TERMS OF AGREEMENT
The School cannot always predict the exact staffing levels it will require. The School therefore requires freelance workers because of the fluctuating demands of the business and it is entering into this agreement to record the terms on which a freelance work relationship is entered into.
1. Status of this agreement
1.1. This contract governs your engagement from time to time by Awa Business School ("the School") as a freelance worker. This is not an employment contract and does not confer any employment rights on you other than those to which workers are entitled as detailed below. In particular, it does not create any obligation on the School to provide work to you and by entering into this contract you confirm your understanding that the School makes no promise or guarantee of a minimum level of work to you and you will work on a flexible, “as required” basis. It is the intention of both you and the School that there be no mutuality of obligation between the parties at any time when you are not performing an assignment.
1.2. You should be aware that this agreement is subject to receiving satisfactory confirmation of right to work and 2 references.
2. School’s discretion as to work offered
2.1. It is entirely at the School's discretion whether to offer you work and it is under no obligation to provide work to you at any time.
2.2. The School reserves the right to give or not give work to any person at any time and is under no obligation to give any reasons for such decisions.
3. No presumption of continuity
3.1. Each offer of work by the School which you accept shall be treated as an entirely separate and severable engagement (an assignment). The terms of this contract shall apply to each assignment but there shall be no relationship between the parties after the end of one assignment and before the start of any subsequent assignment.
3.2. The fact that the School has offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.
4. Arrangements for work
4.1. If the School wants to offer you any work, it will contact you via telephone or e-mail with details of the assignment. You are under no obligation to accept any work offered by the School at any time. If you accept an assignment, you must inform the School immediately if you will be unable to complete it for any reason.
4.2. The School reserves the right to terminate an assignment at any time for operational reasons. You will be paid for all work done during the assignment up to the time it is terminated.
4.3. In order to assist the School in organising work, please complete the personal information sheet and return to the School. It is your responsibility to inform the School of any changes to these details.
5.1. The School may offer you work from time to time. The precise description and nature of your work may be varied with each assignment and you may be required to carry out other duties as necessary to meet business needs. You will be informed of the requirements at the start of each assignment.
5.2. Before offering you an assignment the School will require certain documents from you in order to satisfy itself that you are legally entitled to work in the UK (and/or in the specified work location).
5.3. You confirm that you are legally entitled to work in the UK (and/or in the specified work location) without any additional immigration approvals and agree to notify the School immediately if you cease to be so entitled at any time.
6. Place of work
6.1. During each assignment, your place of work will be Remote OR in London OR the School may offer you work at various locations. You will be informed of the relevant place of work for each assignment.
7. Hours of work
7.1. Your hours of work will vary depending on the operational requirements of the School. You will be informed of the required hours for each assignment and may be required to submit monthly timesheets to confirm actual hours worked.
7.2. You will be entitled to an unpaid lunch break of one hour where your assignment requires you to work more than six hours in any one day.
8. Working time opt-out
8.1. You must inform the School to confirm whether you wish to opt out of the 48-hour limit on a week's work. If you do not opt out, the School must ensure that it does not offer you work which would result in you working for more than 48 hours in any week. You must keep the School informed of the hours that you work for third parties so that it can comply with this obligation.
9.1. You will only be paid for the hours that you work. Your current rate of pay for freelance work undertaken will be stated in your offer of engagement. You will be paid monthly in arrears on the last working day of each month, directly into your bank account for the hours worked (confirmed and submitted on a monthly timesheet, if applicable. You will be paid for any hours worked after the submission of your timesheet in the following month). The School will make all necessary deductions from your salary as required by law and shall further be entitled to deduct from your pay or other payments due to you any money which you may owe to the School at any time.
10.1. The School will reimburse all reasonable, out-of-pocket expenses necessarily incurred by you in the proper performance of your duties. Reimbursement will be in accordance with the School's published Expense Policy, provided that the School has agreed to you incurring the expenses. You must also provide the School with such evidence of actual payment of the expenses as the School may reasonably require. The School Expense Policy is non contractual, and the School reserves the right to amend from time to time.
11.1. The School is committed to the statutory holiday entitlement.
12.1. If you have accepted an offer of work but are subsequently unable to work the hours agreed, you must notify your line manager of the reason for your absence as soon as possible but no later than 9.00am on the first day of absence.
13. Data protection
13.1. You consent to us holding and processing, both electronically and manually, the data that we collect about you, in the course of your working relationship with us, for the purposes of the administration and management of our staff and our business and for compliance with applicable laws, procedures and regulations.
14. Company rules and procedures
14.1. During each assignment you are required at all times to comply with the relevant School rules, policies and procedures in force a copy of which will be made available to you.
15. Confidential information
15.1. You recognise and acknowledge that the School possesses confidential information that is important to its business and that you will have access to such confidential information in order to carry out your duties in the course of your placement. You further recognise and acknowledge that disclosure of confidential information to any actual or potential competitor is likely to place the School at a competitive disadvantage or otherwise cause immeasurable financial or other harm to the business of the School.
15.1.1. You therefore agree that you shall not during your temporary employment with the School, and at all times (without limit) after the termination thereof, directly or indirectly use or exploit for your own purposes or those of any other person, company, business entity or other organisation whatsoever, or disclose to any person, company, business entity or other organisation whatsoever, any trade secrets or confidential information relating or belonging to the School.
15.2. For the purpose of this clause, confidential information shall include but not be limited to:
15.2.1. Customer databases
15.2.2. Business plans and forecasts
15.2.3. Financial information relating to the School that is not in the public domain
15.2.4. Intellectual property details which are not in the public domain
15.2.5. Marketing information
15.2.6. Plans, designs or formulae that are not in the public domain
15.2.7. Research that is being carried on by the School into its products and which is not in the public domain
15.2.8. Technical information relating to the School or its customers or clients
15.3. Nothing in this clause will prevent you from being able to use your own personal expertise and information that has come into the public domain.
15.4. The restriction in this clause does not apply to:
15.4.1. Prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996; or
15.4.2. Use or disclosure that has been authorised by the School or is required by law or in the course of your duties.
16. Company property
16.1. All documents, manuals, hardware and software provided for your use by the School, and any data or documents (including copies) produced, maintained or stored on the School's computer systems or other electronic equipment (including mobile phones), remain the property of the School.
16.2. Any School property in your possession and any original or copy documents obtained by you in the course of your work for the School shall be returned to the School at any time on request and in any event at the end of each assignment.
16.3. The School will own any and all the intellectual property created by you in the course of your employment.
17.1. If you wish your name to be removed from the School’s staff bank of freelance workers, you should inform your line manager in writing as soon as possible via email.
17.2. The School may remove your name from its staff bank of freelance workers if you are unable to accept an assignment on two consecutive occasions.
17.3. The School may terminate this contract immediately if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Non exhaustive examples of gross misconduct include; dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring the School into disrepute.
18. Changing terms and conditions
18.1. The School may review its requirement for freelance workers from time to time and/or may update the terms on which it offers such work. In the event of any changes to the terms on which it is prepared to engage freelance workers the School may terminate this contract with immediate effect by giving notice in writing to you and you may, at the School's absolute discretion, be offered a new contract for freelance work. For the avoidance of doubt, if the School decides to terminate this contract you will not be entitled to any further payments from the School other than any outstanding salary/pay.
19. Totality of terms
19.1. This contract is intended to fully reflect the intentions and expectations of both parties as to our future dealings and in the event of any dispute regarding your engagement as a freelance worker by the School it shall be regarded as a true, accurate and exhaustive record of the terms on which we have agreed to enter into a freelance work relationship. Any variation to this contract will only be valid where it is recorded in writing and signed by both parties and no additional or modified terms should be implied by any other actions of you or the School. You confirm that you have read and understood the contents of this document.
20. Governing law
20.1. The law of England and Wales will govern this contract.