Miles Recruitment Agency Melksham
Terms of Business for the supply of Temporary Workers
New Model Terms incorporating key changes of the 'Conduct of Employment Agencies and Businesses Regulations' 2003
Miles Recruitment Ltd is acting as agent for VAT purposes and VAT is payable on Miles Recruitment Ltd's commission /margin in accordance with HMRC Business Brief 10/04 .
MODEL TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF SERVICES
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 Applicant is introduced;
"The Employment Business" means Miles Recruitment of 3 High St, Melksham, Wiltshire , SN12 6JR
"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 whose services are supplied by the Employment Business to the Client.
"Transfer Fee" means the fee payable in accordance with clause 7.1(b) below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Relevant Period" means the later of either 14 weeks from the first day on which the Temporary Worker was supplied by the Employment Business to work for the Client, or 8 weeks from the day after the Temporary Worker was last supplied by the Employment Business to the Client.
"Introduction Fee" means the fee payable in accordance with clause 7.2(b) below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
"Introduction" means: the Client's interview of a Temporary Worker in person or by telephone, following the Client's instruction to the Company to search for a Temporary Worker; or the passing to the Client of a curriculum vitae or other information which identifies the Temporary Worker and which leads to an Engagement of that Temporary Worker by the Client.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and vice versa.
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 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 or Engagement of the Temporary Worker.
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 put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless approved by the Employment Business and the client 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 the 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). The charges are comprised mainly of the Temporary Worker's remuneration but also include the Employment Business' commission, employer's national insurance contributions holiday pay and any travel, hotel or other expenses as may have been agreed with the Client or, if there is not such agreement, such expenses as are reasonable.
3.2 The charges are invoiced to the Client on a weekly basis and are payable within 30 days. The Company reserves the right to charge interest on any overdue amounts at the rate of 3% per annum above the base rate from time to time of National Westminster Bank 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 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.
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 or is completed before the end of a week) 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 indicates satisfaction with the services provided by the Temporary Worker and 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 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. REMUNERATION
6.1 The Employment Business assumes responsibility for payment of the Temporary Worker's remuneration and where appropriate, for the deduction and payment of National Insurance Contribution 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 Where there has been a supply
7.1.1 In the event of the engagement by the client of a Temporary Worker supplied by the Employment Business either (1) directly or (2) pursuant to being supplied by another employment business, within either
- The duration of the assignment; or
- 14 weeks from the start of the first Assignment (the first assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment); or
- 8 weeks from the day after the last day the Temporary Worker worked on the Assignment
The client shall be liable, to either an extended period of hire or a Transfer Fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.1.2 The Client must give the Employment Business 7 days' written notice in advance of the Engagement of the Temporary Worker whether it has elected to take the period of extended hire or to pay the Transfer Fee.
7.1.3 If the Client does not give such notice before the Temporary Worker is engaged the parties agree that the Transfer Fee shall be due. If the parties do not agree a period of extended hire or a Transfer Fee in accordance with 7.1.1 then
- The length of the extended period of hire shall be calculated in proportion to the number of weeks the Temporary Worker has been supplied to the Client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to clause 3.1 above for each hour the Temporary Worker is so employed or supplied; or
- The amount of the Transfer Fee calculated as follows: 12% 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, or if the actual amount of remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 200 less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates. No 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 Where there has been an introduction but no supply
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 by the Client of the Temporary Worker by the Client either (1) directly or (2) pursuant to being supplied by another employment business within 6 months of the date of the introduction the Client shall be liable, to either an extended period of hire or an introduction fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.2.2 The Client must give the Employment business 7 days' written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the introduction fee.
7.2.3 If the client does not give such notice before the Temporary Worker is engaged the parties agree that the Introduction fee shall be due.
7.2.4 If the parties do not agree a period of extended hire or an introduction Fee in accordance with 7.2.1 then
- The length of the extended period of hire shall be 8 weeks during which the client shall pay the current hourly charges agreed pursuant to clause 3.1 for each hour the Temporary Worker is so employed or supplied; or
- The amount of the Transfer fee shall be 12% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the remuneration is not known, the hourly charges multiplied by 200. 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.
7.3 Where there has been Introduction to and Engagement by a third party
7.3.1 In the event that the 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 within either;
- The duration of the assignment;
- 14 weeks from the start of the first assignment (the first Assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment);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 the length of which is to be agreed between the Employment Business and the client.
7.3.2 If the parties do not agree a transfer in accordance with 7.3.1 then the client will be liable to pay a Transfer Fee calculated as follows: 12% of the remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the remuneration is not known, the hourly charges multiplied by 200.
7.3.3 No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
7.3.4 VAT is payable in addition to any fee due.
7.3.5 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 as follows:12% of the remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 200. 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.
SCHEDULE OF EXTENDED HIRE PERIODS |
||||||||||||||
Number of weeks the Temporary Worker has been supplied to the Client prior to the notice date |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
Extended Hire Period (in weeks) |
12 |
11 |
10 |
9 |
8 |
7 |
6 |
5 |
4 |
3 |
2 |
1 |
0 |
|
|
||||||||||||||
SCHEDULE TRANSFER FEE REBATES |
||||||||||||||
Number of weeks the work seeker has been supplied to the Client prior to the notice date |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
Transfer Fee Rebate (as a % of the Fee set out in clause 7.1.4(b)) |
0 |
5 |
7 |
10 |
20 |
30 |
40 |
50 |
60 |
70 |
80 |
90 |
100 |
|
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 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 he 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 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 5 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 also 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 Client 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 authorizations 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 and attention, the Employment Business will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorizations of the Temporary Worker, 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:-
- within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
- 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 for 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 and Wales jurisdiction of the Courts of England and Wales .
THE FOLLOWING ADDITIONAL TERMS RELATE TO THE SUPPLY OF TEMPORARY WORKERS AS DRIVERS OF "O" LICENCED VEHICLES
(hereinafter called "the drivers".)
- Temporary Drivers are supplied by the Employment Business on the sole understanding that the client holds an operators licence under the Transport Act 1968, where required.
- As far as is possible, the Employment Business will check references of drivers and will examine driving licences and permit; not withstanding this, the Client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, drivers' hours and record, the issue of collection of tachograph cards, maintenance and safety of vehicles, Health & Safety Regulations, and road Traffic and Liability insurance, including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents.
- The Client shall on request permit the Employment Business to inspect its operators licence and policies of insurance for vehicles to be driven by the Temporary Worker.
- To assist clients in complying with the relevant provisions of the Transport Act, the Employment Business agrees to provide the Client upon request such information as is available to the Employment Business about any driving assignments carried out by the driver in the seven days immediately preceding 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.
NB . Miles Recruitment (Westbury) LLP acts as an introducer for Miles Recruitment Ltd; therefore there will be no legal relationship or legal obligations on the part of the introducer to the Temporary workers ("Employees") or the clients ("Employers").
All Employees and Employers will enter into a direct agreement with Miles Recruitment Ltd.
