CONDITIONS FOR THE HIRE OF PERMANENT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
1. In these Terms of Business the following definitions apply :
“Applicant” means the person introduced by Selected recruitment Ltd to the Client for an engagement including any officer or employee of the Applicant if the Applicant is a limited company and members of Selected recruitment Ltd 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 Selected recruitment Ltd
“ Engages”/”Engaged”/“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, license, 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 the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to Selected recruitment Ltd to search for an Applicant; or the passing to the Client of a Curriculum Vitae or information that identifies the Applicant and leads to an Engagement of the 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 or receivable by the Applicant for services rendered to or on behalf of the Client.
Unless the context requires otherwise, references to the singular include the plural. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. THE CONTRACT
These terms constitute the contract between Selected recruitment Ltd and the Client and are deemed to have been accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about an Applicant to any third party following an Introduction.
These terms contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client. Variations to these Terms will only be valid if they are agreed in writing between the parties, with a date from which the variations take effect.
The Client agrees:
1) To notify Selected recruitment Ltd immediately of any offer of an Engagement that it makes to an Applicant.
2) To Selected recruitment Ltd immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to Selected recruitment Ltd.
3) To pay Selected recruitment Ltd fee within 7 days of the invoice. Selected recruitment Ltd reserves the right to charge interest on any accounts that remain outstanding at the rate of 4% above the London Inter-Bank offer rate until the account is settled.
The fee payable by the Client to Selected recruitment Ltd for the Introduction of an Applicant who subsequently accepts an Engagement is calculated as a percentage of the Applicant’s anticipated annual Remuneration during the first 12 months of the placement. The fee is payable for any Engagement that takes place within six months of the original Introduction.
The fee varies according to Remuneration as follows: –
Annual Remuneration % Fee
Up to £29,999 10%
£30,000 to £49,999 12.5%
£50,000 and above 15%
VAT is payable in addition to any fee due Selected recruitment Ltd may alter this scale from time to time and, if appropriate, the Client will be advised in writing.
5. REBATE ENTITLEMENT
In order to qualify for the rebate scheme, the Client must pay Selected recruitment Ltd full fee within 7 days of the date of the invoice and must notify Selected recruitment Ltd in writing within 7 days of the termination of the Engagement.
The Client will be entitled to the following rebate scheme should the Applicant’s Engagement end (for whatever reason other than that the Applicant is made redundant, or that the Client failed to inform the Applicant of any factors or circumstances relating to the vacancy that may have affected the Applicant’s acceptance of the offer of Engagement).
Less than 2 weeks from date of commencement 100% rebate (less £ 100+ VAT)
Between 2-5 weeks from date of commencement 50% rebate (less £ 100+ VAT)
Between 5-8 weeks from date of commencement 20% rebate (less £ 100+ VAT)
Where notice to end the Engagement is given, the relevant termination date for the purposes of this clause shall be the date upon which the notice expires.
If within 6 months of the termination, the Client re-engages the Applicant or introduces them to any other person, firm or company where they are subsequently engaged in a permanent or temporary position, the Client will have to pay Selected recruitment Ltd the full Introduction Fee.
Applicant Introductions are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by Selected recruitment Ltd results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of Selected recruitment Ltd fee as set out in section 4 of this document.
An Introduction fee calculated in accordance with section 4 will be charged in relation to any Applicant Engaged as a consequence of or resulting from an Introduction by or through Selected recruitment Ltd , whether direct or indirect within 6 months from the date of Selected recruitment Ltd’s Introduction.
In the event of any employee of Selected recruitment Ltd with whom the client has had personal dealings accepts an Engagement with the Client within 3 months of Selected recruitment Ltd employment, the Client shall be liable to pay an Introduction fee as calculated in section 4 of this document.
7. SUITABILITY AND REFERENCES
1) Selected recruitment Ltd endeavour to ensure the willingness of any Applicant introduced to accept the position the Client wishes to fill and their suitability by obtaining confirmation of the Applicant’s identity, experience, training, qualifications and professional status as required by law, the Client or a professional body. When proposing an Applicant to a Client, Selected recruitment Ltd shall inform the Client of such matters noted above where they have obtained confirmation. If this information is provided verbally it will be confirmed in written form, either in hard copy or electronically, within 3 working days.
2) Selected recruitment Ltd endeavour 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 that the Client seeks to fill and to ensure that it would not be detrimental to the interests of either party for the Applicant to work in the position the Client seeks to fill.
3) Notwithstanding the above, the Client shall satisfy itself as to the suitability of the Applicant and take up any references provided by the Applicant before engaging the 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 in to medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by the law of the country in which the Applicant is engaged to work.
4) To enable Selected recruitment Ltd to comply with its obligations under points 1, 2 and 3 above the Client undertakes to provide Selected recruitment Ltd with details of the position it seeks to fill, the type of work required of the Applicant, its location and hours, the experience, training, qualifications, and any authorization required by law, the Client or a professional body for the Applicant to possess in order to work in the position and any risks to Health and 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 of commencement, the likely duration of the work, the remuneration and payment intervals and the notice periods applicable to both parties.
8. SPECIAL SITUATIONS
Where the Applicant is required by law, or any professional body to have any qualifications or authorizations to work in the position that the Client seeks to fill, Selected recruitment Ltd will take all reasonable steps to obtain and offer to provide copies of any relevant qualifications or authorizations 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 Selected recruitment Ltd 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.
Selected recruitment Ltd shall not be liable under any circumstances for any loss, damage, expense, delay, costs or compensation (whether direct, indirect or consequential) that may be suffered or incurred by the Client arising from or in any way connected with Selected recruitment Ltd seeking an Applicant for the Client or from the failure of Selected recruitment Ltd to introduce any Applicant. For the avoidance of doubt, Selected recruitment Ltd does not exclude liability for death or personal injury arising from its own negligence.
10. DATA PROTECTION
The Client will only use and process information provided by Selected recruitment Ltd on Applicants for recruitment purposes and in accordance with UK Data Protection legislation. To improve the service provided and for training purposes, Selected recruitment Ltd may monitor or record communications (for example, by telephone and e-mail).
No alterations to these Terms shall have effect unless confirmed in writing by our Company Director.
These Terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts of England, Wales and Scotland.