TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF
1. DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“Assignment”
means the period during which the Temporary Worker is supplied by the Employment Business 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 Temporary Worker is supplied or introduced;
“The Employment Business”
means RSS (Wessex) Limited T/A The Rubicon People Partnership and Rubicon people of 71-73 High Street, Poole, Dorset, BH15 1AF
“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 who is introduced by the Employment Business to render services to the Client.
“Transfer Fee”
means the fee payable in accordance with clause 7.1 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Introduction Fee”
means the fee payable in accordance with clause 7.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
“Introduction”
means (i) the Client’s interview of a Temporary Worker in person or by telephone,following the Client’s instruction to the Employment Business to supply a Temporary Worker; or
(ii) the passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker.
“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 to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party. Where a company car is provided, a notional amount of £2000 willbe added to the salary in order to calculate the Employment Business’ fee.
1.2. Unless the context otherwise requires, references to the singular include the plural.
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 of Business and any attached schedule(s) (“The Terms”) constitute the contract between the Employment Business and the Client for 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 or the passing of any information about the Temporary Worker to any third party following an Introduction.
2.2. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by 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 the details of such variation are agreed between the Employment Business and the Client and are set out 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.
2.4. The Employment Business shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 (as amended) when introducing Temporary Workers for Assignments with the Client.
3. CHARGES
3.1. The Client agrees to pay such 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) and comprise mainly the Temporary Worker’s hourly rate but also include the Employment Business’ commission calculated as a percentage of the Temporary Worker’s hourly rate, employer’s National Insurance contributions, Pension contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.
3.2. The charges are invoiced to the Client on a weekly basis and are payable within fourteen days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England 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 other than those set out in clause 11 below.
4. INFORMATION TO BE PROVIDED BY THE CLIENT
4.1. To enable the Employment Business to comply with its obligations under the Conduct Regulations the Client undertakes to provide to the Employment Business details of the position which the Client seeks to fill, including the following:
4.1.1. The type of work, location, likely duration and hours of work the Temporary Worker would be required to do.
4.1.2. The experience, training, qualifications and any authorisation which the Client consider necessary or are required by law or any professional body for the Temporary Worker to possess.
4.1.3. Any risks to health & safety known to the Client and steps taken to prevent or control such risks.
4.2. The Client will comply with its obligations under Regulation 12 of the Agency Workers Regulations in relation to Agency Workers access to collective facilities and amenities and provision of information regarding vacancies.
4.3. To enable the Employment Business to comply with its obligations under the Agency Workers Regulations, The Client will inform the agency of any period in which the Temporary Worker has worked in the same or similar role with the Client directly or via any third party which may count towards the Qualifying Period.
4.4. The Client will provide the Employment Business with written details of the basic working and employment conditions the Temporary Worker would be entitled to for doing the same or similar job as a comparable employee of the Client.
4.5. The Client will inform the Employment Business of any variation in the relevant terms and conditions of employment made at any time during the assignment after the Qualifying Period commences.
4.6. The Client will provide the Employment Business with relevant details regarding the Temporary Workers Performance and related bonus payments to which the Temporary may be entitled under the Agency Workers Regulations.
5. INFORMATION TO BE PROVIDED BY THE EMPLOYMENT BUSINESS
5.1. 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.
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. TIMESHEETS
6.1. 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) the Client shall sign the Employment Business’ timesheet verifying the number of hours worked by theTemporary Worker during that week.
6.2. Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a timesheet 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 theTemporary Worker. Failure to sign the timesheet does not absolve the Client’s obligation to pay the charges inrespect of the hours worked.
6.3. 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 below.
7. PAYMENT OF THE TEMPORARY WORKER
7.1. The Employment Business 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) Act2003.
8. TRANSFER AND INTRODUCTION FEES
8.1. Transfer fees where a worker has been supplied
8.1.1. In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either:
- 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or
- 8 weeks from the day after the last day the Temporary Worker worked on the Assignment The Client shall be liable, subject to electing upon giving 7 days notice, to either:
- An extended period of hire 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
- A Transfer Fee calculated as follows: 20% 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 the Remuneration is not known, the hourly charges agreed pursuant to clause 3.1 multiplied by 300 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.
8.2. Introduction Fees where a worker is introduced but not supplied
8.2.1. 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 of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 6 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either:
- A period of hire of the Temporary Worker being 26 weeks during which the Client shall pay the hourly charges agreed pursuant to clause 3.1 above for each hour the Temporary Worker is so employed or supplied; or
- An Introduction Fee calculated as follows: 20% 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 300. 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.
8.2.2. There are no rebates or reductions of extended periods in respect of charges arising under clauses 7.2.1 a) and b) above.
8.3. Inability to supply during the period of hire
8.3.1. If the Client elects for an extended period of hire, as set out above, but before the end of such period Engages the Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not to be supplied for an extended period of hire, the Transfer or Introduction Fee calculated in accordance with either 7.1.1(b) or 7.2.1(b) may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Temporary Worker and paid for by the Client.
8.3.2. Where period(s) of absence due to illness or injury prevent the Temporary Worker from being employed or supplied for 4 or more days, which shall be qualifying days for the purposes of Statutory Sick Pay (SSP), during the period of hire as set out above, the period of hire shall be extended by a period equivalent to the total period of absence. Where the Employment Business pays the Temporary Worker SSP during the period of hire an equivalent amount shall be charged to and be payable by the Client in addition to the charges agreed pursuant to clause 3.1.
8.4. Where there has been an Introduction to and Engagement by a Third Party
8.4.1. In the event that a 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 during the Assignment or within whichever is the longer of either:
- 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); 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 calculated in accordance with clause 7.1.1 (b) above.
8.5. Where there has been an Introduction but no Supply resulting in an Engagement by a Third Party
8.5.1. 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 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 in accordance with clause 8.2.1 (b) above.
9. LIABILITY
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 in accordance with clause 7.2.1 (b) above.
9.1. 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 accordancewith 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.
9.2. Temporary Workers supplied by the Employment Business are engaged under contracts for services*. They are not the employees of the Employment Business 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 theClient’s own staff (excluding the matters specifically mentioned in Clause 6 above), including in particular theprovision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during allAssignments.
9.3. The Client shall 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 willassist the Employment Business in complying with the Employment Business’ duties under the Working TimeRegulations 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.
9.4. 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.
9.5. 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.
9.6. The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 8.2, 8.3 and 8.5 and/or as a result of any breach of these Terms by the Client.
10. SPECIAL INSTRUCTIONS
10.1. 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 Employment Business 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 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.
11. TERMINATION
11.1. 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: –
11.1.1. Within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
11.1.2. 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.
11.2. Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
11.3. The Client shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.
11.4. The Employment Business shall notify the Client immediately if it receives or otherwise obtains information that gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.
12. LAW
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England.
LAST MODIFIED: 26/08/2020
