TERMS OF BUSINESS

INTRODUCTION OF APPLICANTS FOR PERMANENT EMPLOYMENT/ENGAGEMENT

Agreement between Williams Group Recruitment Limited  (‘the Company’) and -------------- (‘the Client’) and includes any person, firm or organisation acting on behalf of the Client.

Terminology:

Introduction:

   a) any applicant’s details being communicated (whether orally or in writing) to the Client by the Company; or

   b) an applicant being interviewed by the Client; or

   c) an applicant being engaged by the Client in any capacity whether as employee, partner, consultant or director (including non-executive director)

The Services:

The Company has agreed to introduce an applicant to the Client in order that the Client may assess the applicant’s suitability for direct employment or engagement with the Client

The Applicant:  

Any person whose identity or details are communicated to the Client whether the Client knew of the applicant previously and whether or not the applicant was introduced for the particular appointment that the Company was recruited by the Client to fill.

 

TERMS AND CONDITIONS           

  1. The Services provided under these terms are the introduction of an Applicant for direct employment or engagement by the Client.
  2. For the avoidance of doubt, any enquiries concerning an Applicant introduced by us, the interviewing of an Applicant or an Applicant’s commencement of employment or engagement with the Client (whichever occurs first) constitutes acceptance of these terms of business.  These terms and conditions apply to all Introductions of Applicants to the Client.
  3. For these purposes, the Company is acting as an employment agency in accordance with the Employment Agency Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as may be amended from time to time. 
  4. As the Company is acting as an employment agency, if the Client engages an Applicant, the Client and not the Company will be responsible for the direct payment and provision of salary, fees, and any other payments to any Applicant direct.

    Obligations of the Client

  5. In order to ensure that the Company can properly assess an Applicant’s suitability for employment/engagement by the Client, prior to an Applicant being introduced to the Client for the purposes of assessing their suitability for direct employment or engagement, the Client agrees to confirm the following to the Company:

       a. The department or branch of the Client’s business or organisation or the full name of the business or organisation (if different from the Client) which the Applicant will be working for should they be successful;

       b. The date on which the Client would ideally wish for the Applicant to commence employment/engagement should they be successful;

       c. Full details of the position the Client hopes to fill, including:

              i. The type of work that the Applicant will be required to carry out;
             ii. The normal location where the work will be carried out (or confirmation that there is no normal place of work if that is the case);
             iii. The hours of work which the Applicant, if successful, will be required to comply with;
             iv. The experience, training, qualifications required by the Applicant to carry out the role;
             v. Details of any authorisation required by law or by any professional body for the Applicant to carry out the role;
             vi. The minimum rate of remuneration;
             vii. Details of any expenses payable to the Applicant;
             viii. The benefits in kind and any other contractual benefits including (without limitation) details of holiday entitlement, pension, bonus, share scheme, permanent and private health insurance;
             ix. The amount of notice which both the Client and the Applicant are required to give in order to terminate the employment/engagement;
             x. What risks there are to health and safety and what steps the Client has taken to overcome these;
             xi. any other information which the Client deems necessary or relevant, to enable the Company to assess the suitability of the Applicant.

  6. The Client agrees to notify the Company immediately (that is within three working days) of an Applicant being offered (whether orally or in writing) engagement or employment by the Client.  If so requested, the Client will supply us with a copy of the written contract of employment/engagement offered to the Applicant and details of any other benefits in kind or contractual terms which the Applicant will be entitled to.

  7. Please note that it is the Client’s obligation to carry out all checks as are necessary to comply with the Asylum and Immigration Act 1996 and the Immigration (Restrictions on Employment) Order 2004 as may be amended from time to time.  The Company will take all reasonable steps to assist the Client in this respect but make no warranties as to an Applicant’s possession of work permits or otherwise.

    Obligations of Williams group recruitment (the Company)

  8. The Company agrees to take all reasonable steps to confirm to the Client:

       a. The Applicant’s identity;

       b. That the Applicant has the experience, training, qualifications and any other authorisation which the Client considers necessary and which the Client has advised the Company about in accordance with Clause 5 above.

  9. All costs of advertising by us for the benefit of the Client is borne by the Company.  Such advertising shall be at the Company’s discretion.

    The Introduction Fee

  10. If the Client employs or engages the Applicant in any capacity whether as employee, consultant or director (including non-executive director) within 12 months of an Introduction then the Client agrees to pay to the Company a fee (‘the Introduction Fee’) calculated by reference to a percentage as set out below of the Applicant's expected gross remuneration package for the first 12 months.  The total remuneration package includes base salary, housing allowance, any guaranteed commission or bonus and any fixed cash allowances offered (for example London weighting, or a company car cash equivalent) during the first year.  If the Applicant is provided with a company car by the Client, then the annual gross value of the car is taken to be £1,000. 

  11. For the avoidance of doubt annual gross salary does not include non-guaranteed bonus or commission, pension contributions, or taxable benefits where no cash alternative is provided.

  12. Where a non-guaranteed bonus or commission is expected to exceed twenty per cent (20%) of the expected annual remuneration of an Applicant, the Company reserves the right to agree in advance of the employment/engagement of with the Client a nominal annual remuneration that reflects likely earnings during the first 12 months.

  13. If within 12 months of an Introduction by the Company the Client appoints the Applicant as a partner of the Client business, as opposed to an employee or contractor, then the Company reserve the right to charge the Client an introduction fee by reference to 25% of the anticipated gross annual share of profits due to the Applicant for the first year from the date of their entry into the partnership. 

  14. Where an offer of employment/engagement on any terms has been made in writing by the Client as a result of an Introduction and is subsequently withdrawn by the Client after acceptance by the Applicant through no fault of the Applicant, the full Introduction Fee will be payable by the Client.

  15. The Introduction Fee is calculated as a percentage using the following sliding scale:

    Annual Remuneration Package                  Percentage Fee

    £0 – £19,999                                                        %
    £20,000 – £24,999                                              %
    £25,000 – £34,999                                              %
    £35,000 +                                                             %

  16. The minimum Fee payable by the Client to the Company, where the Client employs or engages the Applicant in any capacity whether as employee, consultant, partner or director (including non-executive director) is £2500

  17. For the avoidance of doubt, the Introduction Fee will also be payable if the Applicant is engaged in any capacity whatsoever by a third party within 12 months of an Introduction as a result of any referral by the Client.

  18. In default of agreement as to the amount of the Introduction Fee payable (including any rebate as referred to below) the amount shall be determined by a single arbitrator in accordance with the provisions of the Arbitration Act 1950 as amended or re‑enacted, such arbitrator to be nominated in default of agreement by the President for the time being of the Law Society of England and Wales.

    Refund Terms

    Free Replacement offered in the first 12 weeks – If for any reason the candidate should leave the company.

    Confidentiality

  19. All information supplied by the Company to the Client in connection with the Applicant will be kept confidential by the Client and the Client shall not disclose such information to any third party other than an employee of the Client who requires the information in the course of the Client’s business provided that the employee is bound by the same conditions of confidentiality.  This obligation shall not apply where the information is or becomes public knowledge other than as a result of the Client’s breach of these terms and conditions.

    Miscellaneous


  20. The Company’s invoice will normally be raised on the day the Applicant commences the engagement or employment with the Client and it is to be paid within 7 days of the date of the invoice. The Company  reserves the right to charge the Client interest in respect of any amount outstanding after the period for payment of the Introduction Fee (both before and after any judgment) from the date of invoice up to and including the day of payment at the rate of 8 per cent per annum above the base rate as set by the Secretary of State in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

  21. No fees are charged to the Applicant.  We have no "relevant contract" with them as defined in s.38 Finance Act (no.2) 1975.

  22. If the Client takes on an Applicant introduced by us as a temporary contractor or worker, then the Company’s terms of business for an Employment Business shall apply and the services will be provided in the capacity of an employment business.

  23. The Company reserves the right to review and amend these terms and conditions by giving one week’s notice to the Client.

  24. Every effort is made to maintain a high standard of integrity and an efficient service, but the selection of the Applicant is the Client's responsibility entirely.  We cannot accept any liability for any loss or damage howsoever occasioned to any one arising out of any act or omission by our agents or by the Applicant.  Subject to Clause 8 above the Client shall satisfy itself as to the suitability of the Applicant and the correctness of any statement made.  In particular (but without prejudice to the generality of the foregoing) save where we agree otherwise, the Client should take up references, check the validity of Certificates, and shall be responsible for investigating work histories, medical histories, arranging medical examinations, obtaining work permits and visas as detailed above and taking all other reasonable steps a prospective employer would take in like circumstances to secure the long-term engagement of the Applicant.

  25. All information provided is issued in accordance with the Data Protection Act 1998.

  26. All communications between the parties must be in writing and delivered by hand or sent by pre-paid first class post to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice and shall be deemed to have been received:

       a. If sent by pre-paid first-class post, one day (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); and

       b. If delivered by hand, on the day of delivery.

  27. None of these terms shall be enforceable by a third party (being any person other than the parties) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  28. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

  29. 20% VAT to be paid and attached to the invoice.