You will be asked to sign a copy of this contract before you start work with us.
- Exeter Tutors Ltd is a company incorporated in England and Wales with registered number 09552701 whose registered office is at 3 Wagon Hill Way, Exeter, Devon, EX2 5GS (the Business, we or us); and
- (the Worker or you)
Exeter Tutors Ltd (“the Business”) requires casual workers because varying business demand means that the Business cannot always predict how many people it will need to carry out work for it at all times. This letter records the terms on which the Business agrees to enter into a casual work relationship with you.
Status of this Agreement
- This contract contains all of the agreed terms between you and the Business relating to your casual work from time to time for the Business. This is not an employment contract and does not give you any employment rights (other than rights which workers are entitled to). This agreement does not create any obligation on the Business to provide work for you. By signing this contract you confirm your understanding that the Business makes no promise of a minimum amount of work nor working hours and you will work on a flexible basis, as and when required. It is the intention of both you and the Business that there be no mutuality of obligation between you and the Business at any time when you are not performing work for the Business.
How work will be offered and carried out
- It is entirely at the Business’ discretion whether to offer you or any other person work or not. The Business is not required to provide you with work at any time and the Business does not have to give reasons for its decisions.
- Each piece of work offered to you is entirely separate and you and the Business have no relationship in between the different pieces of work. Just because work has been offered to you once or more than once, this does not give you any legal rights or entitle you to regular work or give you continuity of employment.
- All work you carry out for the Business will be governed by the terms of this letter, unless the Business tells you otherwise, in writing.
- The Business will contact you with an offer of work by emailing and/or telephoning you on a weekly basis.
- You are under no obligation to accept any work offered by the Business at any time. If you accept a piece of work, you must tell the Business immediately if you are unable to complete it for any reason.
- The Business reserves the right to terminate work you are carrying out at any time for operational reasons. You will be paid for all work done up to the time that piece of work is terminated. If the Business has not contacted you before you attend the place of work, and work you have agreed to carry out is cancelled, you will be compensated for reasonable travel expenses already incurred.
Type of work
- The Business may offer you work from time to time as a Primary Tutor. If you accept any offer of work, the Business anticipates that your duties will include Tutoring ; Setting appropriate home-learning tasks for students; Providing short written/verbal feedback on progress to Parents; Providing feedback on progress to Directors at Exeter Tutors and you will usually report to the Directors. The type of work may change with each piece of work and you may be required to carry out other duties as necessary to meet business needs. You will be told what is involved at the start of each piece of work.
- Before offering you any work the Business will need to inspect certain original documents to satisfy itself that you are legally entitled to work in the UK. This will be explained to you in more detail by the Director. You confirm that you are legally entitled to work in the UK without any additional immigration approvals and agree to advise the Business immediately in writing if you are no longer entitled at any time and for any reason.
- You will only be paid for the hours that you attend work, as agreed in advance, and set out in clause 2. The Business’ current rate of pay for casual workers is £24 an hour (gross). You will be paid monthly in arrears on or about the last day of the month directly into your bank account. The Business will make all necessary deductions from your wages as required by law and is entitled to deduct from your wages, or other payments due to you, any money which you may owe to the Business at any time.
Place of work, hours and holiday
- The Business may offer you work at various locations. You will be told the place of work before the start of each piece of work.
- Your hours of work will vary depending on the requirements of the Business. You will be told the required hours before you start each piece of work.
- You will only be expected to Tutor during School Term times as set out by Devon County Council. However, work can be carried out during School holidays with prior approval from a Director.
- Unless there is prior agreement, you will Tutor each student once per week during term times.
- The number of lessons scheduled for each half term is on the Term Dates document which can be found on the Exeter Tutors website and will be emailed to you at the start of the year or when you start your contract.
- Please do not arrange to terminate tuition with a Student before agreeing with a Director.
- Please do not arrange additional lessons (outside of the allocated lessons per half term) with a Student before agreeing with a Director
- If YOU are unable to teach a session:
- At the time of cancellation, the Parent will be offered a refund or a rescheduled time.
- You are free to make the cancellation yourself or ask us to do it.
- Any rescheduled lessons MUST take place in that half term or in the holiday immediately following that half term.
- At the time of cancellation, the Parent will be offered a refund or a rescheduled time.
If a Student is unable to attend, then please make every effort to reschedule the lesson within the half term or the holiday immediately following that half term, if convenient. Please note, that you are not obliged to re-arrange this lesson. You will be paid for these lessons.
Working time opt-out
- If you are working more than 48 hours per week, please complete the Business’ Working Time Opt Out Letter Agreement to confirm that you wish to opt out of the 48-hour limit on a week’s work. If you do not opt out, you will not be able to work more than 48 hours per week. You must keep the Business informed of the hours that you work for any third parties so that it can meet this obligation.
- If you are unable to attend work, please let the directors know as soon as possible and no later than 2 hours before the lesson is due to start.
- You agree to us holding and processing, electronically and manually, the data that we collect about you, whilst you work for the Business under this agreement, for administration and management purposes and for compliance with applicable laws, procedures and regulations and to the transfer, storage and processing by us of such data outside the European Economic Area.
- You shall not use or disclose any confidential information to anyone, during or at any time after working for the Business. Confidential information means any information or matter which is not in the public domain and relates to the Business or its business contacts. The restriction in this clause does not apply to:
- prevent you from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996; or
- use or disclosure that has been authorised by the Business or is required by law or in the course of your duties.
Company rules and procedures
- During each piece of work you are required at all times to comply with Company rules, policies and procedures in force from time to time.
- The Business considers the contact it makes with clients to be its property. You will not work with clients of the Business outside contracted hours with the business
- Any connections made through clients of the Business, will also need to be contacted through the Business for any work.
- We reserve the right to charge a finder’s fee of up to £1000 for any work taken on, independent of the business, as a result of direct contact with clients or referrals made by clients.
- You are entitled to take on any other work, including similar work to that of the Business, independent to the work you carry out for the Business, so long as the work is not for Clients of the Business.
- All documents, hardware and software provided for your use by the Business, and any data or documents (including copies) produced, maintained or stored on the Business computer systems or other electronic equipment (including mobile phones), remain the property of the Business.
- Any Company property in your possession including any original or copy documents obtained by you in the course of your work for the Business shall be returned to Director at any time on request and always at the end of each piece of work.
- If you no longer want to be considered for casual work by the Business you should inform the Director in writing as soon as possible.
- The Business has the right to end this agreement immediately in writing if it reasonably considers that you have committed any serious breach of its terms or committed any act of gross misconduct. Examples of gross misconduct might include dishonesty, theft, fighting, misuse of drugs or alcohol or any other acts or omissions which might bring the Business into disrepute, but this is not a full list of gross misconduct offences.
Changing Terms and Conditions
- The Business has the right to update the terms on which it offers casual work by writing to you to terminate this contract with immediate effect and you may, at the Business’ absolute discretion, be offered a new contract for casual work. If the Business decides to terminate this contract you will not be entitled to any further payments from the Business other than any outstanding wages and holiday pay.
- This contract fully and accurately sets out the intentions, expectations and all of the terms agreed by both parties relating to when you are working for the Business. Any changes to this contract will only be valid if they are recorded in writing and signed by both parties. You confirm that you have read and understood this document in full and have had the opportunity to take advice where necessary.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.