from different occasions or from a single event, and in relation to which a court on one or more occasions reaches a determination of guilt, are to be treated as multiple convictions for filtering purposes.

Name(Required)

First Last

Email(Required)

Print Name Here to agree(Required)

Date(Required)

DD slash MM slash YYYY

Key Information Document ‒ PAYE

Read first before signing the Terms of Engagement.

This document sets out key information about your relationship as a work-seeker with us, as an employment business, including details about pay, holiday entitlement and other benefits. You can find more information at https://stepbystepeducation.co.uk/

The Employment Agency Standards (EAS) Inspectorate is the government authority responsible for the enforcement of certain agency worker rights. You can raise a concern with them directly on 020 7215 5000 or through the ACAS helpline on 0300 123 1100, Monday to Friday, 8am to 6pm.

General Information

Name(Required)

Title First Last

Name of employment business

Your employer (if different from the employment business)

Type of contract you will be engaged under

Who will be responsible for paying you (if different from your employer)

How often you will be paid

Expected or minimum rate of pay

Deductions from your pay required by law

Any other deductions or costs from your pay

To include amounts or how they are calculated

Any fees for goods or services

Holiday entitlement and pay

Additional benefits

Representative example of your pay

Example rate of pay

Deductions from your wage required by law:

Any other deductions from your wage:

Any fees for good or services:

Example net take home pay:

Email(Required)

Date(Required)

DD slash MM slash YYYY

Terms of Engagement With an Agency Worker

1. DEFINITIONS AND INTERPRETATION

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 supplied by the Employment Business to provide services to the Hirer;

Name(Required)

Title First Last

Address(Required)

Street Address Address Line 2 City County ZIP / Postal Code

“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 Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for and under the supervision and direction of the Hirer;

“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 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 Agency 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, 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 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” Step by Step Education Limited (registered company no. 6444784 – 80 Lytham Road, Fulwood, Preston, Lancashire, UK, PR2 3AQ.

“Engagement” means the engagement (including the Agency Worker’s acceptance of the Hirer’s offer), employment or use of the Agency Worker by the Hirer or any third party to whom the Agency 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 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 Hirer 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 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 Agency 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; [See Note 24]

“Hourly Rate” means without any holiday enhancement £…………… Min per hour being the minimum gross rate of pay that the Employment Business reasonably expects to achieve, for all hours worked by the agency worker. Holiday enhancement pay of £…………. (12.07%) will be rolled up in your hourly rate, giving you the total of £…………

holiday enhancemen

£..... Min per hour.

Holiday enhancement pay of

£....... (12.07%) will be rolled up in your hourly rate

giving you the total of

£…………. per hour

“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 may take statutory leave commencing on the date that the Agency Worker starts an Assignment or a series of Assignments 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 Hirer 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;

“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 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 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 Agency 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 Agency 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;

“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” means as defined in the Schedule to these Terms;

“Terms” means these terms of engagement (including the attached schedule) together with any applicable Assignment Details 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;

“Type of Work” means either (Delete where applicable)…………………………..
Supply Teacher/Supply Early Years Practitioner/Supply Teaching Assistant/Supply Cover Supervisor.

“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. THE CONTRACT

2.1. These Terms constitute the entire agreement between the Employment Business and the Agency Worker for the supply of services to the Hirer 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 however, no contract shall exist between the Employment Business 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 the Employment Business 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 the Employment Business although the Employment Business is required to make the Deductions from the Agency Worker’s pay. These Terms shall not give rise to a contract of employment between the Employment Business and the Agency Worker, or the Agency Worker and the Hirer. 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. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Agency Worker and set out in writing and a copy of the varied terms is given to the Agency 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 Agency 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 Agency Worker to perform the agreed Type of Work. The Agency Worker shall not be obliged to accept any Assignment offered by the Employment Business.
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 the Employment Business; and
- 3.2.2. the Employment Business 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. At the same time as an Assignment is offered to the Agency Worker the Employment Business shall provide the Agency Worker with an Assignment Details Form setting out the following:
For the purposes of the Conduct Regulations:
- 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 Type of Work, location and details of hours during which the Agency Worker would be required to work;
- 3.3.4. the Actual Rate of Pay that will be paid, intervals and any expenses payable by or to the Agency 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;
- 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; and
- For the purposes of Section 1 of the Employment Rights Act:
- 3.3.7. any other paid leave such as maternity, paternity or adoption leave;
- 3.3.8. the details of pension entitlements and pensions schemes; and
- 3.3.9. any other benefits
3.4. Where the Employment Business does not give such information in paper form or by electronic means, it shall confirm the information by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following except where:
- 3.4.1. the Agency Worker is being offered an Assignment in the same position as one in which the Agency Worker has previously been supplied within the previous 5 business days and such information has already been given to the Agency 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 Agency 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 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 3.3 to the Agency 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 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.
3.7. If, before or during an Assignment or during the Relevant Period, the Hirer wishes to Engage the Agency Worker directly or through another employment business, the Agency 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 Agency 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 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.
3.8. 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. AGENCY WORKER’S OBLIGATIONS

4.1. The Agency Worker is not obliged to accept any Assignment offered by the Employment Business 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 Hirer’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Hirer’s organisation;
- 4.1.2. 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 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 Hirer;
- 4.1.4. 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;
- 4.1.5. not commit any act or omission constituting unlawful discrimination against or harassment of any member of the Employment Business’s or the Hirer’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 Hirer’s or the Employment Business’s employees, business affairs, transactions or finances;
- 4.1.7. 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 Agency 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.
4.2. If the Agency 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’s request, the Agency Worker undertakes to:
- 4.2.1. 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 Agency Worker has worked in the same or a similar role with the relevant Hirer via any third party and which the Agency Worker believes count or may count toward the Qualifying Period;
- 4.2.2. 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
4.2.3. inform the Employment Business 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 Hirer;
- 4.2.3.2. completed at least one assignment with the Hirer and one or more earlier
  assignments with any member of the Hirer’s Group; and/or
- 4.2.3.3. worked in more than two roles during an assignment with the Hirer and on at
  least 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 the Employment Business within 1 hour of the commencement of the Assignment or shift. In the event that it is not possible to inform the Employment Business within these timescales, the Agency Worker should alternatively inform the Hirer and then the Employment Business 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 the Employment Business 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 the Employment Business or the Hirer 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 the Employment Business to suffer loss and that the Employment Business reserves the right to recover such losses from the Agency Worker.

5. TIMESHEETS

5.1. At the end of 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) the Agency Worker shall deliver to the Employment Business a timesheet duly completed to indicate the number of hours worked during the preceding week (or such lesser period) and signed by an authorised representative of the Hirer.
5.2. Subject to clause 5.3, the Employment Business shall pay the Agency Worker for all hours worked regardless of whether the Employment Business has received payment from the Hirer for those hours.
5.3. Where the Agency Worker does not submit a properly authenticated timesheet the Employment Business shall, in a timely fashion, conduct further investigations into the hours claimed by the Agency 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 Agency Worker. The Employment Business will not pay the Agency Worker for hours not worked.
5.4. 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 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 Agency Worker’s working time for these purposes. This clause 5.4 is subject to any variation set out in the relevant Assignment Details Form or any variation to the relevant Assignment Details Form which the Employment Business may make for the purpose of compliance with the AWR.

6. PAY AND DEDUCTIONS

6.1. For each Assignment the Employment Business 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 start of the relevant Assignment or following completion of the Qualifying Period during the relevant Assignment, the Employment Business 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 the Employment Business or the Hirer 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, the Employment Business reserves the right in its absolute discretion to deduct from the Agency Worker’s pay any sums which he/she may owe the Employment Business including, without limitation, any overpayments or loans made to the Agency Worker by the Employment Business or any losses suffered by the Employment Business as a result of his/her negligence or breach of either the Employment Business’s or the Hirer’s rules.

7. ANNUAL LEAVE

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% [ Specify an alternative accrual rate if the agency worker receives more
than the statutory minimum entitlement to leave.
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 annual leave during an Assignment he/she should notify the Employment Business 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 the Employment Business may require the Agency Worker to take annual leave at specific times or notify the Agency Worker of periods when annual leave cannot be taken. Where the Agency Worker has given notice of a request to take annual leave in accordance with this clause, the Employment Business 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 the Employment Business 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. 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)

8. SICKNESS ABSENCE

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 the Employment Business 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, the Employment Business 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 the Employment Business may consult with the Hirer 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. TERMINATION

9.1. Any of the Employment Business, the Agency Worker or the Hirer 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 the Employment Business and the Hirer. If 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 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 Hirer or the Employment Business 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, the Employment Business 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. If the Agency Worker does not report to the Employment Business to notify his/her availability for work for a period of 6 weeks, this contract for services will automatically terminate and the Employment Business will forward his/her P45 to his/her last known address.

10. INTELLECTUAL PROPERTY RIGHTS

The Agency 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 Agency 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 Agency 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

The Agency Worker acknowledges that the Employment Business 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.

13. SEVERABILITY

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

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.

15. RIGHTS OF THIRD PARTIES

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.

16. SCHEDULE: “QUALIFYING PERIOD” AND “TEMPORARY WORK AGENCY”

For the purpose of the definition of "Qualifying Period" in clause 1.1 of these Terms, when calculating whether any weeks completed with the Hirer 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 the Employment Business, 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;
- IIV) 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) ordinary, compulsory or additional maternity leave;
  - 2) ordinary or additional adoption leave;
  - 3) ordinary or additional paternity leave;
  - 4) time off or other leave not listed in paragraphs (iv)i, ii, or iii above; or
  - 5) 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 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 Agency Worker returns to work in the same role with the Hirer, any weeks during which the Agency 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 Agency Worker works for the Hirer 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 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 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 hirers; 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 hirers.

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 hirers. For the purpose of this definition, a "hirer" 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.

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.

17. 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.

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Telephone: 01772 713819

Step by Step Education Ltd

80 Lytham Road
Fulwood
Preston
PR2 3AQ

Tel: 01772 713819
Fax: 01772 774137
Email: admin@stepbystepeducation.co.uk
Company Registration Number 6444784

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Terms	means these terms of engagement (including the attached schedule) together with any applicable Assignment Details 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;
Type of Work	means Supply