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Permanent Staff
These terms and Conditions of Business are
between Employment Plus Limited and/or any
subsidiaries or associates (“the Company”) and
the Employer Client (“the Client”) and are
deemed to be accepted by the Client by virtue of
an interview or the engagement (which term
includes employment or use, whether under a
contract of service or for services) of a
candidate introduced by the Company or the use
by the Client of a Temporary Worker.
1 The Client agrees to notify the Company
immediately an engagement is accepted and to
pay the fee of the Company within 20 days of the
commencement of the engagement.
2 The fee payable to the Company by the Client
for the introduction of an applicant is calculated
as set out in the Scale of Fees below on the gross
remuneration, which the applicant is entitled to
earn during the first twelve months of employment
with the Client. Remuneration includes all salary,
payments and other taxable emoluments payable
to or receivable by the candidate for services
rendered to or on behalf of the Client. VAT shall be
paid in addition.
Scale of Fees
20% for all salaries.
3 Should the relevant employment terminate
before the expiry of 12 weeks, (save where the applicant being
made redundant by the Client) the fee will be rebated as follows
provided that the Client notifies the Company in writing within
7 days of the termination of employment and has
paid the Company’s fee:
Rebate Scale
1 – 4 weeks 100% rebate
5 – 8 weeks 50% rebate
8 – 12 weeks 1O% rebate
Should the Client or any subsidiary or associated
company of the Client subsequently re-engage the
applicant within a period of six calendar months from
the date of termination, a full fee in accordance with
Paragraph 2 above becomes payable.
4 Introductions are confidential. The passing
on of an introduction to another employer which results in
an engagement renders the Client liable to payment
of the Company’s fee as set out in Paragraph 2.
5 An introduction fee calculated in accordance
with Paragraph 2 of these terms will be charged
in relation to any applicant engaged as a
consequence of or resulting from an introduction
through or by the Company, even though the
introduction may be indirectly.
6 The Company endeavours to ensure the
suitability of any applicant introduced to the
Client. The Client shall notwithstanding satisfy
himself as to the suitability of any applicant and
shall take up any references provided by any
applicant and/or the Company before engaging
such applicant. The Client shall be responsible for
obtaining work and other permits, for the
arrangement of medical examinations and/or
investigations into the medical history of any
applicant, and satisfies any medical and other
requirements or qualifications required by law.
7 The Company shall not be liable under any
circumstances for any loss, damage or expense
suffered or incurred by the Client arising from or
in any way connected with the Company seeking
an applicant for the Client or the introduction by
the Company to the Client of any applicant or the
engagement of any applicant by the Client.
8 No variation can be made to these terms
without the written consent of one of the Directors
of the Company.
Temporary Terms of Business
These Terms and Conditions of Business are between Employment Plus
Ltd and/or any subsidiaries or associates hereafter called “Employment
Business” and the Hirer (hereinafter called the “Client”).
1. Definitions
1.1 In these Terms of Business the following definitions apply:
“Assignment” means the period during which the Temporary
Worker is
supplied to render services to the Client;
“Client” means the person, firm or corporate body together
with any
subsidiary or associated company as defined by the Companies Act
1985 to whom the Temporary Worker is supplied or introduced;
“The Employment Business” means Employment Plus Limited
of South Down House, 82 High Street, Billingshurst, West Sussex, RH14 9QS.
“Engagement” means the engagement, employment or use
of the
Temporary Worker directly by the Client or any third party or though
any
other employment business on a permanent or temporary basis, whether
under a contract of service or for services; an agency, license,
franchise
or partnership arrangement; or any other engagement; directly or
through
a limited company of which the Temporary Worker is an officer or
employee
“Temporary Worker” means the individual who is introduced
by the
Employment Business to render services to the Client.
“Transfer Fee” means the fee payable in accordance with
clause 7.1
below and Regulation 10 of the Conduct of Employment Agencies and
Employment Businesses Regulations 2003.
“Introduction Fee” means the fee payable in accordance
with clause 7.2
below and Regulation 10 of the Conduct of Employment Agencies and
Employment Businesses Regulations 2003.
“Introduction” means (i) the Client’s interview
of a Temporary Worker in
person or by telephone, following the Client’s instruction
to the
Employment Business to supply a Temporary Worker; or (ii) the passing
to the Client of a curriculum vitae or information which identifies
the
Temporary Worker; and which leads to an Engagement of that Temporary
Worker.
“Remuneration” includes base salary or fees,
guaranteed and/or
anticipated bonus and commission earnings, allowances, inducement
payments, the benefit of a company car and all other payments and
taxable and, where applicable, non-taxable) emoluments payable
to or
receivable by the Temporary Worker for services rendered to or on
behalf
of the Client or any third party.
1.2 Unless the context otherwise requires, references to the singular
include the plural.
1.3 The headings contained in these Terms are for convenience only
and do not affect their interpretation.
2. The Contract
2.1 These Terms constitute the contract between the Employment
Business and the Client for the supply of the Temporary Worker’s
services by the Employment Business to the Client and are deemed
to be
accepted by the Client by virtue of its request for, interview with
or
Engagement of the Temporary Worker or the passing of any information
about the Temporary Worker to any third party following an Introduction.
2.2 These Terms contain the entire agreement between the parties
and unless otherwise agreed in writing by a director of the Employment
Business, these Terms prevail over any terms of business or purchase
conditions proffered by the Client.
2.3 No variation or alteration to these Terms shall be valid unless
the
details of such variation are agreed between the Employment Business
and the Client and are set out in writing and a copy of the varied
terms is
given to the Client stating the date on or after which such varied
terms
shall apply.
3. Charges
3.1 The Client agrees to pay such hourly charges of the Employment
Business as shall be notified to and agreed with the Client. The
hourly
charges are calculated according to the number of hours worked by
the
Temporary Worker (to the nearest quarter hour) and comprise mainly
the
Temporary Worker’s pay but also include the Employment Business’ commission calculated as a percentage of the Temporary Worker’s
pay,
employer’s National Insurance contributions and any travel,
hotel or other
expenses as may have been agreed with the Client or, if there is
no such
agreement, such expenses as are reasonable. VAT, if applicable, is
payable on the entirety of these charges.
3.2 The charges are invoiced to the Client on a weekly basis and
are
payable within 7 days. The Employment Business reserves the right
to
charge interest on any overdue amounts at the rate of 8%* per annum
(above the base rate from time to time of the Bank of England) from
the
due date until the date of payment.
3.3 *There are no rebates payable in respect of the charges of the
Employment Business.
4. Information to be Provided
4.1 When making an Introduction of a Temporary Worker to the Client
the Employment Business shall inform the Client of the identity of
the
Temporary Worker; that the Temporary Worker has the necessary or
required experience, training, qualifications and any authorisation
required by law or a professional body to work in the Assignment;
whether the Temporary Worker will be employed by the Employment
Business under a contract of service or apprenticeship or a contract
for
services; and that the Temporary Worker is willing to work in the
Assignment.
4.2 Where such information is not given in paper form or by electronic
means it shall be confirmed by such means by the end of the third
business day (excluding Saturday, Sunday and any public or Bank
holiday)
following, save where the Temporary Worker is being Introduced for
an
Assignment in the same position as one in which the Temporary Worker
had previously been supplied within the previous five business days
and
such information has already been given to the Client, unless the
Client
requests that the information be resubmitted.
5. Time Sheets
5.1 At the end of each week of an Assignment (or at the end of the
Assignment where it is for a period of one week or less) the Client
shall
sign the Employment Business’ time-sheet verifying the number
of hours
worked by the Temporary Worker during that week.
5.2 Signature of the time sheet by the Client is confirmation of
the
number of hours worked. If the Client is unable to sign a time-sheet
produced for authentication by the Temporary Worker because the
Client
disputes the hours claimed, the Client shall inform the Employment
Business as soon as is reasonably practicable and shall co-operate
fully
and in a timely fashion with the Employment Business to enable the
Employment Business to establish what hours, if any, were worked
by the
Temporary Worker. Failure to sign the time sheet does not absolve
the
Client’s obligation to pay the charges in respect of the hours
worked.
5.3 The Client shall not entitled to decline to sign a time-sheet
on the
basis that he is dissatisfied with the work performed by the Temporary
Worker. In cases of unsuitable work the Client should apply the
provisions of clause 10.1 below.
6. Payment of the Temporary Worker
6.1 The Employment Business assumes responsibility for payment of
the Temporary Worker and where appropriate, for the deduction and
payment of National Insurance Contributions and PAYE Income Tax
applicable to the Temporary Worker pursuant to sections 44-47 on
the
Income Tax (earnings and Pensions) Act 2003*.
7. Transfer and Introduction Fees
7.1 In the event of Engagement (or Introduction) of an agency worker
supplied by us either (i) directly by you or (ii) by you pursuant
to being
supplied by another employment business, within the Relevant Period,
you will become liable to either
7.1.1 Elect to give us 7 days notice to take an extended period of
hire
(or period of hire) of the agency worker in accordance with our
accompanying scale of fees, during which we shall be entitled to
charges
set out in clause 3.1 above for each hour agency work is so employed
or
supplied; or
7.1.2 Pay a Transfer Fee (or Introduction Fee) calculated as a percentage
of Remuneration at commencement of Engagement in accordance with
our accompanying scale of fees. No refund of Transfer Fee (or
Introduction Fee) will be paid if Engagement subsequently terminates.
7.2 If Engagement of agency worker is for a term of less than 6
months, Transfer Fee (or Introduction Fee) will apply pro rata. If
Engagement extends beyond initial term or if you re-engage agency
worker within 2 months of termination of first Engagement you will
be
liable to pay a further fee on same basis. No refund of Transfer
Fee (or
Introduction Fee) will be paid if Engagement subsequently terminates.
7.3 If agency worker is introduced by you to a third party which
results
in Engagement of agency worker by the third party within the Relevant
Period you will be liable to pay a Transfer Fee (or Introduction
Fee) as
detailed clause 7.1.2 above.
8. Liability
8.1 Whilst every effort is made by the Employment Business to give
satisfaction to the Client by ensuring reasonable standards of skills,
integrity and reliability from Temporary Workers and further to
provide
them in accordance with the Client’s booking details, the Employment
Business is not liable for any loss, expense, damage or delay arising
from any failure to provide any Temporary Worker for all or part
of the
period of booking or from the negligence, dishonesty, misconduct
or lack
of skill of the Temporary Worker. For the avoidance of doubt, the
Employment Business does not exclude liability for death or personal
injury arising from its own negligence.
8.2 Temporary Workers are engaged by the Employment Business
under contracts for services. They are not the employees of the
Employment Business but are deemed to be under the supervision,
direction and control of the Client from the time they report to
take up
duties and for the duration of the assignment. The Client agrees
to be
responsible for all acts, errors or omissions of the Temporary Worker,
whether wilful, negligent or otherwise as though the Temporary Worker
was on the payroll of the Client. The Client will also comply in
all respects
with all statutes including, for the avoidance of doubt, the Working
Time
Regulation, Health and Safety At Work Act etc, bylaws, codes of practice
and legal requirements to which the Client is ordinarily subject
in respect
of the Client’s own staff (excluding the matters specifically
mentioned in
Clause 6 above), including in particular the provision of adequate
Employer’s and Public Liability Insurance cover for the Temporary
Worker
during all Assignments.
8.3 The Client shall advise the Employment Business of any special
health and safety matters about which the Employment Business is
required to inform the Temporary Worker and about any requirements
imposed by law or by any professional body, which must be satisfied
if
the Temporary Worker is to fill the Assignment. The Client will assist
the
Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant
information about the Assignment requested by the Employment
Business and the Client will not do anything to cause the Employment
Business to be in breach of its obligations under these Regulations.
Where the Client requires or may require the services of a Temporary
Worker for more than 48 hours in any week, the Client must notify
the
Employment Business of this requirement before the commencement of
that week.
8.4 The Client undertakes that it knows of no reason why it would
be
detrimental to the interests of the Temporary Worker for the Temporary
Worker to fill the Assignment.
8.5 The Client shall indemnify and keep indemnified the Employment
Business against any costs, claims or liabilities incurred by the
Employment Business arising out of any Assignment or arising out
of any
non-compliance with clauses 8.2 and 8.3 and/or as a result of any
breach of these Terms by the Client.
9. Special Situations
9.1 Where the Temporary Worker is required by law, or any
professional body to have any qualifications or authorisations to
work on
the Assignment or the Assignment involves caring for or attending
one or
more persons under the age of eighteen or any person who by reason
of
age, infirmity or who is otherwise in need of care or attention,
the
Employment Business will take all reasonably practicable steps to
obtain
and offer to provide to the Client;
• Copies of any relevant qualifications or authorisations of
the
Temporary Worker, and
• Two references from persons not related to the Temporary Worker
who
have agreed that the references they provide may be disclosed to
the
Client
and has taken all reasonably practicable steps to confirm that the
Temporary Worker is suitable for the Assignment. If the Employment
Business is unable to do any of the above it shall inform the Client
of the
steps it has taken to obtain this information in any event.
10. Termination
10.1 The Client undertakes to supervise the Temporary Worker
sufficiently to ensure the Client’s satisfaction with the Temporary
Worker’s standards of workmanship. If the Client reasonably
considers
that the services of the Temporary Worker are unsatisfactory, the
Client
may terminate the Assignment either by instructing the Temporary
Worker
to leave the Assignment immediately, or by directing the Employment
Business to remove the Temporary Worker. The Employment Business
may, in such circumstances, reduce or cancel the charges for the
time
worked by that Temporary Worker, provided that the Assignment
terminates:
a) Within four hours of the Temporary Worker commencing the
Assignment where the booking is for more than seven hours; or
b) Within two hours for bookings of seven hours or less;
And also provided that notification of the unsuitability of the Temporary
Worker is confirmed in writing to the Employment Business within
48
hours of the termination of the Assignment.
10.2 Any of the Client, the Employment Business or the Temporary
Worker may terminate an Assignment at any time without prior notice
and
without liability.
10.3 The Client shall notify the Employment Business immediately
and
without delay and in any event within (4) hours if the Temporary
Worker
fails to attend work or notifies the Client that the Temporary Worker
is
unable to attend work for any reason.
10.4 The Employment Business shall notify the Client immediately
if it
receives or otherwise obtains information which gives it reasonable
grounds to believe that a Temporary Worker supplied to the Client
is
unsuitable for the Assignment and shall terminate the Assignment
under
the provisions of clause 10.2.
11. Law
11.1 These Terms are governed by the law of *England & Wales
and are
subject to the exclusive jurisdiction of the Courts of *England & Wales.
*delete as applicable
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