Pro-Forma Bank Worker Agreement

REGISTRATION AGREEMENT FOR THE UNIVERSITY BANK

WithinThe [NAME OF DEPARTMENT]

  1. General Terms

The University of Sheffield (“the University”) operates a bank for workers (“the[specify department] Bank”). The following terms and conditions of registration will apply to you on each occasion that work is undertaken for the University via the Bank. The University reserves the right to alter or amend your terms and conditions from time to time and will provide you with notification of such changes in writing.

The existence of this agreement does not guarantee that work will be offered to you. This agreement represents that you have been accepted to be included on the University’s Bank register only.

For the avoidance of doubt, both parties agree and understand that nothing in this agreement is intended to create a contract of employment between you and the University outside any specific periods of engagement, and that during each engagement only,statutory employment rights will apply.

Your registration and engagement with the Bank does not represent any obligation on the part of the University to offer you suitable engagements. If it is identified that having offered work, it becomes no longer necessary or an alternative means is identified to fulfil the activity, prior to the commencement of the work, the department can withdraw the offer of work without notice if necessary.

Nor does this agreement represent any obligation on your part to accept any engagements offered. Where you agree to undertake an engagementAND commence this activity under the terms of this Agreement you shall not be entitled to temporarily or permanently withdraw your services from the provision of a specific engagement, without you being subject to providing the University with one week's written notice. In addition should circumstances change duringan engagement so that the work you were engaged to undertake is no longer available or required, then the University will provide one week's notice for the termination of this specific engagement to you should you already have commenced the engagement

  1. Place of Work and Duties

Whilst working with the University your place of work mayvary depending on the work offered and accepted under this agreement. You may be offered work at any of the University's locations. No allowance will be granted for any expenses or time incurred in travelling to/from the allocated place of work. Your duties and responsibilities mayvary according to the shift/job being covered and these will be explained to you in advance of any agreement to accept the work offered. These responsibilities should not be regarded as exclusive or exhaustive and may need to be amended from time to time in the light of departmental requirements at the work location.

  1. Asylum & Immigration Act

In accordance with the Asylum & Immigration Act 1996 you must be able to demonstrate that you are able to legally work in the United Kingdom.

  1. Criminal Records’Checks

Prior clearance from the Criminal Records’ Bureau may be required depending on the type of work you are engaged to perform. If so, this will be applied for on your behalf. Alternatively, a Subject Access Check may be required. If so, you will be provided with guidance on how to apply for this via the Department.

  1. Accountability

On a day-to-day basis, you will be accountable to the Head of Department or [title/[name of nominee - department to complete]their nominee where you are undertaking the work placement.

  1. Payment

Your basic hourly rate of pay will be dependent on the type of work that you undertake from time to time and will be in accordance with the pay rates agreed at the time an engagement is offered You will be paid monthly in arrears, via instalments directly into your bank or building society account by Bank Credit transfer. In order to ensure this happens you will need to submit a claim form authorised by your Head of Department or[department to complete] to the Pay & Pensions Office, Department of Finance in line with the timescales defined on the Pay & Pensions Office web pages. . For the avoidance of doubt, failure to submit a timesheet completed and authorised in the appropriate way may result in payment being withheld.

Only work booked through your Head of Department or[department to complete] will be eligible for payment.

Deductions of tax and national insurance contributions will be made at source.

Should any overpayment be made by reason of any error of law or fact, you agree that the University may recover the sum overpaid by adjustment of future payments. If you hold more than one contract with the University you agree that, the University may correct an overpayment made under one contract with deductions from payments under another.

  1. Hours of Work

You are registered with the Bank on an ad hoc and casual basis. The Bank does not guarantee work will be available on any particular day or week. There is no obligation on the part of the Bank to provide any work, or for you to accept any work offered to you.

You are at liberty to refuse any work offered. If you accept work and then subsequently become unavailable to complete the period of activity, you must notify the relevant Head of Department or[department to complete] involved at the earliest opportunity, and provide, no less than one weeks notice, and your payment will be adjusted accordingly.

Except for annual leave (please see clause 8) there is no other entitlement to any other paid leave, accrued during a period of engagement, unless you met the eligibility criteria for other potential statutory benefits e.g. paternity leave and paternity pay, maternity leave and maternity pay.

It is your responsibility to present yourself for duty at the appropriate and agreed location on time, and to be immediately and suitably prepared to commence your duties. Failure to attend for shifts without prior notification,may result in you being removed from the Bank register. Shifts may be swapped between members of the Bank, or a substitute gained from the Bank, only with the express prior approval of the relevant Head of Department or [department to complete] .

Before offering work the Bank will take into account the following:

  • Bank workers who also hold employment (full or part time) with any other body including the University under a separate contract may work a total maximum of 48 hours per week, averaged over a 17 week reference period, including their normal working hours, in line with the Working Time Regulations.
  • Bank workers who do not hold employment with any other body may work up to 48 hours per week on the Bank.

The following unpaid rest periods will apply if you work for more than six hours continuously:

  • You are entitled to and required to take a 20-minute break when over six hours has been worked continuously.
  • You are entitled to and required to take a daily rest period of at least 11 consecutive hours in each 24-hour period.
  • You are entitled to and required to take not less than 24 hours continuous rest each week OR 48 hour continuous rest each fortnight. Each week starts midnight on Sunday.

You have an individual responsibility for the numbers of hours you work. If you consider that you do work more than 48 hours per week in total, averaged over any consecutive 17 week period, (including hours worked elsewhere in the University, or any other organisation) you must notify your Head of Department[or department to complete] of this fact immediately.

The University has the right not to offer you work where it is felt that your additional hours will prevent you from delivering the required level of performance in your duties. On request, therefore, you must provide the University with details of all other work that you undertake. If you fail or refuse to provide this information or refuse to reduce your hours, the University has the right to remove you from the Bank.

  1. Annual Leave

You will be entitled to paid annual leave pursuant to the Working Time Regulations 1998. This will be a pro rata entitlement of paid annual leave (inclusive of bank/University closure days), based on the full time statutory entitlement under the Working Time Regulations 1998. You may take holiday at times agreed with the Head of Department or [nominee].

  1. Public/Bank Holidays

Any work that is offered to you to undertake on a Public/Bank Holiday [*will be paid at an enhanced rate of pay in accordance with the attached pay rates] [*will not be paid at an enhanced rate of pay] *[Delete as appropriate].

  1. Absence Due to Sickness

You must notify your Head of Department (or nominee) when absent due to ill health/injury. You will not be entitled to the University’s occupational sick pay; however, you may be eligible for Statutory Sick Pay (SSP) if you meet the relevant eligibility criteria.

  1. Medical Fitness

A satisfactory Occupational Health Clearance may be required depending upon the type of work you are engaged to perform.

It is a condition of any offer of work made by the Bank that you are fit to carry out the duties. The Bank may request evidence of such fitness in order that an offer of work may be made, or for an existing work placement to be continued.

  1. Behaviour Management

Whilst undertaking duties for the University you are expected to achieve and maintain acceptable standards of conduct, attendance and performance applicable to the area in which you are working. You must also comply with such other instructions as you may be given from time to time. During an engagementunacceptable standards of conduct, attendance or performance may result in disciplinary action including temporary suspension and/or termination from a specific assignment.

  1. Confidentiality

You must not disclose any Confidential Information relating to the University or to any third partyduring or after anyengagement except as required by law. The expression “Confidential Information” shall include but is not limited toall documents and other information relating to the University’s business and services such as contractual agreements;the University’s personnel records, accounting information and details relating to its financial arrangements; and the University’s computer software, research projects, inventions and designs; and students’ personal information.

You must not remove any documents, computer discs or tapes containing Confidential Information from the University’s premises at any time without proper advanced written authorisation. All such documents, discs, tapes and any copies are the University’s property.

You are required upon request by the Head of Departmentor [department to complete] ) at your placement, or on termination of this agreement, to immediately return to the University all Confidential Information and any other University property or material whatsoever in your possession.

  1. Data Protection

By signing this Agreement you consent to the University holding and processing any information about you which you provide to the University or which it may acquire as a result of your appointment by the University under this Agreement, and to the University holding and processing any sensitive personal data about you ("sensitive personal data" having the meaning given to it in the Data Protection Act 1998, (e.g. gender, age, disability etc.).

You consent by signing this Agreement to the University making such information available to other bodies including those who provide products or services to the University (such as advisers), regulatory authorities.

You are required to obtain, process and/or use information in accordance with the University's Data Protection Policy.

Nothing in this Agreement shall be interpreted as contravening any of the provisions of the Freedom of Information Act 2000 (as amended) and you acknowledge and accept that the University is subject to the same.

  1. Health and Safety

The University will take all reasonable practicable steps to ensure your health, safety and welfare during the time that you provide services for the University including the provision of any mandatory Health Safety training if appropriate. Your attention is drawn to the University’s Health and Safety Policy and to any departmental policies relevant to the department where you are working, identified to you by the department nominee. For those unable to access the University’s web pages printed copies of the relevant documents will be provided. These policies must be observed at all times.

You must be aware of your own responsibilities for health and safety and have regard at all times for your own health and safety and that of other workers, appointees, employees, students and visitors to the University’s premises. Any hazards to such health and safety or accident must be reported immediately.

  1. Smoking Policy

The University has a no smoking policy that operates in and on all its premises.

  1. Personal Belongings

The University cannot accept responsibility for loss by theft or otherwise, or damage of your personal belongings. You are advised to ensure that you have adequate personal insurance to cover such loss/damage should it occur.

  1. UCards/Identification Badge

If you have been issued with a UCard/Identification Badge it should be clearly visible at all times whilst you are on site. You should not wear your UCard/Identification Badge if you are off-site. You must return any UCard/Identification Badge on cessation of this agreement or at the end of each period of engagement if requested by your Head of Department or [department to complete] . You must also inform Corporate Information & Computing Services if you lose your UCard, or the department if you lose your Identification Badge as soon as possible.

  1. Valuing Diversity

It is the aim of the University to ensure that no worker receives less favourable treatment on the grounds of sex, race, colour, religion, marital status, sexuality, sexual orientation, age, religion or religious belief, ethnic origin, or disability or is not placed at a disadvantage by conditions or requirements which cannot be shown to be justifiable. To this end the University has an “Equal Opportunities Policy” and it is for you to contribute to the implementation and success of the policy.

20.Grievance

Wherever possible attempts should be made to resolve any issues of concern identified during any engagement, at an informal level in the first instance with your Head of Department or [department to complete]. If this is not appropriate or you remain dissatisfied with the outcome the Statutory Grievance Procedure will apply.

21.Dual Student Relationship

The clauses within this section are only relevant if and whilst you remain a registered student at the University of Sheffield, and aims to recognise that the student and worker relationship may have the potential to impact upon the other. In addition to the below you should also refer to the ‘Protocol for managing the dual relationship of University of Sheffield students who work at the University’:

21.1Maximum Hours of Work

You agree to comply with any relevant requirements placed on you with regard to the maximum number of hours you are able to work under any student visa or funding body restrictions, or recommendations made by your academic department.

21.2Conflict of Interest

You must ensure that any activities you undertake within your student role e.g. committee member, must not conflict with the responsibilities associated with the terms of this Bank Agreement.

21.3Disciplinary/Capability (This clause is in addition to clause 12 of this Bank Agreement)

Wherever possible any issues relating to conduct/competence should be identified and resolved without recourse to formal procedures.

Any concerns relating to your conduct, competence or fitness to practise as a student may be addressed under either theUniversity of Sheffield General Regulation as to the Discipline of Students, or the University of Sheffield General Regulationsrelating to Student Fitness to Practise or the University of Sheffield General Regulation as to Progress of Students. Should a situation arise in which it is not immediately clear whether Student or Statutory Dismissal Procedures apply, or in which an incident, wherever it originates, impacts on both student and Bank engagement duties, the relevant University Support Departments will agree as to which of the procedures should be invoked.

The department taking the lead in disciplinary action will normally inform the other, if deemed to be of relevance, before procedures are initiated, and will keep them informed at all stages thereafter.

The Support Departments may each take account of any warnings issued by the other, if the issue is deemed relevant, when deciding on disciplinary action in their own spheres.

21.4Grievance (This clause is in addition to clause 20 of this agreement)

A grievance relating to your studies should be addressed via the Students Complaints Procedure.

21.5Termination (This clause is in addition to clause 23 of this agreement)

Should your registration on the Bank be suspended, or terminated, this may result in a review of your student status by the relevant student support department. Where such a review is required, it will be carried out in accordance with the relevant procedures, for example, the University of Sheffield General Regulation as to the Discipline of Students, the University of Sheffield General Regulation relating to Student Fitness to Practise or the University of Sheffield General Regulation as to Progress of Students. Alternatively, should your student registration be suspended or terminated this may result in a review of your registration on the Bank.

22.Pension

During an engagement you will be eligible to join the University’s Stakeholder Pension Scheme, subject to fulfilling the eligibility criteria. For further details with regard to this please contact the Pay & Pensions Office.

23.Termination of Registration Agreement

You may decide at any point to end your availability to work with the University via the Bank, without notice.