These Terms and Conditions are between the “EMPLOYMENT BUSINESS” and the “CLIENT”.
1. Definitions (i) In these Terms of Business the following definitions apply: “Agency Workers Regulations” means the Agency Workers Regulations 2010 and the Conduct of Employment Agencies and Employment Business Regulations 2003. “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 company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied. “The Employment Business” means either Pearl Site Services Recruitment Agency Ltd or its designated franchisee together with any subsidiaries or associates. “Engagement” means any employment, use of the Temporary Worker, or the making available of an opportunity or opportunities to the Temporary Worker to gain experience, on permanent or temporary basis whether under a contract of service or otherwise. “Temporary Worker” means an individual whose services and/or attendance are supplied/arranged by the Employment Business to the Client whether offered by the employment business worker as or described requested in by the the Agency Client Workers or otherwise Regulations. and shall include an agency “Introduction” means an interview by the Client of a Temporary Worker in person or by telephone following an application or request from the Client to the Employment Business to search for a Temporary Worker or the passing to a Client of a curriculum vitae or other information which identifies the Temporary Worker Client or and the which making leads available to an engagement by the Client of to that the Temporary Temporary Worker Worker by of the an opportunity to gain training and/or experience and which leads to an engagement of that Temporary Worker by the Client. ( ii) Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa. ( iii) The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. The Contract (i) These Terms govern 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 Engagement of the Temporary Worker. ( ii) Unless otherwise agreed in writing by the Director/Proprietor of the Employment Business these Terms of Business shall prevail over any other business or purchase conditions put forward by the Client. ( iii) No Director/Proprietor variation or alteration of the Employment o f these Terms Business.
3. Charges (i) The Client agrees to pay the hourly charges of the Employment Business notified at the commencement of the Assignment and as may be varied from time to time during the Assignment. The charges are calculated according to the number of hours Worked by the Temporary Worker (to the nearest quarter hour). The charges are comprised mainly of the Temporary Worker’s remuneration but also include the Employment Business’ commission, employers national insurance contributions WTR, SSP and any other statutory payments which are payable 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. For the avoidance of doubt the agreed rate chargeable to the client takes into account the statutory deductions payable to the Temporary Worker. VAT is payable on the entirety of these charges. The minimum period of hire is 8 hours. ( ii) The client shall pay the charges within 14 days of the date of the Employment Business’s invoices. without set off against any costs or charges of the client (unless agreed in writing). The Employment Business reserves the right to charge in lieu of consequential damages for late payment 15% of any outstanding balance of any invoice if the Client does not pay the Employment Business the invoice amount within 14 days together with interest court fees and legal costs in the event that the Employment Business considers it appropriate to issue proceedings for the collection thereof. ( iii) By the Client signing a manual paper timesheet or submitting an electronic timesheet using ORBIT, the electronic timesheet system administered by the Employment Business, is accepted to be conclusive evidence that the Client accepts that the Temporary Worker has undertaken the hours set out on that timesheet. ( iv) Once the temporary worker attends the premises of the client no refund of charges will be offered but this is subject to clause 10 below.
4. Client Obligations (i) To enable the Employment Business to comply with its obligations the Client undertakes to provide to the Employment Business details of the position which the Client seeks to fill (ii) 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 of its obligations Business under those and the Regulations Client will not do anything to cause the Employment Business to be in breach ( iii) To enable the Employment Business to comply with its obligations under the Agency Workers Regulations, the Client undertakes as soon as possible and at any time at the Employment Business’ request to ( a) inform the Employment Business of any period since the relevant date in which the relevant Temporary Worker has worked in the same or a similar role with the Client via any third party prior to the date of commencement of the relevant Assignment and/or during the relevant Assignment and to provide the Employment Business with all the details of where, when and the period(s) during which such work was undertaken and any other details requested by the Employment Business; ( b) provide the Employment Business with written details of the basic working and employment conditions the Temporary Worker would be entitled to for doing the same job if the Temporary Worker had been recruited directly by the Client as an employee or worker at the time the Qualifying Period commenced or with those of a Comparable Employee, such basic working and employment conditions being the Relevant Terms and Conditions; ( c) comply with all the Employment Business’ requests for information and any other requirements to enable the Employment Business to comply with the Agency Workers Regulations. ( d) Inform the Employment Business of any oral or written complaint the Temporary Worker makes to the Client which is or may be a complaint connected with rights under the Agency Workers Regulations and any from written the Temporary request for Worker information and as relating soon as to possible the Relevant but no Terms later and than Conditions 7 calendar that days the from Client the receives day on which any such oral complaint is made to or written complaint or request is received by the Client and the Client will take such action and give such information and assistance as the Employment Business may request, and within any timeframe requested by the Employment Business, in order to resolve any such complaint or to provide any such information in a written statement to the Temporary Worker within 28 days of the Client’s receipt of such a request in accordance with Regulation 16 of the Agency Workers Regulations and the Client will provide the Employment Business with a copy of any such written statement. ( iv) For the purposes of this clause the relevant date shall be 14 weeks prior to the date of the Assignment.
5. Information To Be Provided By The Employment Business To The Client (i) When Introducing a Temporary Worker to the Client the Employment Business shall inform the Client of the identity of the Temporary Worker, confirm 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 and confirm that the Temporary Worker is willing to work in the Assignment and the relevant charges for the assignment.In the event that the Temporary worker is engaged through his own limited company we will notify you and the Conduct Regulations shall not apply.
6. Time Sheets (i) At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of less than one week), the Client shall sign the Employment Business’ Time Sheet verifying the number of hours worked by the Temporary Worker during that week.`(ii) Signature of the Time Sheet by the Client indicates satisfaction with the services provided by the Temporary Worker and confirmation of the number of hours worked. Failure to sign the Time Sheet does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
7. Remuneration (i) The Employment Business assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (P.A.Y.E.), applicable to the Temporary Worker as required by law.
8. Introduction Fees (i) For the purposes of this clause the Relevant Period shall mean (a) the period of 8 weeks commencing on the day after the last day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business or 14 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment. ( ii) The Employment Business shall be entitled to charge the client a fee in the event of the direct Engagement by a Client of a Temporary Worker introduced by the Employment Business or the introduction of a Temporary Worker to any third party resulting in an Engagement, (or where applicable, if the Temporary Worker has become incorporated under a limited company, the engagement, of that limited company) provided that the engagement takes place, during an assignment or within the Relevant Period, or if there was no Assignment, within six months of the introduction of the Temporary Worker by the Employment Business ( iii) Such introduction fee shall be calculated at 15% of the annual gross taxable remuneration and emoluments payable to the Temporary Worker, Where the Client fails to inform the Employment Business of the annual remuneration, the introduction fee will be calculated as a multiple of 250 times the hourly charge at which the Temporary Worker was last supplied to the Client by the Employment Business. ( iv) Where to the Employment t he temporary Business worker is elect engaged to subsequently b y the client, undertake instead of an t he additional introduction assignment fee the Client for a continuous m ay by notice hire period of 13 weeks or such period as may be agreed between the parties during which the Temporary Worker will be supplied to the Client and at the termination thereof the Client will have the option without further fee to engage the Temporary worker directly ( v) No refund of the introduction fee will be made by the Employment Business to the Client in the event of the subsequent termination of such engagement.
9. Liability (i) 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 loss, expense, with damage the Client’s or delay booking arising detail, from no any liability failure will to be any accepted particular by Temporary the Employment Worker Business for all or for part any 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. (ii) Temporary Workers may be engaged by the Employment Business under contracts for services, as employees or control as sub of contractors the Client from of their the own time right. they They report are to take however up duties deemed and to for be the under duration the supervision, of the Assignment. direction The and Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether willful, 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, bye-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 Employers and Public Liability Insurance cover for the Temporary Worker during all Assignments. The Client shall also advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker. 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 or may require Business services to of be a Temporary in breach of Worker its obligations for more under than these 48 hours Regulations. in any week Where , the the Client Client must requires notify the Employment Business of this requirement before the commencement of that week. For the purposes of the Finance Act 2017 notwithstanding the deeming provisions in this clause you must notify us whether the Temporary Worker is under your supervision direction and control. ( iii) The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities of these Terms incurred by by the the Client. Employment Business arising out of any Assignment and /or as a result of any breach ( iv) In the event that any employee of the client or any of the clients preceding contractors is deemed or treated to be transferred to the Employment Business, the client shall indemnify and keep indemnified the Employment Business against each and every claim, liability, costs, expenses (including all legal expenses and demands) which relate to or arise out of any claim in respect of any such employee person or any recognised including but Trade not limited Union to or any any claim other arising party treated out of as the an employment employee transferring (on its termination) to the Employment of any such employee Business either before or after the Employment Business commences provision of services for a reason connected with the transfer or anything treated as being a transfer of a relevant undertaking for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981. ( v) The Client undertakes to inform the Employment Business of any changes to bookings/Assignments before they are enforced. ( vi) No liability or responsibility in respect to these terms and conditions shall be accepted on behalf of Pearl Site Services Recruitment Agency Ltd in the event that the Employment Business is a franchisee or other business holding itself as Pearl Site Services Recruitment Agency Ltd or Pearl Site Services.
10. Termination (i) 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 for the Temporary time worked Worker. by the The Temporary Employment Worker, Business provided may that in such the Assignment circumstances terminates; reduce or cancel the charges ( a) within four hours of the Temporary Worker commencing the Assignment where the booking is for more than eight hours; or ( b) within two hours for bookings of eight 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. ( ii) Any of the Client, Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
11. THE FOLLOWING ADDITIONAL TERMS RELATE TO THE SUPPLY OF TEMPORARY WORKERS AS DRIVERS OF ‘O’ LICENSED VEHICLES (HEREINAFTER CALLED – “THE DRIVERS”) (i) Drivers are supplied by the Employment Business on the sole understanding that the Client holds an operator’s license under the Transport Act 1968, where required. ( ii) For the avoidance of doubt, and pursuant to the provisions of the Goods Vehicles (Licensing of Operators) Act 1995, upon the Employment Business providing the Client with a Driver, that Driver shall become the servant of the Client and shall be deemed to be using the Client’s vehicles pursuant to the Client’s Operator’s Licence. ( iii) As far as possible, the Employment Business will check references of Drivers, and will examine driving licences and permits; notwithstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, Driver’s hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road Traffic and liability insurance’s including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents. ( iv) The Client shall on request permit the Employment Business to inspect its operator’s license and policies of insurance for the vehicles to be driven by the Driver. ( v) To assist Clients in complying with the relevant provisions of the Transport Act, the Employment Business agrees about any to provide driving the assignments Client upon carried request out with by such the information driver in the as is seven available days to immediately the Employment preceding Business the commencement of an assignment with the Client, provided the driver shall have worked for a Client of the Employment Business during those seven days.
12. Law These Terms are governed by the laws of England and Wales and any dispute concerning it shall be governed by the laws of England and Wales and any dispute concerning it or its interpretation shall be adjudicated in that jurisdiction.