Terms of Use

TERMS OF BUSINESS FOR THE INTRODUCTION AND SUPPLY OF TEMPORARY WORKERS (PAYE)

 

1.            DEFINITIONS

 

    1. In these Terms of Business (“Terms”) the following definitions apply:

                                                                   

"Temporary Worker"

or “TW”                                means the person or persons introduced by the Employment Business to render services to the Client;

 

"Assignment"                      means the period during which the TW 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 2006 to whom the TW is supplied or introduced;

 

“Data Protection

Legislation”                          means the Data Protection Act  2018, the General Data Protection Regulation (2016/679), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy and also including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction;

 

“Employment

Business” or “EB”                means RF Recruitment Consultancy LTD of 2ND FLOOR BOLLIN HOUSE BOLLIN LINK, WILMSLOW, SK9 1DP ENGLAND acting as an employment business;

 

"Engagement”                     means any engagement, employment or use of the TW in any capacity by the Client on a permanent or temporary basis, whether direct or otherwise;

 

"Introduction"                    means (i) the Client’s interview of a TW in person or by telephone, following its instruction to the EB to search for a TW; or (ii) the EB passing to the Client a curriculum vitae or other information which identifies the TW; and which leads to an Engagement of that TW;

 

"Introduction Fee"              means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

 

 

“Public or Bank Holidays"  means Christmas Day or Good Friday or a day which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 in that part of Great Britain;

 

"Relevant Period"               means during an Assignment or the later of either 14 weeks from the first day* on which the TW is supplied by the EB to work for the Client, or 8 weeks from the day after the TW is last supplied by the EB to the Client;

                                             (*the first day of the first occasion of supply or the first day of any subsequent Assignment if more than 42 days since the end of the previous Assignment.)

 

"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 other taxable (and where applicable, non-taxable) emoluments payable to or receivable by the TW for services rendered to or on behalf of the Client or any third party (including in relation to any employer pension contributions made to the TW by the EB by virtue of Part 1 of the Pensions Act 2008).

 

"Transfer Fee"                     means the fee payable in accordance with clause 7 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

 

“AWR”                                  means the Agency Workers’ Regulations 2010.

 

1.2          Unless the context requires otherwise, references to the singular include the plural and vice versa.

 

1.3          The headings 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 RF Recruitment Consultancy LTD and the Client for the supply of TW services by RF Recruitment Consultancy LTD to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with, or Engagement of, a TW or the passing of any information about a TW to any third party following an Introduction.

 

2.2          These Terms contain the entire agreement between RF Recruitment Consultancy LTD and the Client and unless otherwise agreed in writing by one of the EB’s directors, these Terms prevail over any terms of business or purchase conditions put forward by the Client.

 

    1. No variation or alteration of these Terms will be valid unless details of such variation are agreed between RF Recruitment Consultancy LTD and the Client and are set out in writing and a copy of the varied terms given to the Client stating the date on or after which such varied terms will apply.

 

    1. The Client agrees that it will not request RF Recruitment Consultancy LTD to supply a TW in a way which could cause the EB to breach Regulation 9 of the AWR.

 

3.            CHARGES

 

3.1          The Client agrees to pay RF Recruitment Consultancy LTD the hourly charges as advised and notified to the Client on booking the TW.  The charge will be confirmed to the client in an assignment letter upon commencement of the assignment. Charges are calculated according to the number of hours worked by a TW (to the nearest quarter hour). Charges comprise mainly Remuneration but also include, without limitation, the EB’s commission, employer National Insurance contributions and statutory holiday pay calculated as a percentage of Remuneration.  Other reasonable expenses as may be agreed will be itemised on the EB’s invoice in addition to hourly charges. VAT is payable on the entirety of these charges and on any fees payable under these Terms.

 

3.2          Charges are invoiced weekly and are payable within 7 days of receipt of the EB’s invoice. The Client accepts the EB’s reserved statutory right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (together with any and all additions and/or amendments thereto) and the Late Payment of Commercial Debts Regulations 2002 (together with any and all additions and/or amendments thereto) if the EB is not paid according to its agreed credit terms.  Payment must be made without deduction or set off.

 

3.3         There are no rebates payable in respect of the EB charges.

 

  1. INFORMATION TO BE PROVIDED

 

    1.        The Client will advise RF Recruitment Consultancy LTD of any special health and safety matters about which RF Recruitment Consultancy LTD is required to inform TWs and about any requirements imposed by law or by any professional body or that the Client considers is necessary, which must be satisfied by the TWs accepting the Assignment (including for example any experience, training, qualifications and authorisations required).  The Client will assist the EB in complying with its duties under (without limitation) the Working Time Regulations 1998 and the AWR by supplying any relevant information about the Assignment requested by it and the Client will not do anything to cause RF Recruitment Consultancy LTD to be in breach of its obligations under these regulations.  Where the Client requires or may require the services of a TW for more than 48 hours in any week, it must notify the RF Recruitment Consultancy LTD of this requirement before the commencement of that week. For the avoidance of doubt, a normal working week will commence on Monday.

 

    1.        In respect of each Assignment the Client will give RF Recruitment Consultancy LTD the full details of the following and hereby warrants that the said information is true and accurate in all material respects:

 

4.2.1      any and all information which the EB requires to enable the EB to discharge its obligations to the TW under the AWR including (but without limitation):-

 

4.2.1.1   whether or not the TW to be supplied by the EB has ever worked for the Client or for any connected hirer of the Client (as defined in Regulation 9 of the AWR) and, if so, details of when and in what role;

 

        1. details of any and all comparable employees of the Client’s (as defined in Regulation 5 of the AWR) including their basic working and employment conditions and any and all other information which is necessary in order for the EB to comply with  the AWR;

 

 

        1. details of any and all collective facilities and amenities to which the TW to be supplied should have access pursuant to Regulation 12 of the AWR; and

 

        1. notification of any and all requests made to the Client by a TW pursuant to Regulation 16 of the AWR and the Client agrees to provide copies of the same to the EB.

 

    1. The client agrees that RF Recruitment Consultancy LTD shall not be liable for any breaches of the Agency Workers Regulations which arise as a result of receiving incorrect information from a Temporary Worker, the Client or any third party.

 

    1. The Client confirms that it knows of no reason why it would be detrimental to the interests of the TW to fill the Assignment.

 

    1. The Client confirms that the TW will not undertake any duties normally performed by a worker who is taking part in official strike action or by any other worker assigned to replace the worker taking such action.

 

    1. When making a request of the provision of a Temporary Worker the client will give RF Recruitment Consultancy LTD full details of the intended duties of the TW and any special skills, experience, training, qualifications, or any professional body requires the TW to possess to perform the assignment. The client will notify RF Recruitment Consultancy LTD the date the TW is required to commence the Assignment and the likely duration and location of the assignment. The client will notify RF Recruitment Consultancy LTD of any actual or potential risks to health and safety which the TW may face in the assignment and the steps taken by the Client to prevent or control such risks. Together this is known as the “Assignment Details.”

 

    1. The client shall not allow any TW to undertake any work other than which is set out in the Assignment Details. The Client shall not allow the TW to undertake special skills, experience, or authorization, unless such requirements were specified in the Assignment Details.

 

    1. Where, as part of the assignment, the TW is expected to carry out activities which would be beyond office-based work, including but not limited to manual work (including the moving or lifting of heavy items) driving for Assignment-related purposes, transporting materials and goods, the client will instruct RF Recruitment Consultancy LTD of the specific requirements. The Client also acknowledges that it shall be the Client’s responsibility to ensure adequate training and health and safety measure are provided to the Temporary Worker whilst on assignment.

 

    1. When making an Introduction of a TW to the Client, RF Recruitment Consultancy LTD will inform the Client of the TW’s identity, that they have the necessary or required experience, training, qualifications and any authorisation required by law or any professional body or the Client to work in the Assignment; whether they will be engaged under a contract of service or apprenticeship or a contract for services; and that they are willing to work in the Assignment. During an Assignment RF Recruitment Consultancy LTD will notify the Client immediately if it receives or otherwise obtains information which indicates that a TW supplied to the Client may be unsuitable for an Assignment; RF Recruitment Consultancy LTD will make further enquiries as are reasonably practicable and inform the Client of the outcome of those enquiries.

 

 

5.            TIME SHEETS

 

5.1          At the end of each week of an Assignment the Client will sign the TW’s time sheet verifying the number of hours worked by the TW during that week.

 

    1. 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 because it disputes the hours claimed, it will inform RF Recruitment Consultancy LTD within 5 days and co-operate with the EB to establish what hours, if any, were worked.  Failure to sign the time sheet does not absolve the Client’s obligation to pay charges in respect of the hours worked.

 

5.3          The Client is not entitled to decline to sign a time sheet on the basis that it is dissatisfied with     the work performed by a TW. In cases of unsuitable work the Client should apply the provisions of clause 10.1 below. If the client does not authorise the timesheet within 5 working days of completion by the TW, the client will be deemed to have authoirsed and accepted the Charge unless the Client shall have otherwise notified RF Recruitment Consultancy LTD in writing within such time period

 

6.            PAYMENT OF TEMPORARY WORKERS

 

6.1          RF Recruitment Consultancy LTD assumes responsibility for paying TWs and, where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the TW’s pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.  For the avoidance of doubt, the EB also assumes responsibility for the payment of paid leave required under the Working Time Regulations 1998.  

 

7.            TRANSFER AND INTRODUCTION FEES

 

    1. In the event of an Engagement (or Introduction) of a TW supplied by the RF Recruitment Consultancy LTD either (1) directly by the Client or (2) by the Client pursuant to being supplied by another employment business, within the Relevant Period, the Client will become liable to pay a Transfer Fee (or Introduction Fee) calculated as a percentage of Remuneration at the commencement of the Engagement in accordance with the EB accompanying table of fees unless the Client elects to give the EB 5  days’ notice to take an extended period of hire (or period of hire) of the TW of 52 weeks during which the EB will be entitled to charge the fees as set out in clause 3 above for each hour the TW is so employed or supplied.

 

File Search (Introduction Fee)

Gross Remuneration to £39,999

Gross Remuneration from £40,000 to £79,999

Gross Remuneration from £80,000 upwards

Fee

20.00%

25.00%

30.00%

 

    1. This introduction fee is expressed and calculated as a percentage of the TW’s gross remuneration. Notwithstanding the above minimum fee in respect of each placement will be £3,000.00.  If the gross remuneration to the TW is not disclosed to the EB then the introduction fee shall be deemed to be the hourly rate payable to the TW annualized by reference to a 37.5 hour working week (Rate x37.5 hours x 52 weeks.) No refund is available.

 

    1.  If a TW is introduced by the Client to a third party which results in the Engagement of a TW by the third party within the Relevant Period the Client will be liable to pay a Transfer Fee (or Introduction Fee) as detailed in clause 7.1 and 7.2 above.
    2. An introduction of a TW to the Client which does not result in the supply of that TW by RF Recruitment Consultancy LTD to the client, but results in an Engagement of the TW by the client either directly or through another employment business within 12 months from the date of the last introduction will entitle the EB to an extended hire period in accordance with 7.1 and 7.2 above.

 

    1. If the TW is engaged on a Fixed Term Contract, the Fixed Term Contract Fees applicable are detailed in the table of fees above. Further Fixed Term Contract Fees will become payable, in accordance with the table above, should any contract duration be extended, or the Client may opt to pay an Introduction Fee as per the conditions 7.1 and 7.2 above.

 

    1. The Fixed Term Contract Fee due will be the equivalent to “x”/12ths of the Gross Remuneration multiplied by the Fee percentage (where “x” denotes the duration of the contract in months) In the event that the TW does not complete the period of the contract no refund is payable. Notwithstanding the above the minimum Fixed Term Contract Fee in respect of each Fixed Term Contract assignment will be £2,500.00. If during a contract assignment or following the completion of a contract assignment the Client wishes to Engage the TW on a permanent basis, the client shall pay RF Recruitment Consultancy LTD an Introduction Fee as per condition 7.1 and 7.2 less the portion of the Fixed Term Contract Fee which related to the period, if any, of the Fixed Term Contract not completed by the TW. No refund of the Introduction Fee is applicable whether or not the Engagement continues.

 

8.            LIABILITY

 

8.1          Whilst RF Recruitment Consultancy LTD makes every effort to give satisfaction by ensuring reasonable standards of skills, integrity and reliability from TWs and further to provide them in accordance with booking details, it is not liable for any loss, expense, damage or delay arising from any failure to provide any TW for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the TW.  For the avoidance of doubt, the EB does not exclude liability for death or personal injury arising from its own negligence.

 

8.2          The TWs that RF Recruitment Consultancy LTD supplies are engaged by the EB under contracts for services.  They are not RF Recruitment Consultancy LTD employees, and are deemed to be under the Client’s supervision, direction and control 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 TWs whether willful, negligent or otherwise as if the TWs were on its own payroll. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations 1998, the AWR, Health and Safety At Work Act etc, bye-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its 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 TWs during all Assignments.

 

    1. The client acknowledges that it is responsible for providing the TW with a safe working environment during the Assignment. To comply with health and safety legislation., the Client will carry out risk assessments and provide such comprehensible information to a TW as may be required to ensure that a TW is made aware of particular risks arising out of their engagement.

 

 

 

    1. The Client will indemnify RF Recruitment Consultancy LTD and keep it indemnified against any costs, claims and liabilities incurred by the EB arising out of any Assignment or arising out of non-compliance with clauses 8.2 and/or as a result of any breach of these Terms by the Client.

 

 

  1. TERMINATION

 

9.1          The Client undertakes to supervise the TW sufficiently to ensure its satisfaction with the TW's standards of workmanship. If the Client reasonably considers that the services of the TW are unsatisfactory, it may terminate the Assignment either by instructing the TW to leave the Assignment immediately, or by directing RF Recruitment Consultancy LTD to remove the TW.  In such circumstances the EB may reduce or cancel the charge for the time worked by that TW, provided that the Assignment terminates within 7 hours from the commencement and the Client tells the EB within 7 hours from the commencement of the assignment.

 

    1. The TW or the Client or RF Recruitment Consultancy LTD may terminate an Assignment at any time without prior notice and without liability.

 

    1. The Client will notify RF Recruitment Consultancy LTD immediately and without delay and in any event within 24 hours if the TW fails to attend work or notifies the Client that they are unable to attend work for any reason.

 

9.4          RF Recruitment Consultancy LTD will notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe the TW supplied to the Client is unsuitable for Assignment and will terminate the Assignment under the provisions of clause 10.2.

 

  1. DATA PROTECTION

               

10.1        The parties shall comply with the provisions of Data Protection Legislation that are in force and the client shall provide RF Recruitment Consultancy LTD with such reasonable and timely assistance as required in relation to any exercise of a data subject’s rights. The parties shall be data controllers (as defined in the Data Protection Legislation) in common and each party shall be responsible for their own compliance with the Data Protection Legislation. If RF Recruitment Consultancy LTD shares any personal data with the client about the TW, or otherwise, that personal data will only be used for the purposes of this agreement or the recruitment.

 

10.2        The client shall indemnify RF Recruitment Consultancy LTD on demand against any and all losses, liabilities, claims, proceedings, settlements, damages, costs, regulatory fines and expenses arising out of or in connection with any breach by the Client of its obligations under this condition 11 or under the Data Protection Laws.

 

 

 

11.         LAW

 

11.1        These Terms are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

 

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