Terms and Conditions
TEMPORARY STAFF
These Terms and Conditions of business are between Karen Leggett RECRUITMENT Limited, hereinafter called the “COMPANY” and the Hirer hiring the Temporary Worker (hereinafter called the “CLIENT”).
THE CONTRACT
These Terms and Conditions are deemed to be accepted by the Client by virtue of an interview or the engagement by the Client (which term includes employment or use whether under a Contract of Service or for Services) or under an agency, franchise or partnership agreement of a temporary worker (hereinafter called the “TEMPORARY WORKER”) introduced by the Company.
TIMESHEETS
The Client agrees to pay the hourly charge of the Company advised at the time for the booking and to verify and sign the Company time sheet. Signature of such time sheet by the Client constitutes acceptance that the temporary worker’s services have been provided for the hours indicated on the time sheets and that such services have been satisfactory. Travelling, hotel or other expenses as may be agreed shall be itemised on the Company invoice in addition to this effect. Details of charges will be those in force at the time of the assignment and may be varied from time to time with immediate effect. Details of charges are available on application and are calculated on an hourly basis at rates varying according to the number of hours required in any one week. Failure to sign the timesheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
CHARGES AND PAYMENT TERMS
Charges which largely represent remuneration paid are invoiced weekly and are payable within 14 days. We reserve the right to charge interest at 2% above Barclays Bank PLC annual base lending rate, if payment is not received within 14 days of issue of the account. Any legal or other costs incurred by The Company in connection with any proceedings or in contemplation of such proceedings to recover any outstanding amounts will be payable by the Client. VAT is chargeable at the current rate.
The Client undertakes to supervise the Temporary Worker(s) assigned to him sufficiently to ensure the Client’s satisfaction with reasonable standards of workmanship but if the service of a worker proves to be unsatisfactory, the Company may reduce or cancel the charge for the time worked by that Temporary Worker provided that the Temporary worker leaves that assignment immediately and that notification, which must be confirmed in writing within five days, is received either:
a) Within four hours of the worker commencing duties where the booking is for more than seven hours.
b) Within two hours for bookings of seven hours or less.
REMUNERATION/DEDUCTIONS
The Company assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Earnings Insurance and the administration of Schedule E Income Tax (PAYE), applicable to the Temporary Worker and required by law.
INTRODUCTION FEES
As per the conduct of Employment Agencies & Employment Business Regulations 2004, an introduction fee of a minimum of 15% (plus VAT) less £5 per day or per part day will be charged to the Client if the Client engages a temporary worker introduced by the Company either directly or indirectly for a definite or in-definite period. Fees are calculated as a percentage of the annual gross taxable remuneration and any taxable emoluments received by the worker concerned. The same fee is also due upon the introduction of such a Temporary Worker to other Employers that result in an engagement. Fees are also liable where the Client engages one of the Company’s Temporary Workers via another Recruitment Organisation (or where applicable, if the temporary worker has become incorporated under a limited company, the engagement use or introduction of that limited company). Fees are due should the temporary worker be offered employment within 14 full weeks of the temporary worker commencing with the client or if they are offered employment within 8 weeks of the temporary worker finishing their last assignment with the Client.
Alternatively the Company is prepared to offer the Client the opportunity to continue hiring the Temporary for a period of 50 weeks on the same rate as previously charged. During this extended period should the Client wish to offer the Temporary Worker employment before the 50 week period, an introductory fee of a minimum of 15% (plus VAT) less £5 per day or part day will be charged with a minimum of £2,000 plus VAT.
Should the amount of the annual remuneration not be readily ascertainable the introduction fee will be calculated by multiplying the Company’s normal hourly charge for the services of the Temporary worker by 400, with a minimum of £5,000 plus VAT. Should the candidate subsequently leave the Client’s employment, the Company will make no rebate or refund of any fees. Payment terms in such incidences are 14 days after the invoice date.
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. An introduction fee will be charged in relation to any candidate engaged as a consequence of or resulting from an introduction by or through the Company, even though the introduction may be made indirectly.
SUITABILITY
The Company endeavours to ensure the suitability of any Candidate introduced to the Client. However, the Company does not ask for nor take up references or request proof of qualifications. The Client shall be solely responsible for satisfying itself as to the suitability of any Candidate and shall be absolutely responsible for the obtainment of any references required and be absolutely responsible for the corroboration of any cited qualifications before engaging any Candidate put forward for their consideration by the Company. The Company is not responsible for the provision of references or the corroboration of cited qualifications. The Client shall be additionally responsible for obtaining work and other permits and for the arrangement of medical examinations required by law. In the occasion of a client requiring Criminal Records Bureau Checks; it is the client’s responsibility to ensure that any temporaries supplied by the company are adequate for their requirements.
LIABILITY
Whilst every effort is made by the Company to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from workers and further to provide them in accordance with booking details, no liability will be accepted by the Company for any loss, expense, damage or delay arising from any failure to provide any particular Temporary Worker for all or part of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Workers provided.
a) Temporary Workers provided by the Company are provided under contracts for services and are deemed to be under the direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors and omissions be they wilful, negligent or otherwise as though the worker were on the payroll of the Client and the Client will in all respects comply with all statutes, including for the avoidance of doubt, the Working Time Regulations, by-laws, codes of practice and legal requirements, to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all assignments, but excluding the matters specifically mentioned in Paragraph 5 above. The client will assist the Company in complying with the Company’s duties under the Working Time Regulations by supplying any relevant information about the assignment requested by the Company and the Client will not do anything to cause the Company 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 Company of this requirement before the commencement of that week.
b) The Client shall indemnify and keep indemnified the Company against any cost claims and liabilities incurred by the Company arising out of the engagement of the Temporary Worker by the Client.
c) The client will ensure that the task that each temporary is employed to do has been subject to risk assessment and that the working environment does not contravene any current Health and Safety legislation or any regulations concerning the employment of personnel, either temporary or permanent, in such environments in which the client operates.
d) Information provided in CVs is not guaranteed and the Client must satisfy itself accordingly. LAW The terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. VARIATIONS No variation can be made to these terms without the written consent of a Director of the Company.
PERMANENT STAFF
These Terms and Conditions of Business are between KAREN LEGGETT Recruitment Limited (hereinafter called the “COMPANY”) and the Employer Client (hereinafter called 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 or under an agency, licensee or franchise for partnership agreement arrangement) of an Candidate introduced by the Company, and are not restricted to a particular vacancy. Individuals presented by employees or associates of the Company shall be referred to as “CANDIDATES”. A Candidate is any individual who has applied to the Company expressing an interest in an employment opportunity, whether it be temporary, permanent or on a contract basis.
THE CONTRACT
The client agrees: –
a) to advise the Company in writing, via email, fax or verbally of its intention to employ the Candidate, including details of salary, hours and conditions of employment
b) to send the Company a copy of its written offer of employment to the candidate
c) To pay the fee of the Company within 30 days of the commencement of the engagement. The right to charge interest at 2% above Barclays Bank PLC annual base lending rate if payment is not received within 21 days of issue the account is reserved. Any legal or other costs incurred by The Company in connection with any proceedings or contemplation of such proceedings to recover any outstanding amounts will be payable by the Client. VAT is chargeable at the current rate on all our fees.
FEES AND GUARANTEES
The fee payable to the Company by the Client is agreed by the Company. The Client has a choice of a fee and guarantee structure provided by the ‘Fee Selector’. The fees payable to the Company by the Client will be approved by each party for each appointment individually and confirmed in writing by the Company, prior to commencement of employment. The fees/ guarantee options are illustrated on the Company’s ‘Fee Selector’ and are calculated as a % of gross remuneration, which the Candidate is calculated to earn during the first twelve months of his/her engagement with the Client. Positions providing a basic salary plus commission and /or bonuses, calculations will be based upon the commission/bonus being equivalent to £5,000 salary. In addition, for fee purposes, motor cars provided to staff introduced will be assessable as remunerative at the rate of £5,000 per annum. Free replacement or rebate guarantees are not available in cases of redundancy. Should a Client approach and subsequently engage an employee of the Company then a fixed fee of £9,000 will be payable immediately upon commencement. No free replacement or rebate guarantees are available in such cases
PAYMENT TERMS & OUTSTANDING DEBTS
For any free replacement or rebate guarantees to operate, clients must pay the Company within 30 days of the Candidate commencing employment. If payment is not made within 30 days, any free replacement or rebate guarantees will not apply. Please be advised that as a matter of policy, the Company does vigorously pursue all outstanding debts; via the courts as necessary.
INTRODUCTIONS
Introductions are confidential. An introduction fee will be charged in relation to any Candidate engaged as a consequence of or resulting from an introduction by or through the Company, even though the introduction may be made indirectly, within 12 months of the original introduction. Should the client engage the services of an individual introduced by the Company having not previously advised the Company that it has done so or intends to, a fixed fee of £9,000 + VAT will be payable immediately upon commencement. No free replacement or rebate guarantees are available. The passing on of an introduction to another employer which results in an engagement also renders the Client liable to payment to the Company of a fixed fee of £9,000 plus VAT.
TEMP TO PERM FEES
Temporary to permanent fees are calculated as per the Fee Selector less £5 for every day or part day worked by the temporary worker.
SUITABILITY
The Company endeavours to ensure the suitability of any Candidate introduced to the Client. However, the company does not ask for nor take up references or request proof of qualifications. The Client shall be solely responsible for satisfying itself as to the suitability of any Candidate and shall be absolutely responsible for the obtainment of any references required and be absolutely responsible for the corroboration of any cited qualifications before engaging any Candidate put forward for their consideration by the Company. The Company is not responsible for the provision of references or the corroboration of cited qualifications. The Client shall be additionally responsible for obtaining work and other permits and for the arrangement of medical examinations required by law.
LIABILITY
The Company shall not be liable under any circumstances for any loss, damage or any expense suffered or incurred by the Client arising from or in any way connected with the Company seeking a Candidate for the Client or the introduction by the Company to the client of any Candidate or the engagement of any Candidate by the Client. Information provided in CVs is not guaranteed. The Client must satisfy itself accordingly.
NOTIFICATION
Clients shall not contact a person’s present or past employers for reference purposes without having already received their written permission. LAW The terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts. VARIATIONS No variation can be made to these terms without the written consent of a Director of the Company.