General
Zen Educate Limited (“Zen”, “Zen Educate”, “We” “Us”) provides an online technology platform (the “Platform”) through which individuals including teachers, teaching assistants, cover supervisors, exam invigilators and other positions required in schools (“Education Professionals” “You”) can connect with schools and colleges (“Schools”) and where Schools can post open positions (“Assignments”) for which Education Professionals are required.
Schools can use the Platform to search for and evaluate Education Professionals and Education Professionals can post individual profiles and search for and evaluate School Assignments. Schools may offer an Assignment to Education Professionals via the Platform. The Education Professionals are free to accept or reject the Assignment and can communicate their decision via the Platform. Zen accepts no liability for any inability to access or use the Platform caused by system downtime or by technical issues beyond Zen’s control.
When an Education Professional indicates via the Platform their acceptance of an Assignment, the Education Professional will be supplied to the School through one of Zen’s preferred umbrella companies ("the Umbrella").
Where the supply of an Education Professional to a School is through an Umbrella, Zen will enter into a contract for services with the Umbrella and the Umbrella will employ the Education Professional and be responsible for all employer’s obligations including paying the Education Professional’s wages in respect of any Assignment obtained via the Platform. In such a case, as when Zen supplies Education Professionals directly, Zen acts as an employment business and an assignment fee (the “Assignment Fee”) is payable to Zen by the School.
A School may identify an Education Professional, introduced via the Platform, as a suitable candidate for a permanent position. Where the School engages an Education Professional on a permanent basis Zen acts as an employment agency and an introduction fee (the “Introduction Fee”) is payable to Zen by the School.
An Introduction Fee is also payable to Zen by a School in so called “temp to perm” situations when an Education Professional who has worked at such School on an Assignment is subsequently recruited by the School on a permanent basis within 14 weeks of the start of the Education Professional’s first Assignment with the School or within 8 weeks of the end of any of their Assignments with the School, whichever date is the later.
Any fees charged by Zen under these terms of Service may also be referred to as “Charges”.
These Terms of service are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Additional definitions in relation to tuition in connection with the National Tutoring Programme (NTP) are as follows:
“DfE” — Department for Education
“Programme Administrator” — Randstad or such other Programme Administrator as may be appointed
“Tuition Block” — a block of 1 or more sessions of Tutoring Services provided by a School to 1 or more pupils
“Tutoring Services” — the teaching of relevant pupils by appropriate tutors in small group classes of 1 to 3 pupils
“Subsidised Amount” — the portion of the Charges for which the NTP is responsible
“Non-Subsidised Amount” — the portion of the Charges for which the NTP is not responsible
Education Professionals
The types of work we will find you will be as an Education Professional as defined in Paragraph A. The minimum rate of pay shall be a gross rate through an umbrella company, reflective of the prevailing National Minimum Wage for the candidate’s age group. In accepting these terms of service you agree to provide your services on such assignments as you accept to a school, supplied as an employee of the Umbrella. When you are supplied to a school through the Umbrella, the Umbrella will be your legal employer and responsible for paying you.
For the avoidance of doubt, these Terms of service do not constitute a contract of employment between Zen and you or between you and the School.
You acknowledge that a separate contract of employment between you and the Umbrella exists or will exist prior to commencement of your first Assignment. Zen Educate will enter into a contract for services with the umbrella company in order to find you work assignments.
You acknowledge that the nature of temporary work means that there may be periods when no suitable work is available and you may not be permanently occupied.
Prior to acceptance of any Assignment Zen will — via the Platform, by email or by text message — provide you with the following information:
the identity of the School;
the date the Assignment is to commence and the duration or likely duration of the Assignment;
the position which the School seeks to fill, including the type of work you would be required to do in that position, the location at which, and the hours during which, you would be required to work;
the rate of pay and any expenses payable by or to you (subject to any deductions required by law or which you may agree with the Umbrella); all operations are UK-based including umbrella PAYE, Zen Educate will only work with umbrella companies who pay no less than the national minimum wage as well as appropriate holiday pay.
details of the experience, training, qualifications and any authorisation which the School considers are necessary or which are required by law or a professional body for you to possess in order to work on the Assignment.
By accepting an Assignment, you accept 5. a, b, c and d above and you confirm that you meet the criteria in 5.e above.
If you are unable for any reason to attend work during the course of an Assignment, you should first inform Zen at least one hour before your normal start time to enable alternative arrangements to be made. If this is not possible, you should inform the School and Zen as soon as possible.
If, either before or during the course of an Assignment, you become aware of any reason why you may not be suitable for an Assignment, you shall notify Zen without delay.
You will be paid for your work on an Assignment based on the agreed rate of pay specified in the relevant Assignment posted on the Platform multiplied by the number of days worked in the relevant period. You will be paid as agreed irrespective of payment being received by Zen from the school. The rate of pay is an all-inclusive rate, including holiday pay for example. Payment will be made on a weekly basis, for the work you completed in the previous week (one week in arrears).
Zen, the School or you may terminate an Assignment without prior notice.
You acknowledge that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between Zen and the School. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to you, except for payment for work done up to the date of termination of the Assignment.
Unless exceptional circumstances apply, your failure to inform the School or Zen of any inability to attend work as required under clause 34 above will be treated as termination of the Assignment by you.
Zen will be entitled to terminate the Assignment if the work to which you were assigned is no longer available.
At the end of each Assignment or on request you agree to deliver up to the School or to Zen (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, passcodes, and other materials belonging to the School which are in your possession, including any data produced, maintained or stored on the School's computer systems or other electronic equipment. In addition, when on an assignment you agree to only use any data or equipment for the purposes agreed by the School, to treat as strictly confidential data you are given access to, and to make use of any data in accordance with the School's data usage policies.
You consent to Zen and the School and any other intermediary involved in supplying your services to the School, (such as the Umbrella) holding and processing data relating to you for legal, personnel, administrative and management purposes and, in particular, to the processing of any "sensitive personal data" as defined in any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or the General Data Protection Regulation 2018 or any successor legislation, relating to them including, as appropriate:
information about your physical or mental health or condition to monitor sick leave and take decisions as to your fitness for work;
your racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
All personal data is collected and processed as set out in our privacy policy.
Any pupil data shared with you must be kept strictly confidential and not disclosed to any party except as required for the delivery of services to the School, Zen Educate, and any Programme Administrator for the National Tutoring Programme (if tutoring through the National Tutoring Programme).
You consent to Zen and the Umbrella making such information available to the School, to those who provide products or services to Zen (such as advisers), to regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Zen or any part of its business.
You consent to the transfer of such information outside the European Economic Area (EEA) for purposes connected with the subject matter of these Terms of service.
Should we need to transfer data outside of the EEA, to ensure your personal information receives an adequate level of protection we will put in place appropriate security measures that ensure that your personal information is treated by any third parties in a way that is consistent with and which respects the EU and UK laws on data protection.
You confirm that:
the information supplied by you to Zen via the Platform is correct;
you have the experience, training, qualifications and any authorisation which the School considers are necessary or which are required by law or by any professional body for the Education Professional to possess in order to perform the Assignment;
you are not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business school or college) or any other reason, from fulfilling your obligations under this agreement; and
you have valid and subsisting leave to enter, remain and work in the United Kingdom for the duration of any Assignment you may accept under these Terms of service and you are not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
You agree to reimburse Zen and the School in connection with any loss or expenses (including legal and other professional fees and expenses) which Zen or the School may suffer, sustain, incur, pay or be put to arising from or in connection with:
any failure by you to comply with your obligations under this agreement;
any negligent or fraudulent act or omission by you;
the disclosure by you of any Confidential Information;
any employment-related claim brought by you in connection with the Assignment; or
the infringement by you of the School's intellectual property rights.
If you are providing Tuition Services under the National Tutoring Programme, you agree that, as requested by Zen, you will provide all required information in the format and time frame requested and on any Zen platform or third-party platform including, but not limited to, the Programme Administrator’s platform.
Use of the Platform is at the discretion of Zen. Zen reserves the right to suspend or remove your profile from the Platform, and/or restrict your access to the Platform. Examples of reasons to restrict access to the Platform may include, but are not limited to, alleged provision of fraudulent qualifications or references, safeguarding concerns, or alleged unprofessional or incompetent behaviour.
Zen may communicate changes to these Terms of service by posting revised Terms of service on the Platform. Changes that may have an adverse impact on you will be communicated to you prior to posting on the Platform. Your continued use of the Platform denotes continued acceptance of its Terms of service.
