TERMS/CONDITIONS OF ENGAGEMENT/BUSINESS
FAMOUS Recruitment & Management Consultancy, hereafter called 'the agency' supply this information as our terms of business for the supply of temporary staff, the conditions on which you accept the services of the agency, acting as Agent on your behalf, as an employment agency. The 1973 Employment Act as amended and other relevant statutes apply. These conditions below are deemed to be acceptable by and binding on all clients for any member of our staff introduced by us and appointed by the client.
We do not accept responsibility for information provided by employees contracted to clients and strongly recommend clients check their validity prior to engagement. In the case of qualified nurses, all statutory requirements as contained in the Nurses Agencies Regulations of 1961 inclusive of any statutory modifications are binding.
CLIENTS ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AS FAIR AND REASONABLE AND THAT THESE TERMS AND CONDITIONS ARE NOT UNFAIR OR RESTRICTIVE IN THEIR FORMAT, INTENT OR STRUCTURE
- PAYMENT
Payment is required within 14 days on receipt of our invoice, as we have paid our employee by the time you receive the bill. We reserve the right to request a deposit in an amount to be agreed as security against final payment. - LATE PAYMENT OF INVOICES
All payments on invoices should be received within 14 days from the date of invoice, and unless we have specifically agreed different terms in advance, a surcharge of 10% would be levied on any such invoice not received. - STANDARDS OF CONDUCT
Staff contracted to you must always maintain the highest possible standards of conduct and conform to our policy of commitment to quality care and health and safety at work. When on clients' premises and elsewhere under their lawful direction, they are required to adhere to the policies, procedures and requirement, of that work place. Staff must also comply with the agencies' policies, procedures and requirements of the client and / or their workplace. - CHARGES PAYABLE
We charge clients for work undertaken by contracted staff. These charges shall consist of the amount payable to or on behalf of the staff, our commission and any expenses reimbursed all of which have been notified previously. Reviews and variations to our charges will be notified to you in writing in advance when appropriate. All charges must be paid to the agency, including the employees pay element, which must not be paid to the employee directly. Although employees are self-employed, the Inland Revenue and the Department of Social Security to deduct Income Tax and National Insurance contributions where appropriate and pay these elements to the Inspector of Taxes as required. There is 10% administrative charge on the gross amount of our invoice. Please note that sleeping on duty is not an acceptable reason not to pay our invoices unless the hours in which the offence is committed can be identified and proved, in which case those hours will be deducted from our charges. - TIME SHEETS
It is in the employee's interest to ensure that their time sheets are signed each week for every assignment and that it is submitted weekly before payments can be approved and made. Week ending is always Sunday of every week, i.e. Monday is the start of working week and Sunday is the end of the week when time sheets are received from employees on Mondays. Delays in time sheet signing and submission may delay payments to employees. - CANCELLATIONS
If you wish to cancel or amend the pre-booked services of our staff, you must provide at least 12 hours’ notice. Failure to do so will result in a fee being charged to you for cancellation. If an employee contracted to you leaves an assignment prematurely or fails to attend, please telephone us immediately and we shall endeavour to provide a replacement. - SUITABILITY
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 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. - DIRECTION / SUPERVISION
Temporary and permanent Workers are engaged by the agency under service contracts. They 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 he 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, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect to the Client's own staff (excluding the matters specifically mentioned in clause 5 above), including the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client shall also advise the agency of any special health and safety matters about which the agency is required to inform the Temporary Worker. 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. - INDEMNIFICATION
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 with clause (Liability Clause) and / or as a result of any breach of these terms by the Client. - COMPLAINTS
Any complaint against an employee contracted to you will be discussed in person with them and dealt with swiftly. For very serious complaints the employee would be taken off that duty until the complaint is fully investigated and dealt with in accordance with our Complaints and Grievance Procedure. All complaints and answers must be in writing for record purposes and must be strictly confidential. - CONTRACT REQUIREMENT
The engagement by a client of an employee contracted to them or former employee within the period of twelve months from the termination of any temporary assignment without prior agreement in writing from us whether for a definite or indefinite period on any basis whatsoever, or the introduction of such a current or former employee to another employer including Employment Agencies, with a resulting engagement renders the original client liable for a payment of a Permanent Placement Fee of £2,500 or 15% (whichever is higher) without the right of rebate as the quality and skill of the employee has been proven by the client or other employer. - CONFIDENTIALITY
Staff must not disclose to any unauthorized person’s information concerning clients, their client’s group and their treatment etc. We hereby remind staff that they would be in breach of confidentiality, which may result in the termination of their association with us.
CLIENTS ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AS FAIR AND REASONABLE AND THAT THESE TERMS AND CONDITIONS ARE NOT UNFAIR OR RESTRICTIVE IN THEIR FORMAT, INTENT OR SRUCTURE.