Employment relationship guidelines for employees, workers and self employed services

Transcription

1 Human Resources Employment relationship guidelines for employees, workers and self employed services Contents 1. Introduction Employment status definitions Summary of employment relationship determining factors Employment groups at the University of Leeds Summary table of contractual arrangements and associated payment forms Sources of Help Process for Engagement of Individuals and Organisations for Services... 6 Appendix 1: Decision tree for the engagement and payment of self employed services, workers and employees... 7 Appendix 2: Examples of typical roles carried out at the University and the employment group they are likely to fall into... 8 Employees... 8 Workers Self Employed Non Employment Groups Appendix 3: Summary of the terms of engagement for workers and terms and conditions of employment for short term temporary staff Appendix 4 Payment Forms SS1 Form Payment for casual workers (less than 1 week) SS2 form Application form and the principle statement of terms and conditions of employment for short term temporary staff SS4 form Worker agreement Form SE1 Agreement for the provision of services Form SE2 Agreement for the provision of services Fee form Fee form

2 1. Introduction 1.1. Determining an individual s relationship with the University is complex and is determined by employment law. It is not a matter of choice by the individual, Faculty, School, Service or the University to decide the employment status of an individual, though the intentions of those involved and the terms of contracts drawn up at the outset of a working relationship will be relevant The decision on which employment group an individual falls into will depend on the relationship between the individual and the University and is determined by a number of legal tests, which will include: Whether there is a contract at all between the University and the individual; Whether the individual is required to provide services personally; The degree of control over the service provided who decides when and how the work is done; and Whether there is a mutuality of obligation on behalf of the University or the individual, i.e. whether work has to be offered and carried out An individual providing work activities will fall within one of the three employment status groups determined by law. Depending on which employment group they fall into will also determine their employment rights and responsibilities in the workplace, and how the deduction of income tax and National Insurance contributions are calculated. The three employment status groups are: Employee Worker Self-employed 1.4. The fact that an individual may be deemed to have a particular employment status for tax purposes is NOT necessarily determinative of their employment status for employment rights purposes. The HMRC ESI tool determines status for tax purposes only e.g. someone determined as employee could be a worker or even, in some cases, self-employed for employment rights purposes. 2. Employment status definitions 2.1. Employee An employee is an individual who works for an employer under a contract of employment, which is known as a contract of service. Under a contract of employment, there must be mutuality of obligations between the employer and the employee i.e. the employer is obliged to offer and pay the employee for the work, and the employee is obliged to turn up and undertake the work personally. Employees are entitled to all statutory employment rights and are protected by a whole range of legal provisions, including payment of wages, dismissal, redundancy etc Self-employed A self-employed individual provides the employer with his or her services, but remains independent. The contract between the individual and the employer is a contract for services. Typically there may be an ability to provide alternative individuals to carry out the work in question. Services may also be provided 2

3 through a company. Self-employed workers are not entitled to statutory employment rights For income tax and national insurance purposes, the employment relationship is ultimately determined with specific reference to HMRC regulations. The fact that a person is registered as self-employed does not necessarily mean that the work to be provided on behalf of the University is of a self-employed nature To help determine whether an individual is self-employed, the HMRC Employment Status Indicator (ESI) tool must be completed by the engager before any engagement is entered into with the individual. The ESI can be found at The ESI will advise if the individual is either an employee or self-employed for income tax and national insurance purposes and the individual must be engaged/employed within the appropriate employment group Occasionally, the ESI tool will indicate undetermined in which case the engager should contact Payroll in order to better understand the working relationship Workers Workers are a hybrid category that falls between an employee and self-employed. A worker is an individual who works not under a contract of employment but under a contract for services. Workers are however obliged to provide their service personally. There is no obligation for workers to accept and undertake work offered. Similarly, there is no obligation by the employer to offer work. Workers are entitled to some limited employment rights, such as protection under the Working Time Regulations (including holiday) and the minimum wage. 3. Summary of employment relationship determining factors Employee Self-Employed Worker Employer obliged to offer and pay the employee for the work Employee is obliged to turn up and undertake the work personally It is, using old fashioned terminology, a master and servant relationship. They work under the control and/or supervision of a manager or supervisor They are more likely to be paid a salary but may be paid on an hourly or piece rate basis Can decide how, when and where to do the work Can hire someone else to do the work at their own expense They risk their own money/are in business on their own account Agree to do the work for an all inclusive fee and usually have to correct unsatisfactory work in their own time and at their own expense Provide the main items of equipment they need to do the work Employer has no obligation to offer any work Worker does not have to accept work offered but once accepted must provide their services personally Whilst at work they are under the supervision of a manager or supervisor They are usually paid on an hourly rate or piece rate basis 3

4 NOTE: some individuals may not fall clearly into any of these categories. Some may be deemed to be volunteers or voluntary workers for example, especially if they are unpaid/expenses only. Further information and advice should be obtained from the Faculty/Service HR Manager. 4. Employment groups at the University of Leeds 4.1. The University needs to ensure that it applies appropriate rules of engagement for anyone providing work activities on its behalf. This is not only to provide a fair and equitable framework for all its workers but also to ensure that, as a responsible employer, it complies with its legal obligations Appendix B summarises examples of typical roles carried out at the University and the employment group that they are likely to fall into. These employment groups and descriptions are defined by employment legislation and have also been drawn up with specific reference to HMRC regulations. Therefore, engagers must abide by these procedures before any engagement is entered into with an individual and are responsible for ensuring that consideration is given to the employment status at an early stage of the engagement process (rather than when the work has been completed). Faculties/Schools/Services must follow the process shown on page 6 when engaging individuals and should seek advice from the Faculty HR Manager/Officer at the earliest opportunity. 5. Summary table of contractual arrangements and associated payment forms Contractual Form Nature of Engagement Payment Forms SS1 Payment for Casual Workers SS2 Application form and the Principal Statement of the Terms & Conditions of Employment for Short Term Temporary Staff SS4 Worker Agreement SE1 Agreement for the Provision of Services Teaching, Examining, Actors and Musicians SE2 Agreement for the Provision of Services e.g. consultancy TA-EMP 08 Application form and the Principal Statement of the Terms of Employment for Hourly Paid Teaching Staff (other than students) To pay individuals where the duration of engagement is one week or less Where an individual is needed for regular support for a period of up to 3 months Where there is a need for ongoing flexible/ad hoc support and there is no mutuality of obligation on either side to offer/accept work Where there is a need for an individual to provide specialist services to the University and are self-employed Where there is a need for an individual to provide specialist services to the University and are self-employed Where there is a need to engage specialist individuals on an hourly paid basis to provide teaching SS1 Timesheet/Salaried Timesheet Fees Form 1 Fees Form 2 Salaried 4

5 6. Sources of Help 6.1. Faculty & Service HR Managers & Officers Your local HR Manager/Officer can help to determine employment relationships within Faculties & Services; provide advice and guidance on engaging individuals on a selfemployed, worker or employee basis. HR Managers/Officers will co-ordinate contractual arrangements, advise on best practice and train engagers in the use of the HMRC ESI tool Payroll Office Payroll can provide advice and guidance relating to Income Tax and National Insurance, payment forms, appropriate use of Fees Forms for self-employment and will act as liaison with the HMRC Employment Status team on behalf of the University. 5

6 7. Process for Engagement of Individuals and Organisations for Services Need identified for service/work Complete Pre- Authorisation Form (PAF) Engager sends completed PAF to Faculty/Service Finance for confirmation of funds Faculty/Service Finance Manager approved PAF submitted to Faculty/Service HR Faculty/Service HR determine appropriate method of engagement Employee Self-employed (as determined by ESI Tool outcome or as one of categories on Fee Form 1- e.g. actors/musicians) Worker (not employed) Provision of Services Agreement form SE1 or SE2 to be completed as appropriate Appropriate Recruitment and contract as per Employment Relationships Document Fee Form 1 or 2 Complete & forward to Payroll for payment 6 Treat as vendor forward to Faculty Finance for advice & guidance SS1 or SS4 Form completed as appropriate and forwarded to Central HR Team

7 Appendix 1: Decision tree for the engagement and payment of self employed services, workers and employees 7

8 Appendix 2: Examples of typical roles carried out at the University and the employment group they are likely to fall into. Employees Employment Group Example Roles Characteristics Contract Type Payment Method Responsibility for SAP etc Notes Deduction of Tax & NI Open ended Lecturers, administrators etc Standard University employment. This should be the most frequently used form of University employment. Full employment contract issued by central HR Monthly payroll HR Tax - Yes NI - Yes Open endedfixed funding Research staff These appointments are used where the funding for the post is fixed term and the appointment is an individual s second or subsequent contract and where they have three or more years continuous employment with the University. Full employment contract issued by central HR Monthly payroll HR University has an obligation to consult with the individual and through ESRG on the expiry of funding. Tax - Yes NI - Yes Fixed-term Research staff, maternity leave cover etc May only be justified in law when used to achieve a legitimate business objective. It should be noted that staff who have had more than one successive contract at the University and have over three years continuous service will typically be offered open ended contracts which are subject to fixed funding, unlessthere is an objective justification for the post to remain fixed term. The University s Procedure to Support the Employment Security of Staff on Fixed Funding or Fixed Term Contract can be found at FTC_emp_security. Full employment contract issued by central HR Monthly payroll HR University has an obligation to consult with the individual and through ESRG on the expiry of appointment Tax - Yes NI - Yes Updated July

9 Employment Group Short term temporary staff 1 Hourly paid Lecturers/ Teaching Assistants Instructors Tutors Example Roles Clerical assistance Technical assistance Research assistance etc Hourly paid teaching staff Hourly paid e.g. coaches or mentors Characteristics Contract Type Payment Method Engaged where it is necessary to fill a short term vacancy of up to three months, or to cover peak workload periods, and due to the nature of the role a regular work pattern is required Normally employed to teach specialist modules or to cover the teaching of academic staff The individual is not self employed, they are obliged to work when required and there is a mutuality of obligation Form SS2 completed by Faculties/Schools/ Services Form TA EMP08 completed by Faculties/ Schools/Services Form SS2 completed by Faculties/Schools/ Services Can be paid either by timesheet or salaried through the monthly payroll Paid monthly in equal instalments during the teaching periods Can be paid either by timesheet or salaried through the University payroll Responsibility for SAP etc HR HR HR Notes Arrangements apply to all staff groups Maximum duration of these appointments is 3 months. The University is not obliged to consult with individuals on the expiry of the fixed term contract. Where appropriate appointed to annual contracts, although they normally only work during teaching periods. Maximum duration of these appointments is 3 months. The University is not obliged to consult with individuals on the expiry of the fixed term contract Deduction of Tax & NI Tax - Yes NI - Yes Tax - Yes NI - Yes Tax - Yes NI - Yes 1 Before engaging individuals through these arrangements, Faculties, Schools and Services may wish to consider using the services of Joblink, administered through Leeds University Union. Further information is available at Updated July

10 Workers Example Roles Characteristics Contract Type Payment Method Responsibility for SAP etc Open day assistants 2 Reception cover 2 Filing 2 Engaged to complete a one off piece of work Engaged on an irregular or flexible basis Form SS1 completed by Faculties/Schools/ Services Form SS4 completed by Faculties/Schools/Service s Payment either by cash through the University s Cash Office or monthly payroll. Tax and NI treatment will differ. Payroll if paid by the Cash Office HR if paid through the payroll Notes HMRC regulations note that the duration of engagements must be less than one week (Monday Sunday); must be the only employment or engagement in the current tax year. Payments that are not subject to the deduction of tax or National Insurance can be paid by the Cash Office. However, only one payment in each tax year can be paid this way. All other payments will be paid through the University payroll. Further information can be obtained from the Payroll Office. HMRC regulations note that the duration of engagement must be less than one week (Monday Sunday); must be the only employment or engagement in the current tax year Monthly payroll HR These contracts should not be used for regular ongoing work where both parties require/expect work. Deduction of Tax & NI Cash Office Tax - No NI - No Monthly payroll Tax - Yes NI - Yes Tax - Yes NI - Yes Student Hosts 2 Where such a work pattern does develop consider moving the worker to another employment group. 2 Before engaging individuals through these arrangements, Faculties, Schools and Services may wish to consider using the services of Joblink, administered through Leeds University Union. Further information is available at Updated July

11 Example Roles Characteristics Contract Type Payment Method Responsibility for SAP etc Postgraduate Research Students Engaged in Teaching Undergraduate level: Examiners Moderators Question Setters Engaged on an irregular or flexible basis Engaged on an irregular or flexible basis Confirmation of Registration form completed by Faculties/Schools Form SS4 completed by Faculties/Schools/Service s Notes University is not obliged to consult with individuals on the expiry of the work. Monthly payroll HR PGRs can be registered to teach whilst they are registered as a postgraduate research student at the University. Monthly payroll HR Engagement is over a period of 12 months or less Engagement is over a period of 12 months or more Deduction of Tax & NI Tax Yes NI - Yes Tax Yes NI - No Tax Yes NI - Yes (For postgraduate level see self employed section below) Self Employed Example Roles HMRC regulations Contract Type Payment Method Responsibility for SAP etc Consultants Contractors Individual normally engaged on an independent consultancy basis through a company SE2 - Consultancy Agreement Invoices are submitted to the University for payment at agreed intervals Payroll Notes* Deduction of tax and NIC Tax - No NI - No The agreed fee payable to the consultant will be based on an all inclusive rate to include fees and associated expenses Payment to individual is made on completion of Fees Form 2 by Faculties/Schools/ Services. Purchasing Office An ESI must be completed to determine self employed status Payments to companies are made via Purchasing Updated July

12 Example Roles HMRC regulations Contract Type Payment Method Responsibility for SAP etc Actors and Musicians Postgraduate level: Examiners Moderators Question Setters Paid by performance or by time ESI not required ESI not required SE1 - Agreement for provision of TEAM SE1 - Agreement for provision of TEAM Fees Form 1 completed by Faculties/Schools/Services Fees Form 1 completed by Faculties/Schools/Services Notes* Deduction of tax and NIC Payroll Paid by time Tax - No NI - Yes Payroll Paid by performance Tax - No NI - No Postgraduate level. Tax - No NI - No (For undergraduate level see workers section above) Public Lectures An ESI must be completed to determine self employed status SE1 - Agreement for provision of TEAM Fees Form 1 completed by Faculties/Schools/Services Payroll Tax No NI - No Lecturers Instructors Tutors/ teachers An ESI must be completed to determine self employed status. Tax treatment will depend on frequency and type of service provided ESI must be completed SE1 - Agreement for provision of TEAM Fees Form 1 completed by Faculties/Schools/Services Payroll 3 days or less in 3 consecutive months More than 3 days in 3 consecutive months Tax - No NI - No Tax - No NI - Yes Updated July

13 Non Employment Groups Example Roles Characteristics Contract Type Payment Method Notes Agency Workers Agency workers are not employees of the University and are paid directly by the Agency. Their terms and condition of employment are also determined by the Agency Agreement made between Faculty/School/Service and the Agency Agency paid as a vendor via Purchasing Since October 2011 regulations have been in force to provide agency workers who have been engaged at the University or a period of 12 weeks or more with the right to receive the same basic pay and holiday entitlement as University employees. Although there is no limit on the duration of the engagement of agency workers they are normally engaged to cover short term vacancies as it is not economically viable to maintain such an arrangement for long periods. Therefore, consideration should be given to making an appointment to another appropriate employment group, paid through the University Volunteers/ voluntary workers Usually paid expenses/costs only, may be provided with accommodation or subsistence (Research, Lay, Clinical Trials Participants) As required e.g. letter to outline arrangements Expenses via Fees Form 1 Payments in excess of expenses may move away from this status. In such cases they are more likely to be a Worker or employee. Updated July

14 Appendix 3: Summary of the terms of engagement for workers and terms and conditions of employment for short term temporary staff These arrangements are applicable to all groups of staff TERMS OF ENGAGEMENT WORKERS EMPLOYEES CASUAL WORKER SHORT TERM TEMPORARY STAFF Need to complete a one off task and where the duration of the assignment is one week or less Need for on-going flexible/ad hoc support Need for regular support for a period of up to 3 months Contract for Services Contract for Services Contract of Services Advertising Advertising not necessary Vacancies may be advertised locally within Faculties, Vacancies may be advertised locally within Schools, Services Faculties, Schools, Services Authorisation Pre Yes Yes Yes requirement Duration One week or less No limit to the duration that these contracts can be used More than one week, but less than 3 months. Any extension beyond 3 months must be based on a standard University fixedterm/open ended employment contract. Contracts Form SS1 issued by Faculties, Form SS4 issued by Faculties, Schools, Services Form SS2 issued by Faculties, Schools, Schools, Services Services References Employment references not required Yes - Faculties, Schools, Services will be responsible for Yes - Faculties, Schools, Services will be obtaining employment references for shortlisted responsible for obtaining employment candidates. references for shortlisted candidates. Status No employment relationship No employment relationship Employment relationship Equal Pay Subject to equal pay for work of equal value legislation Subject to equal pay for work of equal value legislation Subject to equal pay for work of equal value legislation. Holiday Pay No entitlement Entitled to 28 days (pro rata) statutory holiday under the WTR. Entitled to University holiday pay calculated on the basis of days (pro-rata). Worker can exercise their right to paid holiday by request in writing to the Head of School/Service. Alternatively, holiday pay may be paid on a pro-rata basis at the end of the engagement. Payment for holiday to be made on the expiry of appointment, or on request at the time of taking holiday. First year of the engagement, worker may only take as much holiday as has been accrued at the relevant time. 14

15 TERMS OF ENGAGEMENT Immigration Checks WORKERS EMPLOYEES CASUAL WORKER SHORT TERM TEMPORARY STAFF No Yes - Faculties, Schools, Services will be responsible for carrying out document checks to confirm that individuals have the right to work in the UK. Where the duration of the engagement is more than 12 months, HR will be responsible for carrying out annual document checks for individuals who do not have permanent leave to remain in the UK. Yes - Faculties, Schools, Services will be responsible for carrying out document checks to confirm that individuals have the right to work in the UK Increments No No No Interviews No Yes at local level in line with the University s recruitment and selection policy Yes at local level in line with the University s recruitment and selection policy Job Descriptions No Not required, but may be good practice Yes required National Minimum To be paid National Minimum Wage To be paid National Minimum Wage To be paid National Minimum Wage Wage Objective justification for the post being fixed-term No No Yes Obligation by the individual to accept work Obligation by the University to offer work N/A No Yes N/A No Yes Payment Method One off payment Zero hours only, paid by timesheet Timesheet/annual salary Pension Scheme Not eligible Not eligible Optional Period of Notice N/A Arrangement can be terminated at any time by either the Individual or the University by giving one months notice in writing. One month Standard of performance if the standard of performance is deemed unacceptable by the University, the agreement can be terminated without notice. Probation N/A No Optional Protection in the workplace Discrimination Discrimination Full employment protection 15

16 TERMS OF ENGAGEMENT Purpose of Appointment WORKERS EMPLOYEES CASUAL WORKER SHORT TERM TEMPORARY STAFF Health & Safety Whistleblowing Equal Pay National Minimum Wage To carry out one off tasks Health & Safety Whistleblowing Equal Pay National Minimum Wage To provide flexible and ad hoc support Need for regular work pattern that is essential to the day to day running of the Faculty, School, Service Rates of Pay Must meet National Minimum Wage Paid at an appropriate rate on UOL pay scales Paid at an appropriate rate on UOL pay scales Redeployment N/A N/A N/A Redundancy Pay N/A No entitlement No entitlement Requirement to consult through ESRG on the expiry of appointment/funding Requirement to individual consultation on the expiry of N/A No requirement - not employees No requirement as the employment is 3 months or less. If the contract is extended beyond 3 months there will be a requirement under our policy to consult on the expiry of appointment. N/A No requirement not employees No requirement as employment is 3 months or less. If the contract is extended beyond 3 months there will be a requirement under our policy to consult on the expiry of appointment/funding Sick Pay N/A No entitlement to University sick pay possibly eligible for SSP Statutory Payments e.g. SMP/SAP/SPP appointment. No entitlement to University sick pay, but may be eligible to SSP depending on level of NI contributions paid N/A Statutory Payments if eligible Statutory Payments if eligible 16

17 Appendix 4 Payment Forms These are sample forms only. Triplicate forms from HR / Payroll should be used. SS1 Form Payment for casual workers (less than 1 week) 17

18 18

19 SS2 form Application form and the principle statement of terms and conditions of employment for short term temporary staff 19

20 20

21 SS4 form Worker agreement 21

22 22

23 Form SE1 Agreement for the provision of services THE UNIVERSITY OF LEEDS AGREEMENT FOR THE PROVISION OF SERVICES TEACHING (TEACHERS/INSTRUCTORS/LECTURERS/TUTORS), EXAMINING, ACTORS AND MUSICIANS This form should be completed for all individuals providing the above Services for work pre-determined by HMRC Employment Status Indicator (ESI) as self-employed (see or where special provisions are in place in accordance with the regulations of HM Revenue and Customs in relation to the deduction of Tax and National Insurance contributions. - Section 1 to be completed by the Engager (where applicable) - Sections 2 to 5 to completed by the individual providing the Services - Sections 6 to 8 to be completed by the Dean of Faculty/Head of School/Service (or formal nominee) 1. To be completed by the Engager before any work commences (Lecturers, Instructors, Tutors and Teachers only) If undetermined by ESI, name of HMRC HMRC Employment Status Indicator No Date Officer confirming self-employed status 2. Faculty/School/Service where service is to be carried out 3. Personal Details Title First names / Given names (in full) Family Name / Surname Gender (M/F) Address Nationality National Insurance Number (if known) Date of Birth D D M M Y Y 4. Professional Indemnity Insurance and/or Public Liability Insurance Do you have professional indemnity insurance? If yes, please provide details of amount covered: YES/NO Do you have Public Liability Insurance? If yes, please provide details of amount covered: 5. Are you known to any member of the Faculty/School/Service where the Services are to be provided? If yes, please provide details: YES/NO YES/NO 6. Description of Services Please tick the appropriate box below to indicate the type of services to be provided Teaching Lecturer Question Setter (postgraduate level and above) Instructor Tutor Actor/Musician Moderator (postgraduate level and above) Examining (postgraduate level and above) 7. Commencement of Services Date Services Commence Date Services Ends (if appropriate) Cost Object 8. Details of Fee/Payment Total fee/payment (excluding VAT) Number of instalments of fee/payment to be paid (if appropriate) To be paid Monthly/Quarterly/On completion (delete as appropriate) Note for Heads On completion of the task outlined above, Fees Form 1 should be completed and returned to the Payroll Office for payment. A copy of this form should be retained by the Faculty/School/Service and be available upon request by HMRC. Signed Date. Individual The completed form should now be passed to the Dean of Faculty/Head of School/Service (or formal nominee). Signed Head of School/Service (or formal or nominee) Date.. I confirm that I acknowledge that the individual does not have the recommended level of professional indemnity insurance/public liability insurance, and that in the event of damages claimed against the University, the Faculty will accept any financial responsibility. Signed.. Date.. Dean of Faculty/Head of Service (or formal nominee) This document will be returned to the individual signed by the Dean of Faculty/Head of School/Service (or formal nominee) on completion of Sections 6 to 8. Details of the main terms and conditions relating to the Services to be provided are outlined on the reverse of this document. The signed document (including the main terms and conditions overleaf) forms the formal Contract for Services. Updated February 2013 Top White copy to be returned to Individual Pink copy to be retained by the Faculty/School/Service 23

24 STATEMENT OF THE TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES This statement confirms the terms and conditions for work pre-determined by HMRC as self-employed as one of the following categories: TEACHING (TEACHERS/INSTRUCTORS/LECTURERS/TUTORS), EXAMINING, ACTORS AND MUSICIANS STATUS The University shall not take on the responsibilities of an employer with regard to your Services. You shall be deemed to be self-employed and shall indemnify the University against any extra expense or penalty it may sustain through any authority questioning your self- employed status. You shall not hold out to be a representative of the University, nor may make any statements on behalf of the University without the consent of the Dean of Faculty/Head of School/Service.. FEE Subject to satisfactory performance of your Services the University shall pay a fee (exclusive of VAT) as shown on the reverse of this form, and shall not deduct tax or National Insurance contributions where the ESI outcome is self-employed. In other cases, the deduction of tax or National Insurance contributions will be made in accordance with HMRC regulations. The agreed fee is inclusive of any expenses incurred in providing the Services e.g. travel and accommodation expenses etc. PAYMENT Invoices providing details of the Services provided shall be sent to the Dean of Faculty/Head of School/Service (or formal nominee) at agreed intervals indicated on the reverse of this form. The University will pay approved invoices within a period of 45 days. DUTIES You shall deliver the Services on a when required basis. Services will only be required and delivery commenced when mutually agreed in writing between you and the Dean of Faculty/Head of School/Service (or formal nominee). In the absence of any specific time requirements or quality standards, you shall ensure the Services are delivered to a high quality standard and in a timely manner. You shall accommodate any reasonable requests for changes to the Services. This agreement shall end when the Services provided, to the satisfaction of the Dean of Faculty/Head of School/Service, or the date specified on the front of this form (where appropriate). KEY PERSONNEL You may only use agreed personnel to deliver the Services. You shall ensure that the agreed personnel is/are always available to deliver the Services. If you wish to provide a substitute this may only be done at the absolute discretion of the Dean of Faculty/Head of School/Service. RESOURCES You will be required to be self sufficient in terms of resources required to deliver the Services. CONFIDENTIALITY AND IPR You agree not to disclose to third parties any information identified, or by its nature reasonably deemed to be, confidential. For the purposes of the above, confidential information does not include information which at the time of disclosure was already in the public domain or subsequently is lawfully in the public domain other than through disclosure by yourself. All property rights (including intellectual property rights) in Work shall belong absolutely to the University. With the written agreement of the Dean of Faculty/Head of School/Service you may obtain a licence back to use such Work free of charge for specified purposes and with other third parties. You warrant that the Work may be used and enjoyed by the University in accordance with its rights above, without restriction or challenge from any third party. You agree to indemnify the University against any loss or expense arising from breach of this warranty. You agree to waive all moral rights to or its representatives may have in the Work. Moral rights shall have the meaning used under the Copyrights, Designs, and Patents Act This in particular means that the University can use the Work without acknowledgement and can alter the Work as it thinks appropriate for its purposes. Wherever the University shall use the Work other than relating to teaching, the University shall give acknowledgement as to authorship. Work means any material or information introduced or produced by you relating to the Services COMMUNICATION You shall communicate progress on the delivery of the Services to the Dean of Faculty/Head of School/Service at agreed intervals. You shall attend relevant meetings and reply to relevant correspondence. If at any time you anticipate problems relating to delivery of the Services you shall immediately notify the Dean of Faculty/Head of School/Service (or formal nominee). SECURITY OF PERSONAL BELONGINGS You are required to take personal responsibility for all personal possessions or other property, including vehicles, which you may bring onto the University premises. The University takes no responsibility for any personal items which may be lost, stolen or damaged whilst on University premises PROFESSIONAL INDEMNITY INSURANCE/PUBLIC LIABILITY INSURANCE Unless waived in writing by the Dean of Faculty/Head of Service (or formal nominee), you shall ensure that you have appropriate professional indemnity insurance and public liability insurance cover of a minimum of 5 Million. UNIVERSITY POLICIES AND GENERAL LAW At all times, you are required to comply with University rules, policies, guidelines and protocols which apply to contractors and/or visitors to the University (see for further information). In particular, you will be required to comply with: The University s Policy on Data Protection ice.html The University s Health and Safety Policy The University s Equality and Diversity Policy The University s financial arrangements You will comply with all reasonable instructions of University staff where related to compliance with the above. TERMINATION The University shall be entitled to immediately terminate this agreement if: You are in breach of this agreement, or The Services being delivered in the opinion of the University are not of good quality, and after notice from the University of such failure the work has not been corrected to the standard required by the University within a period of no longer than 2 weeks. Upon termination or request by the University, you shall return all materials and information belonging to the University to the Dean of Faculty/Head of School/Service (or formal nominee). GENERAL This Agreement may not be varied unless agreed in writing by the Dean of Faculty/Head of School/Service (or formal nominee). This Agreement constitutes the entire understanding of the parties in relation to the matters described and overrides any prior understandings or statements. If either party does not enforce a commitment this shall not constitute a waiver of that party s rights and shall not prejudice that party s rights to demand performance at a later date. The University has full rights of set off. This Agreement is subject to English Law and the exclusive jurisdiction of the English Courts. If you require this form in an alternative format (for example braille, large print or electronic format) please contact Human Resources on extension Updated February 2013 Form SE1 Self Employed

25 Form SE2 Agreement for the provision of services If you require this form in an alternative format (for example braille, large print or electronic format) please contact Human Resources on extension 34146

26 If you require this form in an alternative format (for example braille, large print or electronic format) please contact Human Resources on extension 34146

27 Fee form 1 If you require this form in an alternative format (for example braille, large print or electronic format) please contact Human Resources on extension 34146

28 Fee form 2 If you require this form in an alternative format (for example braille, large print or electronic format) please contact Human Resources on extension 34146