Terms and Conditions of Business
Effective from January 2022
These terms and conditions of business are between FRC Recruitment Ltd (‘the Agency’) and (“the Employment Business”) the Employer, Client (‘the client’), and are deemed to be accepted by the Client by virtue of an interview for the engagement (which term includes employment or use, whether under a contract of service or for services) of applicant(s) introduced by the Agency’s Temporary workers.
Permanent Staff for Employment Agency
1 The Client will notify the Agency immediately an applicant, introduced by this Agency, is engaged and pay the fee due in accordance with Clause 2 hereof within 7 days of the receipt of the invoice.
2 The fee payable by the Client for the introduction of an applicant resulting in an engagement is based upon the commencing salary or wages calculated on an annual basis, together with any allowances and other payments forming part of taxable emoluments referred to as total remuneration, as agreed to be paid by the Client to the applicant engaged in accordance with Scale of Fees. VAT is charged at the current rate for service industry.
3 Should the engagement cease before the beginning of the 16th week, refunds will be made in accordance with the Standard Scale of Refunds shown below, provide that the Client notifies the Agency in writing within 14 days of the cessation of employment of the applicant. Clause 11 refers to the fees applicable to the engagement of a temporary worker to the Client’s permanent staff.
4 Introductions by the Agency are confidential and are made individually to the Client. If the Client or a member of the Client’s staff, within three months, passes on the introduction to any other person, firm or corporation resulting in an engagement, the Client will be liable for payment of the fee as set out in clause 2.
5 A full fee will be charged for any applicant engaged as a consequence of, or resulting from, an application by the Client to the Agency, even though the introduction is made indirectly.
6 The Agency endeavours to ensure the suitability of any applicant introduced to the Client. The Client shall not withstanding satisfy himself as to the suitability of any applicant and shall take up any references provided by an applicant and/or the Company before engaging such applicant. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any applicant and satisfy any medical and other requirements or qualifications required by law.
7 The Agency can accept no liability of any kind for any loss or damage to property or for any other loss, including without prejudice to the generality of the foregoing, loss of profits or for any injury to persons arising directly or indirectly from any act or omission of any applicant introduced by the agency, even if such act or omission is negligent or fraudulent or reveals dishonesty.
Temporary Workers for Employment Business
8 The Client shall pay the hourly charges for all hours actually worked by the temporary worker. Travelling, hotel or other expenses as may be agreed shall be itemised on the Agency’s invoice in addition to these charges. These charges will be those in force at the time of the assignment and may be varied from time to time with immediate effect. Details of charges are available on application and are calculated on an hourly basis at rates varying according to the number of hours required in any one week, Monday to Friday. No charge is made for lunch hours and charges are inclusive of all National Insurance and other statutory costs but exclusive of VAT. VAT is charged at the current rate for service industry.
9 Charges which largely represent wages paid are invoiced weekly, and are payable within 30 days upon receipt of Agency’s invoice.
No refund will apply on receipt of payment.
10 The Agency is responsible for the payment of wages to each temporary worker and the deduction and payment of all statutory contributions in respect of National Insurance and PAYE and all other appropriate taxes usually become by an employer.
11 The engagement by a Client of a temporary worker or former temporary worker whether for a definite period on a permanent basis or the use on a temporary basis but remunerated directly by the client renders the Client liable to pay the fees in accordance with the Terms for ‘PERMANENT STAFF’ set in
Clause 1-6 provided that the engagement takes place 8 weeks starting from the day after the day on which the worker last worked for the hirer having been supplied by the employment business or 14 weeks from the first day on which the worker worked for the hirer having been supplied by the employment business or alternatively an extended period of hire between the client and the agency can be agreed (min. 11weeks if agreement cannot be agreed) to safeguard against any fees. The agency will supply the worker at the same or no less favourable terms as previous assignments.
12 In such cases the refund clause will not apply since it is considered that mutual suitability will have been established during the period of the temporary assignment
13 The supervision, direction and control of a temporary worker worker assigned to the Client is the responsibility of the Client for the duration of the assignment. If the services of the temporary worker prove to be unsatisfactory to the Client, the Agency will reduce or cancel the charge for the time worked provided that the temporary worker leaves the assignment immediately and that notification by telephone is received by the Agency either:
- within five hours of the temporary worker commencing duties, where booking is for more than eight hours
Or (11) within two hours for bookings of eight hours and is confirmed in writing to the agency within 24 hours
14 Whilst every effort is made by the agency to give satisfaction to the client by ensuring reasonable standards of skills, integrity and reliability from workers and further to provide them in accordance with requirements, by reason of the human element involved, no liability can be accepted by the agency for any loss, expense, damage or delay arising from any failure to provide a worker or workers for all or part of the period of booking or for any negligence, dishonesty, misconduct or lack of skill of the temporary workers provided.
Scale of Fee
For the Introduction of permanent staff
£0 to £4999 £500min payment
£5000 to £9999 12 ½ per cent
£10000 to £19999 15 per cent
£20000 upwards 17 ½ per cent
£35000 upwards 25 per cent
Standard Scale of Refunds
Engagements Terminating during or at the end of:
Week 1 & 2 100 % refund
Week 3 & 4 50 % refund
Week 5 & 6 40% refund
Week 7 & 8 30% refund
Week 9 & 10 20% refund
Week 11 & 12 10 % refund