HEALTH CARE RECRUITMENT AGENGY
Terms of Business
Terms of Business
“Agency Worker’’ means the individual who is introduced by the Employment Business to provide services to the Hirer,
“Agency Workers Regulations’’ means the Agency Workers Regulations 2010 and the Agency Workers (Northern Ireland) Regulations 2011;
“Assignment’’ means assignment services to be performed by the Agency Worker for the Hirer for a period of time during which the Agency Worker is supplied by the Employment Business to work temporarily for under the supervision and direction of the Hirer,
“Assignment Details Form’’ means written confirmation of the assignment detail agreed with the Hirer prior to commencement of the Assignment;
“AWR Claim’’ means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the Agency Workers Regulations;
“Calendar Week’’ means any period of seven days starting with the same day as the first day of the First Assignment;
“Charges’ ‘means the hourly charges of the Employment Business calculated in accordance with clause 6.1 and as may be varied from time to time in accordance with these Terms;
“Comparable Employee’’ means as defined in schedule 1 to these Terms;
“Conduct Regulations” means the conduct of Employment Agency and Employment Businesses Regulations 2003 and the conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005;
“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Hirer or Employment Business or their business or affairs (including but not limited to these Terms, data, record, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Assignment) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Assignment by the Hirer or the Employment Business or by a third party on behalf of the Hirer whether before or after the date of these Terms together with any reproductions of such information in any form or medium or any part(s) of such information;
“Control” means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and “controls” and “controlled” shall be construed accordingly;
“Data Protection Laws” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data;
“Employment Business” BPP CARE LTD (registered company no.09333544) of Room 3, Floor 8A, Albert Street, Sentinel House, Eccles, Manchester, M30 0NA, United Kingdom.
“Engagement” means the engagement, employment or use of the Agency Worker by the Hirer or any third party to whom the Agency Worker has been introduced by the Hirer, directly or indirectly, on a permanent or temporary basis, whether under a contract of service or for services, and/or through a company of which the Agency Worker is an officer, employee or other representative, an Agency, license, franchise or partnership arrangement, or any other engagement; and “engage”, “engages” and “engaged” shall be construed accordingly;
“First Assignment” means:
(a) The relevant Assignment; or
(b) If, prior to the relevant Assignment:
(i) The Agency Worker has worked in any assignment in the same role with the relevant Hirer as the role in which the Agency Worker in the relevant Assignment; and
(ii) The relevant Qualifying period commenced in any such assignment, that assignment (an assignment being (for the purpose of this define term) a period of time during the Agency Worker is supplied by one or more Temporary Work Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer;
“Hirer” means the person, firm, or corporate body together with any subsidiary or associated person, firm, or corporate body (as the case may be) to whom the agency worker is introduced.
“Hirer’s Group Means (a) any individual, company, partnership, statutory body or other which from time to time Controls the Hirer, including (but not limited to) as a holding company as defined in section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Hirer, including (but not limited to) as a subsidiary or holding company as defined in section 1159 of the Companies Act 2006
“Introduction” means (i) the passing to the Hirer of a curriculum vitae or information which
Identifies the Agency Worker, or (ii) the Hirer’s interview of the Agency Worker (in person or by telephone or by any other means), following the Hirer’s instruction to the Employment Business to supply a temporary Worker; or (iii) the supply of the Agency Worker; and, in any case, which leads to an Engagement of the temporary worker or the Agency Worker; and “Introduced” and “Introducing” shall be construed accordingly;
“Losses” means all losses, liabilities, damages, costs, expenses whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims, and demands;
“Period of Extended Hire” means any additional period that the Hirer wishes the Agency Worker to be supplied for beyond the duration of the original Assignment or series of Assignments as an alternative to paying a Transfer Fee;
“Qualifying Period” means 12 continuous Calendar Weeks during the whole or part of which the Agency Worker is supplied by one or more Temporary Worker Agencies to the relevant Hirer to work temporarily for and under the supervision and direction of the relevant Hirer in the same role, and as further defined in Section 1 to these Terms;
“Relevant Period” means (a) the period of 8 weeks commencing on the day after the last on which the Agency Worker worked for the Hirer having been supplied by the Employment Business; or (b) the period of 14 weeks commencing on the first day on which the Agency Worker worked for the Hirer having been supplied by the Employment Business or 4 weeks from the first day of the most recent Assignment where there has been a break of more than 6 weeks (42 days) since any previous assignment;
“Relevant Terms and Condition” means terms and conditions relating to:
(b) the duration of working time;
(c) night work;
(d) rest periods;
(e) rest breaks; and
(f) Annual leave
that are ordinarily included in the contracts of employees or workers (as appropriate) of the Hirer whether by collective agreement or otherwise and including (for the avoidance of doubt and without limitation) such terms and conditions that have become contractual by virtue of custom and practice, including copies of all relevant document;
“Remuneration” includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payment and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Agency Worker for service provide to or on behalf of the Hirer or any third party
“Temporary Worker Agency” means as defined in Schedule 1 to these Terms;
“Terms” means these terms of business (including the attached schedules) together with any applicable Assignment Details Form;
“Transfer Fee” means the fee payable in accordance with clause of these Terms and Regulation 10 of the Conduct Regulations;
“Vulnerable Person” means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and include any person under the age of eighteen.
TERMS OF BUSINESS
WITH A HIRER FOR THE SUPPLY OF AGENCY WORKER
Hirer, the purchase is to be known as the “Hirer” and BPP CARE LTD as the “Employment
1. THE CONTRACT
1.1. these Terms constitute the contract between the Employment Business and the Hirer for the supply of the Agency Worker’s services by the Employment Business to the Hirer;
1.2 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 (or similar) put forward by the Hirer;
1.3 subject to clause 1.19, no variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Employment Business and the Hirer and are set out in writing and a copy of the varied Terms is given to the Hirer stating the date on or after which such varied Terms shall apply; and
1.4 the Employment Business shall act in accordance to the definition in Section 13(3) of the Employment Agencies Act 1973 when introducing Agency Workers for Assignments with the Hirer.
2. HIRER OBLIGATIONS
2.1 To enable Business to comply with its obligations under the Conduct Regulations the Hirer undertakes to provide to the Employment Business details of the position which the Hirer seeks to fill, including the following
2.1 the type of work that the Agency Worker would be required to do;
2.1.2 the location and hours of work; and
2.1.3 the experience, training qualifications and any authorization which the Hirer considers necessary or which are required by law or any professional body for the Agency Worker to possess in order to work in the position
3. INFORMATION TO BE PROVIDED BY THE EMPLOYMENT BUSINESS TO THE HIRER
3.1 When Introducing an Agency Worker to the Hirer the Employment Business shall inform the Hirer:
3.1.1 of the identity of the Agency Worker;
3.1.2 that the Agency Worker has the necessary or required experience, training, qualifications and any authorization required by law or a professional body to work in the Assignment;
3.1.3 that the Agency Worker is willing to work in the Assignment; and
3.1.4 the Charges
4. TIME – SHEETS
4.1 at the end of each week of an Assignment the Hirer shall sign the Employment Business’ time-sheet verifying the number of hours worked by the Agency Worker during that week;
4.2 signature of the time-sheet by the Hirer is confirmation of the number of hours worked. Failure to sign the time-sheet does not absolve the Hirer of its obligation to pay the Charges in respect of the hours worked; and
4.3 the Hirer shall not be entitled to decline to sign a time-sheet on the basis that it is dissatisfied with the work performed by the Agency Worker. In the event that the Hirer is dissatisfied.
5.1 The Hirer agrees to pay the Charges as notified to and agreed with the Hirer. The Charges are calculated according to the number of hours worked by the Agency Worker (to the quarter hour) and comprise the following:
5.1.1 the Agency Worker’s hourly rate pay;
5.1.2 an amount equal to any paid holiday leave to which the Agency Worker is entitled under the Working Time Regulations and, where applicable, the Agency Workers Regulations and which is accrued during the course of an Assignment;
5.1.3 any travel, hotel or other expenses as may have been agreed with the Hirer or, if there is no such agreement, such expenses as are reasonable; and
5.1.4 the Employment Business’ commission, which is calculated as a percentage of the Agency Worker’s hourly rate.
5.1.5 The Charges are invoiced to the Hirer on a weekly basis and are payable within 30 days. (See Terms of Payment)
5.1.6 In addition to the Charges, the Hirer will pay the Employment Business an amount equal to any bonus that the Hirer awards to the Agency Worker immediately following any such award and the Employment Business will pay any such bonus to the Agency Worker. For the avoidance of doubt, the Hirer will also pay any employer’s National Insurance Contribution and the Employment Business’ commission on the bonus.
5.1.7 No refunds are payable in respect of the Charges of the Employment Business
5.1.8 The Employment Business reserves the right to vary the charges agreed with the Hirer, notice will be given in written form; and
5.1.9 in order to comply with any additional liability imposed by status or other legal requirements or entitlement including but not limited to the agency workers’ regulation (and or if there is any variation in the relevant terms and condition).
6 SUITABILITY CHECKS AND INFORMATION TO BE PROVIDED IN SPECIAL SITUATION WHERE BY:
6.1 the Hirer shall advise the Employment Business at the time of instruction to supply an Agency Worker whether during the course of the Assignment, the Agency Worker will be required to work with, care for or attend one or more Vulnerable Persons or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Group Act 2006;
6.2 the Hirer shall assist the Employment Business by providing any information required to allow the Employment Business to comply with its statutory obligations under the Safeguarding Vulnerable Group Act 2006 and to allow the Employment Business to select a suitable Agency Worker for the Assignment; and
6.3 in particular in the event that the Hirer removes an Agency Worker from an Assignment in circumstances which would require the Employment Business to provide information to the Independent Safeguarding Authority (or the equivalent authority) under the Safeguarding Vulnerable Groups Act 2006, the Hirer will provide sufficient information in writing to the Employment Business to allow it to discharge its statutory obligations.
7. TERMINATION OF THE ASSIGNMENT
7.1 Any of the Hirer, the Employment Business or the Agency Worker may terminate an assignment at any time without prior notice and without liability exceptt for the following;
7.1.1 if the Hirer terminates the assignment before it begins they will not be liable;
7.1.2 if the Hirer terminates the assignment at the time the assignment begins or the agency worker is on location the hirer is liable for a minimum payment of four hours of the assignment; and
7.1.3 if the Agency Worker cancels the assignment, the Employment Business will find a replacement or advise the Hirer to find an alternative;
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 All information relating to an Agency Worker is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Hirer. Such information must not be used for any other purpose nor divulged to any third party and the Hirer undertakes to abide by the provisions of the Data Protection Laws in receiving and processing the data at all times.
9.1 Whilst reasonable efforts are made by the Employment Business to give satisfaction to the Hirer by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and to provide the same in accordance with the Assignment details as provided by the Hirer, no liability is accepted by the Employment Business for any loss, expense, damage or delay arising from any failure to provide any Agency Worker for all or part of the Assignment or from the negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker terminates the Assignment for any reason. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law;
9.2 Agency Worker supplied by the Employment Business pursuant to these Terms are engaged under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision and direction of the Hirer from the time they report to take up duties and for the duration of the Assignment. The Hirer agrees to be responsible for all acts, errors or omissions of the Agency Worker, whether willful, negligence or otherwise as though the Agency Worker was on the payroll of the Hirer;
9.3 The Hirer shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Agency Worker and bout any requirements imposed by law or by any professional body, which must be satisfied if the Agency Worker is to fill the Assignment;
9.4 The Hirer will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to the Working Regulations 1999 (as amended), by-laws, codes of practice and legal requirements to which the Hirer is ordinarily subject in respect of the Hirer’s own staff (excluding the matters specifically mentioned in clause 7 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Agency Worker during all Assignments;
9.5 The Hirer undertakes not to request the supply of an Agency Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Hirer to perform the duties of a person on strike or taking official industrial action;
9.6 The Hirer shall indemnify and keep indemnified the Employment Business against any Losses incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with, and/or as a result of any breach of, these Terms by the Hirer; and
9.7 The Hirer shall inform the Employment Business in writing of any AWR Claim which comes to the notice of the Hirer as soon as possible but no later than 7 calendar days from the day on which any such AWR Claim comes to the notice of the Hirer.
10 TRANSFER FEES
10.1 The Hirer shall be liable to pay a Transfer Fee if the Hirer Engages an Agency Worker Introduced by the Employment Business other than a via the Employment Business or introduces the Agency Worker to a third party and such introduction results in an Engagement of the Agency Worker by the third party other than via the Employment business and;
10.1.1 where the Agency Worker has been supplied by the Employment Business, such Engagement takes place during the Assignment or within the Relevant Period; or
10.1.2 where the Agency Worker has not been supplied, such Engagement takes place within 6 months from the date of the Introduction to the Hirer.
The Transfer Fee will be calculated in accordance with Schedule 2
10.2 If the Hirer wishes to Engage the Agency Worker other than via the Employment Business without liability to pay a Transfer Fee, the Hirer may, or giving one week’s written notice to the Engagement Business, engage the Agency Worker for the Period of Extended Hire specified in Schedule 2;
10.3 During such Period of Extended Hire the Employment Business shall supply the Agency Worker on the same terms on which s/he has or would have been supplied during the Assignment and in any case on terms no less favorable than those terms which applied immediately before the Employment Business received the notice in clause 8.2; and the Hirer shall continue to pay the Charges set out in clause 6. If the Employment Business is unable to supply the Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hirer; or the Hirer does not wish to hire the Agency Worker on the same terms as the Assignment; but the Agency Worker is Engaged by the Hirer, the Hirer shall pay the Transfer Fee, reduced Pro-rata to reflect any Charges paid by the Hirer during any part of the Period of Extended worked by the Agency Worker before being Engaged by the Hirer. If the Hirer fails to give notice of its intention to Engage the Agency Worker other than via the Employment Business before such Engagement commences, the parties agree that the Transfer Fee shall be due in full;
10.4 Where prior to the commencement of the Hirer’s Engagement other than via the Employment Business the Employment Business and the Hirer agree that such Engagement will be on the basis of a fixed term of less than 12 months, the Employment Business may, in its absolute discretion, reduce the Transfer Fee as calculated in accordance with Schedule 2 Pro-rata. Such reduction is subject to the Hirer Engagement or re-Engage the Agency Worker within 12 months from the commencement of the initial Engagement the Employment Business reserves the right to recover the balance of the Transfer Fee; and
10.5 No refund of the Transfer Fee will be paid in the event that the Engagement of the Agency Worker other than via the Employment Business by the Hirer or by a third party to which the Hirer introduces the Agency Worker terminates or terminates before the end of the fixed term referred to in clause 10.4
SHEDULE 2: TRANSFER FEES
a) The Transfer Fee referred to in clause 10 shall be calculated as follows: 10% for Nurses and 20% for Health Care Assistant (HCA) of the Remuneration payable to the Agency Worker during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the Charges multiplied by 100
b) The Period of Extended Hirer, referred to in clause 8, before the Hirer Engages an Agency Worker shall be; 12 weeks.
c) The rebate on the transfer fee in case of a termination of contract by the hirer; this could be because the hirer considers the services of the worker has been unsatisfactory, a professional misconduct or a break in the professional code of conduct.
SLIDING REBATE SCALE FOR THE TRANSFER FEES
NUMBER OF WEEKS IN EMPLOYMENT WITH THE HIRER
PERCENTAGE OF TRANSFER FEE TOBE REBATED TO THE HIRER
Week 1 90%
Week 4 60%
Week 5 50%
Week 6 40%
Week 7 30%
Week 8 20%
Week 9 15%
Week 10 10%
Week 11 5%
Week 12 0%
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
13 GOVERNING LAW AND JURIDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Terms of Payment for BPP CARE LTD
This Terms of Payment are in accordance with and not in any way independent from the Terms of Business. Herein, the purchaser is to be known as the “Hirer” and BPP CARE LTD as the “Employment Business”. 1.1. The Hirer agrees to pay the Employment Business for the Agency Staff.
1.1.1. Payment must be made on the agreed prices.
1.1.2. The agreed prices (Proposal Document) will be charged to the Hirer upon tender of invoice weekly.
1.1.3. The invoice must be settled within 30 days of its tendering by the Employment Business and this is paid when paid contract.
1.1.4. A £250 service charge is payable on each overdue invoice for reissuing each invoice from the date of original invoice.
1.1.5. The Hirer shall assume responsibility for cost outlays by the Employment business in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.