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Terms and Conditions of Business for the Provision of Supply Staff

These Terms and Conditions of Business are written in Plain English and constitute the contract between JJC Recruitment and a School, or other Hirer, and are deemed to be accepted by the School or Hirer following an introduction of a candidate.  An introduction includes submission of suitable CVs, interviews with, or engagement on Assignment of one of our Teachers or School Support Staff (SSS).

JJC Recruitment operates as an Employment Business (when supplying workers to you for a fixed period for a daily/hourly fee) and an Employment Agency (when introducing candidates to become your employees for a recruitment fee) as defined under the Employment Agencies Act 1973.

JJC Recruitment has a number of obligations under the Employment Agencies Act, the Agency Workers Regulations and the Recruitment and Employment Confederation Audited Education scheme.  Our own internal standards go further than those required by law.

JJC Recruitment is paid on results.  We only invoice you when we have successfully filled your temporary or permanent vacancy with one of our Teachers or SSS.

This Contract constitutes the terms under which JJC Recruitment will supply you with one of its Teachers or SSS to work in your school on an Assignment.  An Assignment is defined as any work undertaken by a JJC Recruitment teacher or SSS.

 

1.  JJC Recruitment’s Obligations

1.1  JJC Recruitment will provide you with suitable supply teachers and SSS to work under the direction and control of the school management on a daily, weekly, termly or annual basis (half days are also possible).

1.2  All JJC Recruitment Teachers and SSS are subject to strict professional assessment and vetting, the results of which will be emailed to you before an Assignment begins. Our Photo ID vetting check is OFSTED compliant and is suitable for your Single Central Record.  A full list of our standard vetting checks can be found at the end of this contract.

1.3  JJC Recruitment will match the skills and specialisms of our supply staff to the specific requirements of your vacancy.

1.4  JJC Recruitment will advertise your long-term and permanent vacancies on jjcrecruitment.uk and other jobs boards at no cost to you.

1.5  It is assumed that all Assignments involve working with Vulnerable Persons and we confirm that we comply with all Statutory Guidance and Legislation.

1.6  All JJC Recruitment recruitment and placement officers have certificates in Safer Recruitment in Education.

1.7  Should a JJC Recruitment Teacher or SSS for any reason be unable to complete an Assignment, JJC Recruitment will assign a replacement as soon as possible. In the unlikely event of a JJCR Teacher or SSS proving unsuitable, you should inform us immediately and not later than four hours after the start of an Assignment so that we can terminate it immediately. In this event no charge will be made.

1.8  JJC Recruitment is responsible for paying its Teachers and SSS and for the deduction of National Insurance Contributions and PAYE Income Tax.

2.  School’s Obligations

2.1  The School must ensure that JJC Recruitment Teachers and SSS enjoy a safe working environment and receive instruction on how to operate equipment.

2.2  Schools must ensure that whilst on Assignment JJC Recruitment Teachers and SSS are treated no less favourably than permanent staff members and that obligations under the Agency Workers Regulations (AWR) 2011 are met. From day one agency workers must be given the same access to collective facilities and amenities (e.g. photocopying and meals) and information about internal vacancies.  After 12 weeks, other equal rights apply such as paid time off for antenatal appointments. For a full synopsis of agency workers’ rights under the AWR see www.jjcrecruitment.uk/schools/AWR-obligations.

2.3  Whilst JJC Recruitment carries its own Employers and Public Liability insurance, the School and/or LA should also maintain its own liability insurance cover. Whilst JJC Recruitment takes all reasonable steps to thoroughly vet and match exactly the key stage and subject specialisms of the teacher or SSS to individual vacancies, we are not liable for any loss, expense, damage or delay in filling a booking, or any deliberate act of negligence, dishonesty or misconduct of a JJC Recruitment Teacher or SSS.  However, JJC Recruitment does accept liability arising from its own negligence.

2.4  JJC Recruitment has a duty of care to Teachers and SSS placed on Assignment. However, whilst on an Assignment a JJC Recruitment Teacher or SSS is under the day-to-day supervision, direction and control of the School.  JJC Recruitment can only exercise responsibility when issues are brought to its attention or it can reasonably be expected that JJC Recruitment should be aware of such issues.  The School will comply with all statutory requirements including Health and Safety, Equal Opportunities, the provision of adequate Employer’s and Public Liability Insurance, Working Time Regulations, by-laws and any codes of practice which the School is legally subject to for its own staff.  If there are any special Health and Safety requirements, the JJC Recruitment Teacher or SSS should be made aware of these, or if they are required to work more than 48 hours in a week, JJC Recruitment should be advised accordingly.  The School shall indemnify JJC Recruitment against any cost, claims or liabilities arising from non-compliance of this clause.

2.5  In order for JJC Recruitment to comply with the Conduct of Employment Agencies Regulation 2003 the School must provide us with details of the vacancy you wish us to fill including:

• The type of work eg teacher or if SSS the role
• Location and hours
• Any relevant experience required
• Any Health and Safety risks
• Start date and likely finish date (if the latter is known)

2.6  In order for JJC Recruitment to comply with the Agency Workers Regulations 2011 (AWR) the school must inform JJC Recruitment immediately if any JJC Recruitment Teacher or SSS supplied by us has:

• Worked in the same or a similar role in the school via a third party or other agency since 1stOctober 2011 and provide full details of the work undertaken with dates
• Worked in another school with the same governing body (that you are aware of) and provide full details of the work undertaken with dates
• Made any oral or written complaint or claim regarding his/her rights under the AWR.

2.7  In order to further comply with the AWR to ensure equal treatment where a JJC Recruitment Teacher or SSS has worked in a School for 12 weeks (the “Qualifying Period”) a School must:

• Provide us with the relevant terms and conditions that would be issued by the School to a permanent employee doing the same job as the agency worker
• Inform us whether these terms and conditions are for a comparable employee or are hypothetical
• Provide us with details of the pay and any other benefits that would be due to a permanent employee doing the same job as the agency worker. Most schools appoint and pay their own supply teachers with QTS a salary equivalent to MPS 1 and for overseas trained teachers without QTS a salary between point 1 and 3 on the unqualified teacher pay scale.  If this is not the case for your school, please inform JJC Recruitment immediately so that we ensure that we are not in breach of AWR regulations
• Inform us if the terms and conditions provided change during an Assignment.

2.8  Should a School remove a JJC Recruitment Teacher or SSS from an Assignment that requires a referral to the Independent Safeguarding Authority, the School must provide JJC Recruitment with sufficient details to make that referral.

3.  General

3.1  Before an Assignment begins schools will be notified whether the Teacher or SSS supplied by JJC Recruitment are:

• Engaged under a contract of Service and are the employees of JJC Recruitment (termed the Swedish Derogation), or
• Engaged under a Contract for Services and are not JJC Recruitment employees.

3.2  All personnel details of JJC Recruitment Teachers and SSS must be treated in confidence and not passed to a third party. Obligations under the Data Protection Act must be upheld at all times.

3.3  JJC Recruitment will not and cannot provide a Teacher or SSS to replace an employee of the School, who is on officially sanctioned strike action. A School must not redirect a JJC Recruitment Teacher or SSS to replace one of its own employees who is on official strike action.

3.4  The School, JJC Recruitment or the Agency Worker may terminate an ongoing Assignment at any time without prior notice or liability.

3.5  If a school wishes to cancel a booking, they must do so within 24 hours. If a booking has not been cancelled within sufficient time and a teacher or SSS arrives at the school to undertake that booking a fee equivalent to half the daily charge rate will be made.

3.6  No variation in our Terms and Conditions of Business is valid unless confirmed in writing by a Director or Regional Manager of JJC Recruitment. These Terms and Conditions of Business supersede all previous Terms and Conditions of Business.

4. Timesheets

4.1  Schools are required to confirm the number of days or hours worked by a JJC Recruitment Teacher or SSS at the end of every week via electronic timesheets. The days so recorded will form the basis of JJC Recruitment’s invoices.

4.2  Schools must inform JJC Recruitment immediately if they dispute the days/hours worked and co-operate fully to resolve the dispute. Failure to confirm a timesheet does not absolve the School or Hirer of its obligation to pay the charges in respect of days/hours worked.

5. Supply Charges for Teachers and School Support Staff (SSS)

5.1  Charges are based on a set daily or hourly rate multiplied by the number of days/hours worked as confirmed by the School.Charges include;

• Any travel or other expenses
• Our commission
• Any other associated costs such as vetting costs.

5.2 You will be informed of our standard fees for the different categories of staff when placing a booking and these or any variation will be notified to you via email before the Teacher or SSS is supplied to your School and you are deemed to have accepted them.

5.3  Charges are invoiced on a weekly or fortnightly basis (subject to prior agreement), and can be broken down into individual invoices for each Assignment or an amalgamation of Assignments, whichever you prefer.

5.4  VAT at the standard rate is payable on all charges.

5.5  Invoices must be settled within 14 days net. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on unpaid amounts after the due date at a rate of 8% above the Bank of England base rate.

6. Fees: Supply to Permanent in a School

6.1  Where a JJC Recruitment Teacher or SSS has been introduced to a School by JJC Recruitment or has been working in a School on supply through JJC Recruitment and is subsequently offered and accepts a permanent or fixed term position in the School, we consider this to be the ultimate compliment and a reduced transfer fee is payable. Before an Assignment, during an Assignment or after an Assignment during the ‘relevant period’ our fees are as follows:

• Before being supplied, during the first school term or within 65 school days: 20% of total starting salary (including any allowance and additional points)
• During the second school term or within 130 school days: 15% of total starting salary (including any allowance and additional points)
• During the third school term or within 190 school days: 10% of total starting salary (including any allowance and additional points)
• After one year: 0%

6.2  Should a candidate be offered and accept a zero-hours contract, a transfer fee will be calculated as a percentage of the normal annual salary (defined as 195 multiplied by their current JJC Recruitment daily pay rate), with the same reductions as outlined above.

6.3  You are required to notify us when a JJC Recruitment Teacher or SSS has been offered and accepts a post with you and what their remuneration is. Should you fail to inform us a fee is still applicable as per 6.1, unless the worker has been assigned to you via JJC Recruitment for a period of over two years.

6.4  Recruitment fees will apply where you directly, or indirectly through another agency or third party, engage a JJC Recruitment Teacher or SSS:

• Whilst the JJC Recruitment Teacher or SSS is under a current Assignment with you
• Where the JJC Recruitment Teacher or SSS has been introduced by us to the School for a temporary Assignment, but is not at any time supplied to you by us, and an engagement occurs within 6 months of our introduction to you
• Within the ‘Relevant Period’.

For the purposes of this Clause 6 and Clause 7 below ‘Relevant Period’ shall mean (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 the 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.

6.5  However, in order to avoid paying such a recruitment fee you may hire or continue to hire the Teacher or SSS for a period totalling six terms (approximately 390 days) on supply through JJC Recruitment.

7.  Fees: Transferring JJC Recruitment Teachers or SSS to a Third Party

As you will appreciate, JJC Recruitment invests large sums of time and money recruiting Teachers and SSS for schools. We therefore charge schools a transfer fee in cases where we have introduced you to or supplied one of our teachers or SSS and you introduce them to a third party who engages them directly.  Where this happens the School will be liable to pay JJC Recruitment a Supply to Permanent fee as stipulated in Clause 6 above.  Such fees will apply where:

• A JJC Recruitment Teacher or SSS is under a current Assignment with you
• A JJC Recruitment Teacher or SSS has been introduced by us to the School for a temporary or permanent Assignment, but is not at any time supplied to you by us, and an engagement occurs within 6 months of our introduction to you
• Within the ‘Relevant Period’ as outlined above.

 

Our Vetting Procedures

JJC Recruitment is committed to child protection and safer recruitment in education and strictly adheres to the specific recruitment and vetting checks which must be made on all people who wish to work with children and young persons.  At least two people are involved in our recruitment process for each candidate and all JJC Recruitment employees have been trained in Safeguarding and hold Safer Recruitment in Education Certificates.  A Photo ID Security Vetting email is sent to all Schools before an Assignment for your Single Central Record which outlines the following checks and dates:

• Identity and photographic ID check
• Date of birth
• Country of origin
• Qualification checks for any qualifications legally required for the job eg those posts where a person must have QTS, QTLS, NPQH or, in FE colleges, another accepted qualification such as PGCE, Cert Ed. Additionally, for those applying for teaching posts, qualification and QTS/QTLS verification is made using the DfE employers’ access via the NCTL or SET
• Teacher Status Checks NCTL
• Overseas teacher registration if applicable
• The Protection of Children Act (PoCA) list / List 99 check
• DBS Enhanced Disclosure number and date of issue
• Disqualification by Association declaration
• Overseas police check
• References
• Details of right to work in the UK
• National Insurance number
• Interview date
• Details of who checked and signed off completed file following JJC Recruitment’s guidelines.