These terms of service were valid from 25th May 2018 to 21st May 2019.
General
Zen Educate Limited (“Zen” “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 either directly by Zen, acting as an employment business or, 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 (at least three consecutive school terms) 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.
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
Schools
Prior to publicising profiles of Education Professionals on the Platform and prior to supplying an Education Professional for an Assignment Zen will carry out the checks required for those working in schools and colleges as set out in the statutory guidance “Keeping children safe in education” (September 2018 as updated or amended). Zen will communicate relevant information to the relevant School prior to commencement of each relevant Assignment.
When posting an Assignment on the Platform, the School will provide details of:
the date on which the School requires the Education Professional to commence work and the duration, or likely duration, of the work.
the position which the School seeks to fill, including the type of work the Education Professional in that position would be required to do, the location at which, and the hours during which, the Education Professional would be required to work, and any risk to health or safety known to the School and what steps the School has taken to prevent or control such risks;
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 work in the position; and
any expenses payable by or to the Education Professional and any information reasonably required by Zen in order for Zen to fulfil its obligations under the Agency Workers Regulations 2010 (“AWR”).
The Assignment Fee shall be paid by the School in respect of each day of an Assignment and shall be sufficient to cover the Education Professional’s pay and holiday pay, and include Zen’s daily margin, the Umbrella’s processing margin and employer's National Insurance contributions
The Introduction Fee shall be no less than 30 x Zen’s daily margin (available from Zen upon written request).
A School may avoid liability for a “temp to perm” Introduction Fee by giving 14 days’ written notice to Zen that it intends to continue the Assignment of the Education Professional (through Zen) (and subsequently does continue the Assignment) and pays the Assignment Fee for a further period of three months before it engages the Education Professional other than through Zen.
If a School purports to pay an Introduction fee (or opts instead to extend an Assignment by three months) on the basis that an Education Professional is to be recruited on a permanent basis but in fact the Education Professional is employed or engaged by the School for less than three consecutive school terms then the fee payable to Zen will be the Introduction Fee or the Assignment Fee that would have been payable had the Education Professional been supplied by Zen for the entirety of their service with the School (less any Assignment Fee already received by Zen), whichever sum is the greater.
All Assignment Fees and Introduction Fees will have VAT added.
The School or Zen may terminate an Assignment on reasonable notice but Zen strongly discourages the early termination of Assignments unless exceptional circumstances occur. Education Professionals depend on predictable schedules and reliable income. Early termination of Assignments without sufficient warning or reason causes undue inconvenience and provides Education Professionals with no income protection. Accordingly, Zen’s policy is to invoice one day’s Assignment Fee in respect of any confirmed Assignment cancelled less than 24 hours prior to the agreed commencement date to enable payment to the Education Professional.
During an Assignment, the School will confirm to Zen that the Education Professional has indeed worked on the Assignment but, in any case, it shall be assumed that the Education Professional has worked (and the School will be invoiced accordingly) unless the School notifies Zen that no work has been carried out by the Education Professional on the day in question. The School cannot refuse to pay for days when Education Professionals have worked on Assignment.
Zen shall invoice Schools weekly in respect of all time worked on Assignment by all Education Professionals at that School during the preceding week and the School shall settle all invoices within 15 working days of issue.
Zen shall keep, and maintain for 6 years following each Assignment, details of all Assignments and the Education Professionals working on them.
Whilst reasonable efforts are made by Zen to give satisfaction to the School by ensuring reasonable standards of skill, integrity and reliability from the Education Professionals and to provide the same in accordance with the details as provided by the School, no liability is accepted by Zen for any loss, expense, damage or delay arising from any failure to provide any Education Professional for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Education Professional or if the Education Professional terminates the Assignment for any reason. For the avoidance of doubt, Zen does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude by law.
Education Professionals supplied by Zen pursuant to these Terms of service are engaged under contracts for services or employed by the Umbrella. They are not Zen’s employees but are deemed to be under the supervision direction and control of the School from the time they report to take up duties and for the duration of the Assignment. The School agrees to be responsible for all acts, errors or omissions of the Education Professional, whether wilful, negligent or otherwise as though the Education Professionals were on the payroll of the School.
The School will comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Time Regulations, Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, by-laws, codes of practice and legal requirements to which the School is ordinarily subject in respect of the School’s own staff including in particular the provision of adequate Employer’s and Public Liability Insurance cover.
Zen and the School agree that they will keep confidential all confidential information and take reasonable steps to ensure that their officers, employees and agents do not disclose confidential information save in the proper performance of their obligations under these Terms of service.
Without prejudice to the generality of clause 15 above:
All information relating to an Education Professional posted on the Platform or otherwise provided by Zen to the School is confidential and is provided solely for the purpose of providing work-finding services to the School and is subject to 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. Such information must not be used for any other purpose nor divulged to any third party and the School undertakes to abide by the provisions of the current data protection legislation at all times in receiving and processing personal data.
Zen undertakes to keep confidential all relevant terms and conditions of employment that the School discloses to Zen and not to use such information except for the purposes of compliance with AWR.
All personal data is collected and processed as set out in our privacy policy.
The School undertakes not to request the supply of an Education Professional to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the School to perform the duties of a person on strike or taking official industrial action.
The School shall indemnify and keep indemnified Zen against any losses incurred by Zen arising out of any Assignment or arising out of any non-compliance with, and/or as a result of any breach of, these Terms by the School.
The School shall inform Zen in writing of any AWR claim which comes to the notice of the School as soon possible but no later than 7 calendar days from the day on which any such AWR claim comes to the notice of the School.
If the Education Professional brings, or threatens to bring, any AWR claim, the School undertakes to take such action and give such information and assistance as Zen may request, and within any timeframe requested by Zen and at the School’s own cost, to avoid, dispute, resist, mitigate, compromise or defend any such AWR claim and to appeal against any judgment given in respect thereof.
Zen takes all complaints seriously and is committed to continuous improvement. If Schools have a complaint they should send this by email to support@zeneducate.com. Zen will normally respond within one business day. Zen will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding the performance, behaviour or competence of an Education professional Zen will investigate the matter and take proportionate action ranging from verbal and written feedback to suspension or termination of the Education Professional’s profile on the Platform and termination of an Assignment. Zen also reserves the right to restrict a School’s access to the Platform, for example in cases of non-payment.
These Terms of service, together with the Assignment details agreed via the Platform constitute the entire agreement between Zen and the School as regards the Assignment in question.
Education Professionals
In accepting these Terms of service you agree to provide your services on Assignment to a School, supplied by Zen either directly or 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.
Where payment is to be made through an umbrella company, you acknowledge that a separate contract of employment between you and the Umbrella exists or will exist prior to commencement of your first Assignment.
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);
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 27. a, b, c and d above and you confirm that you meet the criteria in 27.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.
Zen, the School or you may terminate an Assignment on reasonable 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 29 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, pass codes 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.
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.
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.
Some of the personal information we collect about you will be held and processed in the US in order to perform our contract with you. There is an adequacy decision by the European Commission known as Privacy Shield in respect of the US. This means that the country is deemed to provide an adequate level of protection for your personal information.
Should we need to transfer data outside of the EEA and the US, 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.
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.
These terms of service were valid from 25th May 2018 to 21st May 2019.
