T&C's
Temporary Staff
Terms and Conditions
1. Definitions
1.1. “Agency” means Employment Business trading as Bright Beginnings Childcare Agency Limited, 3 Devonshire Court, Green Lane, York YO30 5PQ.
1.2. “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 Candidate is introduced
1.3. “Candidate”means the person introduced by the Agency to the Client for a temporary, permanent or fixed term Engagement.
1.4. “Engagement” means the engagement, employment or use of the Candidate 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;
1.5. Unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and other body or entity; and (in each case) vice versa.
2. General
2.1. The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions.
2.2. Submission of the Childcare Setting Registration Form should be received within 7 days and is deemed written instruction by the Client to the Agency to submit suitable Candidate for contact, interview or temporary employ.
2.3. These terms and conditions relate only to the Introduction by the Agency and in no way whatsoever form the part of any contract between the Client and Candidatein the event of a permanent contract being offered; this is at the sole responsibility of the Client.
2.4. These terms and conditions shall in all respects apply to and govern all contracts or agreements made verbally or in writing between The Client and The Agency.
2.5. The Client declares that the information given to the Agency is correct.
2.6. No variation or alteration of these Terms and Conditions of Business shall be valid unless approved in writing by a Director of the Agency.
2.7. The Agency has the right to refuse to represent a Client at any time.
2.8. The Agency reserves the right to change or add to the above Terms and Conditions without prior notification. A copy of any alterations will be made available.
2.9. These Terms and Conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
2.10. If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are valid, legal and enforceable
3. Client responsibilities
3.1. The Agency takes all reasonable care to interview Candidates and to take up references and to investigate qualifications, attitude, and experience, and that the Candidate is willing to work in the position which the Client seeks to fill. The Client nevertheless undertakes to the Agency to use best endeavours to ascertain that the Candidate is in fact a suitable person for the appointment in question in terms of qualifications, capability and integrity, checking any references whether provided by the Agency.
3.2. The Agency is solely responsible for ensuring compliance with all employment, fiscal, and other relevant legislation and regulations and all taxation obligations including National Insurance contributions and any other payments made to a Candidate in any other way relating to the Engagement.
3.3. Where the Client’s requirements include the Candidate, it is the Client's responsibility to ensure the suitability of the Candidate to drive, including ensuring that the Candidate has a suitable driving licence and, if using their own car, has adequate insurance. It is also the Client's responsibility to check the safety of the vehicle and ensure that it is suitably maintained, whether the car is owned by the Candidate, or provided by the Client. If the Candidate will be using a car provided by the Client, the Client will have responsibility over insuring it.
3.4. If the Candidate is asked to leave without completing the period of notice, salary in lieu must be paid to the Candidate, except in circumstances where the Candidate conduct justifies immediate dismissal for serious misconduct.
4. Fees
4.1. The temporary fees payable to the Agency by the Client is set out in the Scale of Fees attached to these Terms and Conditions and relates to one placement only.
4.2. The Client agrees to pay the Agency fee within 21 days of invoice date, and, on all occasions, prior to commencement of Engagement. Failure to abide by this condition will enable the Agency to withdraw any persons introduced without notice or penalty. The fee will still be payable.
4.3. Invoices not paid within 21 days will be subject to a surcharge of 8% initially and a further 8% each subsequent month on a compounding basis up to a 12 week period from the date of the invoice. After that date we will use a Debt Collection Agency/Small Claims Court under the provision of the Late Payment of Commercial Debts Act 1998. Interest will then be charged at the current rate pursuant to the County Court Act 1984 from the date at which the proceedings are instigated.
4.4. All Fees and payments are exclusive of VAT .
4.5. The agency will calculate the invoice for temporary contracts for the dates given to the Agency at the commencement of employment. However, should the Client re-engage the Candidate for further periods of employment or extend the original contract dates given to The Agency within 6 months, then a further charge will be payable for the exact period of employment.
4.6. If a permanent Candidate is required, & the employer accepts a temporary Candidate until a more suitable permanent Candidate is available, 20% will be deducted from any subsequent permanent fee (providing the temporary Candidate has worked for the client for 8 or more weeks).
4.7. In situations where there has been an introduction of a temporary worker but no supply and the client wishes to engage the candidate on a permanent basis, the client has the option instead of paying the transfer fee, to choose to have the candidate supplied for a period of 6 weeks of hire at the end of which, the candidate will transfer without charge.
4.8 In the situation where there has been supply and there is an engagement of a temporary worker directly by the client or through another Agency (temp-to-perm & temp-to-temp*), the agency can charge the transfer fee or offer a period of hire for a period of 6 weeks provided that:
4.8.1 The transfer takes place within either 14 weeks of the start of the first assignment or within 8 weeks of the end of any assignment, whichever period ends later. The 14-week period is measured from the start of the first assignment with the client. Where there has been more than one assignment and a break of more than 42 days between assignments, the later assignment will be taken as the first assignment for the purpose of calculating the 14-week period.
*“Temp-to-Perm”: where a temporary candidate supplied by the agency either transfers or is subsequently taken on directly by the client to whom the candidate has been supplied. This does not mean that the employment by the client must be permanent but simply that the candidate has a direct contractual relationship with the client.
“Temp-to-Temp”: where the candidate is supplied to the same client by another Agency.
4.9 “Temp-to-Third Party”: where a client introduces a candidate to another party who employs them directly, the agency can charge a transfer fee (see rate card) if in the relevant period (refer to 4.8.1.). This may be an individual employer, a subsidiary, parent company or Agency.
5. Information to be provided
5.1. When making an Introduction of a Temporary Worker to the Client the Agency 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 Agency under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment.
5.2 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.
6. Payment of the Temporary Worker
6.1 The Agency 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.Liability
7.1 Whilst every effort is made by the Agency 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 Agency 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 Agency does not exclude liability for death or personal injury arising from its own negligence.
7.2 Temporary Workers supplied by the Agency are engaged under contracts for services. They are the employees of the Agency 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.
7.3 The Client shall advise the Agency of any special health and safety matters about which the Agency 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 Agency in complying with the Agency’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Agency and the Client will not do anything to cause the Agency 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 Agency of this requirement before the commencement of that week.
7.4 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.
7.5 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.
7.6 The Client shall indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency arising out of any Assignment or arising out of any non-compliance and/or as a result of any breach of these Terms by the Client
8. Special Situations
8.1 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 Agency 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 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. Notification
9.1. If the Client engages or re-engages a candidate introduced by the Agency, whether directly or indirectly, in any capacity, the Client is responsible for advising the Agency immediately giving details of the date of commencement and intended length. The Agency's fees applicable at the time of the Engagement or re-Engagement of the Candidate are payable by the Client.
9.2. The Client agrees to notify the Agency immediately, in writing or verbally, of the date permanent employment commences, the contracted hours, and term of employment where appropriate.
9.3. The Client undertakes to notify the Agency in respect of any cause of dissatisfaction or any wants or imperfections in the performance or characteristics of the Candidate.
9.4. It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.
9.5. The Client agrees to notify the Agency immediately in respect of any changes to the job description or contract of employment between the Candidate and Client during the period of six months from commencement of the original Engagement. If this change results in a change of Childcare Services being provided by that Candidate falling within a higher fee category, the additional fee must be paid by the Client to the Agency.
9.6. The Client agrees to notify the Agency immediately upon any decision by the Client to cease to use the Introduction Services of the Agency.
10. Refunds/Replacement
10.1. Refunds and replacements will be given as set out in our “Refunds Policy” subject to adhering to the terms and conditions.
10.2. No refund or replacement will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.
10.3 The refund/replacement policy will only be effective if:
10.3.1 the job description has not changed and the contract has not been breached.
10.3.2. the Agency is informed within 48 hours of the termination of the employment; and the Agency was notified in writing (or email) by the Client of the reasons for termination of employment within 7 days of termination.
10.3.3. payment of the full corresponding fee has been received within the 21 days of invoice date, accompanied by a signed client registration agreement.
10.3.4. the Client is still intending to employ a child carer of the same category
10.3.5. the termination of the Engagement was not caused by the act or omission of the Client without good cause.
10.3.6. No other agency or source is used while the Agency is looking for a replacement
10.4. Should the Candidate fail to take up the appointment and no substitute can be found a full refund of the placement fee will be made.
10.5. Only one free replacement can be found.
10.6. Where a replacement is offered, the Agency must be given 14 days from the date of notification of the permanent Candidate‘s intention to terminate the Engagement, to provide a permanent replacement. If during this period the Client makes alternative arrangements or requests 'no replacement', no refund will be given.
11. Cancellation
11.1. If the services of any Candidate are cancelled after a firm booking has been made, 50% of the placement fee will be charged on all occasions. A 'firm booking' constitutes a Candidate being accepted for a post whether verbally or in writing and the Candidate having accepted. In addition, the Client will also be responsible to pay the Candidate 50% of the agreed salary for 1 week.
12. Indemnity
12.1. 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 a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate.
12.2. Candidates are not the employees of the Agency.
12.3. The Agency accepts no liability whatsoever for the contents of any draft Contract it may provide the Client with which to enable the Client to enter into a written contract with the Candidate. Any draft Contract is supplied as a guide and has not been drawn up by a lawyer with any specific circumstances in mind. The Agency recommends that the Client obtains its own legal advice in relation to any Contract it wishes to enter into with the Candidate.
12.4. The final decision to employ a Candidate rests with the Client and the Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Candidate nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the Employer or as it shall direct in respect of the Candidate. Verification of all such information and references shall be the responsibility of the Client.
12.5. In no circumstances shall the Agency’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.
13. Confidentiality
13.1. All communication, whether written or verbal, shall be confidential
13.2. Introductions are strictly confidential and are made individually to the Client who is responsible for the Agency's fees. If the Client introduces the Candidate directly or indirectly to other employees or employers, or any such other company or organisation with a resultant engagement the Client will remain responsible for the payment of the Agency's fees as if the Candidate had been engaged directly by the Client.
13.3. All correspondence and records remain the property of the Agency.
Signed ………………………………………………..…………………….…………….. Date:……………………………………….………..
Print Name………………………………………………………………………………….
© 2010 Bright Beginnings Childcare Agency Limited
Bright Beginnings Childcare Agency Limited, 3 Devonshire Court, Green Lane, York, YO30 5PQ.
Company Registration No. 6456016