Policies
CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION
OF PERMANENT STAFF/ FIXED TERM (TO BE DIRECTLY
EMPLOYED BY THE CLIENT)
1. DEFINITIONS
1.1. In these Terms of Business the following definitions
apply:
“Applicant” means the person introduced by the
Agency to the Client for an Engagement including
any officer or employee of the Applicant if the
Applicant is a limited company and members of the
Agency’s own staff;
“Client” means the person; firm or corporate body
together with any subsidiary or associated Company
as defined by the Companies Act 1985 to which the
Applicant is introduced;
“Agency” means Empowering Learning Limited of
Zetland House, 5 – 25 Scrutton Street, London EC2A
4HJ.
“Engagement” means the engagement, employment
or use of the Applicant by the Client or any third
party on a permanent or temporary basis, whether
under a contract of service or for services; under
an agency, licence, franchise or partnership agreement;
or any other engagement; directly or through a limited
company of which the Applicant is an officer or
employee
“Introduction” means (i) the Client’s interview
of an Applicant in person or by telephone, following
the Client’s instruction to the Agency to search
for an Applicant; or (ii) the passing to the Client
of a curriculum vitæ or information which identifies
the Applicant; and which leads to an Engagement
of that Applicant;
“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 Applicant for services
rendered to or on behalf of the Client.
1.2. Unless the context requires otherwise, references
to the singular include the plural.
1.3. The headings contained in these Terms of Business
are for convenience only and do not affect their
interpretation.
2. THE CONTRACT
2.1. These Terms constitute the contract between
the Agency and the Client and are deemed to be accepted
by the Client by virtue of an Introduction to, or
the Engagement of an Applicant or the passing of
any information about the Applicant 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 the Director of the Agency, these Terms of Business
prevail over any other terms of business or purchase
conditions put forward 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 Agency 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. NOTIFICATION AND FEES
3.1. The Client agrees:
a) To notify the Agency immediately of any offer
of an Engagement which it makes to the Applicant;
b) To notify the Agency immediately that its
offer of an Engagement to the Applicant has been
accepted and to provide details of the Remuneration
to the Agency; and
c) To pay the Agency’s fee within 14 days of
the date of invoice or with a September start,
in the first week of term.
3.2. The Agency reserves the right to charge interest
on invoiced amounts unpaid for more than 28 days
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. The fee payable to the Agency by the Client
for an Introduction resulting in an Engagement is
the amount equal to 15% of the Remuneration applicable
during the first 12 months of the Engagement. VAT
will be charged on the fee if applicable.
3.4. If the Client subsequently engages or re-engages
the Applicant within the period of 6 calendar months
from the date of termination of the Engagement or
withdrawal of the offer, a full fee calculated in
accordance with clause 3.4 above becomes payable.
4. REFUNDS
4.1. In order to qualify for the following refund,
the Client must pay the Agency’s fee within 14 days
of the date of invoice and must notify the Agency
in writing of the termination of the Engagement
within 7 days of its termination.
4.2. If the Engagement terminates from the commencement
of the Engagement (except where the Applicant is
made redundant) the fee will be refunded pro rata
in accordance with the accompanying Scale of Refund
set out in the schedule to these Terms of Business.
5. CANCELLATION FEE
5.1. If, after an offer of Engagement has been
made to the Applicant, the Client decides for any
reason to withdraw it, the Client shall be liable
to pay the Agency a minimum fee of 7.5% of the Remuneration
where the annual Remuneration is £20,001 or more.
6. INTRODUCTIONS
6.1. Introductions of Applicants are confidential.
The disclosure by the Client to a third party of
any details regarding an Applicant introduced by
the Agency which results in an Engagement with that
third party within 6 months of the Introduction
renders the Client liable to payment of the Agency’s
fee as set out in clause 3.3 with no entitlement
to any refund.
6.2. An introduction fee calculated in accordance
with clause 3.3 will be charged in relation to any
Applicant engaged as a consequence of or resulting
from an introduction by or through the Agency, whether
direct or indirect, within 6 months from the date
of the Agency’s Introduction.
6.3. Where the amount of the actual Remuneration
is not known the Agency will charge a fee calculated
in accordance with clause 3.3 on the minimum level
of remuneration applicable for the position in which
the Applicant has been engaged with regard to any
information supplied to the Agency by the Client
and/or comparable positions in the market generally
for such positions.
6.4. In the event that any employee of the Agency
with whom the Client has had personal dealings accepts
an Engagement with the Client within [3] months
of leaving the Agency’s employment, the Client shall
be liable to pay an introduction fee to the Agency
in accordance with clause 3.3.
7. SUITABILITY AND REFERENCES
7.1. The Agency endeavours to ensure the suitability
of any Applicant introduced to the Client by obtaining
confirmation of the Applicant’s identity; that the
Applicant has the experience, training, qualifications
and any authorisation which the Client considers
necessary or which may be required by law or by
any professional body; and that the Applicant is
willing to work to work in the position which the
Client seeks to fill.
7.2. At the same time as proposing an Applicant
to the Client the Agency shall inform the Client
of such matters in clause 7.1 as they have obtained
confirmation of. 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
Applicant is being proposed for a position which
is the same as one in which the Applicant has worked
within the previous five business days and such
information has already been given to the Client.
7.3. The Agency endeavours to take all such steps
as are reasonably practicable to ensure that the
Client and Applicant are aware of any requirements
imposed by law or any professional body to enable
the Applicant to work in the position which the
Client seeks to fill.
7.4. The Agency endeavours to take all such steps
as are reasonably practicable to ensure that it
would not be detrimental to the interests of either
the Client or the Applicant for the Applicant to
work in the position which the Client seeks to fill.
7.5. Notwithstanding clauses 7.1, 7.2, 7.3 and 7.4
above the Client shall satisfy itself as to the
suitability of the Applicant and the Client shall
take up any references provided by the Applicant
to it or the Agency before engaging such Applicant.
The Client is responsible for obtaining work permits
and/or such other permission to work as may be required,
for the arrangement of medical examinations and/or
investigations into the medical history of any Applicant,
and satisfying any medical and other requirements,
qualifications or permission required by law of
the country in which the Applicant is engaged to
work.
7.6. To enable the Agency to comply with its obligations
under clauses 7.1, 7.2, 7.3 and 7.4 above the Client
undertakes to provide to the Agency details of the
position which the Client seeks to fill, including
the type of work that the Applicant would be required
to do; the location and hours of work; the experience,
training, qualifications and any authorisation which
the Client considers necessary or which are required
by law or any professional body for the Applicant
to possess in order to work in the position; and
any risks to health or safety known to the Client
and what steps the Client has taken to prevent or
control such risks. In addition the Client shall
provide details of the date the Client requires
the Applicant to commence, the duration or likely
duration of the work; the minimum rate of remuneration,
expenses and any other benefits that would be offered;
the intervals of payment of remuneration and the
length of notice that the Applicant would be entitled
to give and receive to terminate the employment
with the Client.
8. SPECIAL SITUATIONS
8.1. Where the Applicant is required by law, or
any professional body to have any qualifications
or authorisations to work in the position which
the Client seeks to fill; or the work 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 Agency will take all reasonably practicable
steps to obtain and offer to provide copies of any
relevant qualifications or authorisations of the
Applicant, two references from persons not related
to the Applicant 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 Applicant is suitable for the position.
If the Agency 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.
9. LIABILITY
9.1. The Agency shall not be liable under any circumstances
for any loss, expense, damage, delay, costs or compensation
(whether direct, indirect or consequential) which
may be suffered or incurred by the Client arising
from or in any way connected with the Agency seeking
an Applicant for the Client or from the Introduction
to or Engagement of any Applicant by the Client
or from the failure of the Agency to introduce any
Applicant. For the avoidance of doubt, the Agency
does not exclude liability for death or personal
injury arising from its own negligence.
10. LAW
10.1. These Terms are governed by the law of England
& Wales and are subject to the exclusive jurisdiction
of the Courts of England & Wales.
CONTRACT WITH THE CLIENT FOR SUPPLYING TEMPORARY
STAFF
For use when supplying Temporary Workers paid by
Empowering Learning subject to deductions for PAYE
and NI contributions
1. DEFINITIONS
1.1. In these Terms of Business the following definitions
apply:
“Assignment” means the period during which the
Temporary Worker is supplied by the Employment Business
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 Empowering Learning
Limited of Zetland House, 5 – 25 Scrutton Street,
London EC2A 4HJ.
“Engages/Engaged/Engagement” means the engagement,
employment or use of the Temporary Worker directly
by the Client or any third party or through 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 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 Lynne Hannigan the Employment Business, these
Terms prevail over any terms of business or purchase
conditions put forward 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 daily charges*
of the Employment Business as shall be notified
to and agreed with the Client. The daily charges
are calculated according to the number of days worked
by the Temporary Worker and comprise mainly the
Temporary Worker’s daily rate but also include the
Employment Business’ commission calculated as a
percentage of the Temporary Worker’s daily rate,
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 28 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 * Rebates are 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 be entitled to decline
to sign a timesheet 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 paying 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
of the Income Tax (Earnings and Pensions) Act 2003.
7. TRANSFER AND INTRODUCTION FEES
7.1 Transfer fees where a worker has been supplied
7.1.1 In the event of the Engagement by the Client
of a Temporary Worker supplied by the Employment
Business for an Assignment either (1) directly
or (2) pursuant to being supplied by another employment
business, during the Assignment or within whichever
is the longer of either:
- 14 weeks from the start of the first Assignment
(each new Assignment where there has been a break
of more than 42 days (6 weeks) since the end of
a previous Assignment shall also be considered
to be the ‘first Assignment’ for these purposes);
or
- 8 weeks from the day after the last day the
Temporary Worker worked on the Assignment.
The Client shall be liable, subject to electing
upon giving [5] days notice, to
a) A Transfer Fee calculated as follows:15% of
the Remuneration applicable during the first 12
months of the Engagement, less any rebate applicable
calculated in accordance with the accompanying
schedule of Transfer Fee rebates. A pro rata refund
of the Transfer Fee will be paid in the event
that the Engagement subsequently terminates. VAT
is payable in addition to any fee due.
7.2 Introduction Fees where a worker is introduced
but not supplied
7.2.1 In the event that there is an Introduction
of a Temporary Worker to the Client which does
not result in the supply of that Temporary Worker
by the Employment Business to the Client, but
which leads to an Engagement of the Temporary
Worker by the Client either directly or pursuant
to being supplied by another employment business
within [6 months] from the date of Introduction
the Client shall be liable, subject to electing
upon giving 5]days notice, to
a) An Introduction Fee calculated as follows:
15% of the Remuneration applicable during the
first 12 months of the Engagement. No refund of
the Introduction Fee will be paid in the event
that the Engagement subsequently terminates. VAT
is payable in addition to any fee due.
Where the client does not give such notice before
the Temporary Worker is engaged the parties agree
that the Transfer Fee shall be due.
7.3 In the event that the Engagement of the Temporary
Worker is for a fixed term of less than 12 months,
the fee in clause 7.1.1(b) or 7.2.1(b), calculated
as a percentage of the Remuneration, will apply
pro-rata. If the Engagement is extended beyond the
initial fixed term or if the Client re-engages the
Temporary Worker within 3 months of the termination
of the first Engagement the Client shall be liable
to pay a further fee based on the additional Remuneration
applicable for the period of Engagement following
the initial fixed term up to the termination of
the second Engagement or the first anniversary of
its commencement, whichever is sooner.
7.4 Transfer Fees where there has been an Introduction
to and Engagement by a Third Party
7.4.1 In the event that a Temporary Worker supplied
to a Client is introduced by the Client to a third
party which results in the Engagement of the Temporary
Worker by the third party during the Assignment
or within whichever is the longer of either
- 14 weeks from the start of the first Assignment
(each new assignment where there has been a break
of more than 42 days (6 weeks) since the end of
the previous Assignment shall also be considered
to be the ‘first Assignment’ for these purposes);
or
- 8 weeks from the day after the last day the
Temporary Worker worked on the Assignment
The Client shall be liable to pay a Transfer Fee
calculated in accordance with clause 7.1.1 (b)
7.5 Introduction Fees where there has been an Introduction
but no Supply resulting in an Engagement by a Third
Party
7.5.1 In the event that there is an Introduction
of a Temporary Worker to the Client which does
not result in the supply of that Temporary Worker
by the Employment Business to the Client, but
the Temporary Worker is introduced by the Client
to a third party which results in the Engagement
of the Temporary Worker by the third party within
[6 months] from the date of Introduction the Client
shall be liable, to an Introduction Fee calculated
in accordance with clause 7.2.1 (b)
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 supplied by the Employment
Business are engaged 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 Regulations, Health and Safety At Work Act
etc, by-laws, 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 undertakes not to request the supply
of a Temporary Worker to perform the duties normally
performed by a worker who is taking part in official
industrial action or duties normally performed someone
who has been transferred by the Client to perform
the duties of the person on strike or taking official
industrial action.
8.6 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, 8.3 and 8.5
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
24 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
be entitled to terminate the Assignment forthwith
by notice in writing without prior notice and without
liability.
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.
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