Working through a tutoring agency: what to check about clients before you sign
A non-solicitation clause stops you from approaching an agency's clients for a stated period after you leave, and the exact wording matters. Whether any particular clause can be relied on depends on its wording and the facts, so read it closely before you sign and take advice if the stakes are high.
What a non-solicitation clause is
Acas, in its guidance on terms restricting a worker's actions, describes restrictive covenants as terms that restrict an employee's activities after they leave, to protect the employer's business interests. It lists non-solicitation as preventing former employees from trying to get the business of their previous employer's clients.
Agency terms for tutors often include a similar idea in their own words: you must not teach a family you met through the agency outside the agency, or must not approach them for a stated period after you stop working for it. Sometimes there is also a clause that lets you move a family on to your own books if you pay an introduction fee.
Can it be relied on? It depends
We are not going to tell you whether a particular clause is or is not enforceable, because no one can without reading the wording and knowing the facts. Acas says that an employer will not usually be able to enforce restrictive covenants unless they're clear, specific and time-restricted, and that employers should consider getting legal advice before including them in contracts.
That page is about employment contracts. Most tutors working through an agency are self-employed, and their position may differ. If an agency has asked you to sign something with a restriction, the sensible course is to read it carefully, ask questions and take advice before you agree, rather than after a dispute arises.
Are you employed or self-employed?
GOV.UK says a person is self-employed if they run their business for themselves and take responsibility for its success or failure. It describes self-employed people as not under direct supervision when working and as putting in bids or giving quotes to get work.
Employment status helps determine a person's rights and an employer's responsibilities, and it depends on the real working arrangement, not only on the label in the paperwork. If you are unsure of your status, contact Acas or take advice.
What to ask the agency before you sign
Read the whole document, then ask for anything unclear to be explained in writing. In particular, check:
- Who counts as a client: only families the agency introduced, or anyone you have ever taught?
- How long any restriction lasts after you stop working with the agency, and what it actually prevents.
- What happens with existing pupils you already teach privately before you join.
- Whether an introduction or release fee lets you take a family on directly, and how much it is.
- Notice and payment: how much notice either side gives, and how quickly you are paid.
- Who is responsible for DBS checks, insurance, safeguarding and the family's personal data.
If you run the agency or tutoring business
If you are the one asking tutors to sign, keep the terms short and clear, and explain them in plain words before anyone commits. Acas advises employers to consider getting legal advice before including restrictive covenants in contracts. Keep a signed copy for each tutor and tell tutors in advance which family details you will share with them.
What an agency terms checklist should record
A preview of our free Tutoring Agency Terms Checklist. The complete, print-ready version is sent to you by email.
The parties
- Tutor name
- Agency or tutoring company name
- + 3 more in the full form
Fees and payment
- Fee the family pays per lesson
- Fee you receive per lesson
- + 2 more in the full form
Clients and restrictions
- How the terms define a clientFree text
- Do the terms restrict you from teaching an agency family directly?Yes / NoIf yes, copy the wording and the length of the restriction
- + 3 more in the full form
Ending the arrangement
- Notice you must give
- Notice the agency must give
- + 1 more in the full form
Responsibilities
- Who arranges and pays for DBS checks
- Who holds insurance for your tuition
- + 2 more in the full form
The full form has 21 questions in 5 sections, a signed declaration and space for your business details. Get it free below.
Free template
Get the print-ready Tutoring Agency Terms Checklist
A one-page record of the terms you and an agency have agreed, print-ready, with space for client rules, fees and notice. Free, and yours to adapt.
Frequently asked questions
How long can an agency stop me contacting its clients?
There is no single answer. It depends on what your agreement says and the facts. Read the clause for its length and what it actually restricts, and take advice before you sign if the stakes are high.
Can I carry on teaching a family I already taught before joining an agency?
Check the terms before you sign. Tell the agency in writing about pupils you already teach and ask for them to be listed as excluded, so there is no argument later.
Is a tutor working through an agency employed or self-employed?
It depends on how the work is actually done, not just the label. GOV.UK describes self-employed people as running their business for themselves and not being under direct supervision. If unsure, contact Acas or take advice.
Do I need a lawyer to look at an agency contract?
Not always, but if a clause restricts your work after you leave, or the sums are large, advice before you sign is cheaper than a dispute afterwards.
Sources
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Client agreement, cancellation policy, privacy notice and parental consent in the Starter pack at £29. The Pro pack at £49 adds safeguarding, online terms, group and exam prep paperwork. One payment, no subscription.
See the packs, from £29 →These articles are general guidance for UK private tutors, not legal advice. Our documents are editable templates: adapt them to your own tuition, check your insurer's requirements and take advice where the stakes are high.