This agreement governs the engagement of self-employed Tutor Associates by Ember Learning Ltd (trading as Ember Tutors) for the delivery of online tutoring sessions in mathematics and English to students aged 11 to 16.
1. Self-Employed Status
Tutor Associates are engaged as independent self-employed contractors, responsible for their own tax and National Insurance. They are free to work for other clients provided there is no conflict of interest. The Company is not obliged to offer any minimum volume of work. Importantly, self-employed status does not reduce or remove any safeguarding obligation.
2. Scope of Services
Associates deliver online tutoring sessions via the Company's platform to groups of no more than three students. Sessions are typically 50–60 minutes. Once a session invitation is accepted, the Associate is committed to delivering it; cancellations require at least four hours' notice except in genuine emergencies.
3. Pre-Commencement Requirements
No Associate may deliver any session or access student data until all of the following have been completed and confirmed in writing: an enhanced DBS check with barred list check, two satisfactory references, identity verification, mandatory safeguarding training, signing of this agreement (including the Confidentiality and Data Handling Undertaking), and completion of platform onboarding.
4. Safer Recruitment
Associates must provide a five-year employment history with all gaps explained. At least one reference must relate to work with children. The Company verifies identity documents and may use the DBS Update Service where applicable. Any subsequent caution, charge, conviction, or regulatory investigation must be disclosed within 24 hours.
5. Safeguarding and Child Protection
Associates must complete annual safeguarding training. Any concern identified during a session must be logged via the platform's reporting tool within one hour and reported directly to the Designated Safeguarding Lead. Associates must never investigate concerns themselves or contact the student's family without DSL authorisation. The obligation to report applies regardless of severity.
6. Conduct Standards
Associates must maintain professional boundaries at all times: deliver sessions from an appropriate setting, use age-appropriate language, and never communicate with students outside the platform. No personal contact details may be shared with students, parents, or carers. Independent recording of sessions is strictly prohibited.
7. Confidentiality and Data Protection
All student information is strictly confidential, and confidentiality obligations continue indefinitely after termination. Associates may only process student data for the purpose of delivering sessions and must not store it on personal devices or share it with third parties. Any actual or suspected data breach must be reported to the DSL within one hour.
8. Intellectual Property, Insurance, and Fees
Materials created specifically for Ember Tutors sessions are owned by the Company. Associates must maintain professional indemnity insurance (£1,000,000 minimum) and public liability insurance (£2,000,000 minimum). Fees are agreed individually and invoiced monthly in arrears with 30-day payment terms.
9. Termination
Either party may terminate on two weeks' written notice. The Company may terminate immediately if an Associate is barred from working with children, breaches safeguarding or data protection obligations, provides false information during recruitment, or engages in conduct that poses a risk to students. On termination, all platform access ceases and any student data must be deleted.
10. Governing Law
This agreement is governed by the laws of England and Wales, with exclusive jurisdiction in the courts of England and Wales.
The full agreement and schedules are available on request. Contact hello@embertutors.co.uk.