1. These terms and conditions of business are between Henderson Drake Limited, acting as an agent, (hereinafter called the Agent) and the Employer Client (The Client) and are deemed to be accepted by the Client upon receipt, by virtue of an interview or the engagement (which term includes employment), whether under a contract of service or for services of an applicant introduced by the Agent to the Client to be considered for an engagement (“the Applicant”) within twelve months of the original introduction (whichever occurs first). If the client wishes to engage the Applicant for the sole purposes of temporary work the engagement will be with Henderson Drake Limited under their standard Temporary Recruitment Terms and Conditions of business. For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2004 the Agent acts as an employment agency in relation to permanent introductions and as an employment business in relation to any temporary assignments.
2. The Client agrees:
a) to notify the Agent immediately after an offer of engagement is accepted by an Applicant
b) to pay the fee of the Agent calculated under clause 4 below within fourteen days of the commencement of the engagement by the Applicant.
3. The fee payable to the Agent by the Client for the introduction of an Applicant is calculated as a percentage of the annualised commencing gross taxable emoluments payable by the Client to the applicant including any car allowances and/or guaranteed bonuses. The percentage of the Applicant’s first year’s remuneration will be 15% up to £24,999 p.a., 20% up to £39,999 p.a. and 30% at £40,000 and above (exclusive of V.A.T).
4. In the event of an Applicant leaving the Client’s employment within 29 days of commencement the Agent will refund 100% of the placement fee and between 30 and 60 days of commencement the Agent will refund 50% of the placement fee. These guarantees and refunds will only apply if:
a) The Client has paid the fee to the Agent under the terms of 2b above;
b) The Client has notified the Agent under the terms of 6 below; (iii) any termination is not as a result of redundancy, injury or ill- health
5. Should the Client or any subsidiary or associate company of the Client subsequently re-engage the Applicant within the period of 8 weeks from the date of termination a full fee in accordance with 4 above will become payable.
6. In the event that an Applicant introduced by the Agent should leave the Client within 60 days of commencement the Client must notify the Agent in writing within fourteen days of such Applicant’s leaving date.
7. Introductions are confidential. The Client undertakes that in the event of the Client effectively introducing directly or indirectly) any Applicant to any other person, firm or company, the Client shall pay to the Agent an introduction fee in accordance with clause 3 above, unless the engagement occurs more than 6 months after the introduction of the Applicant to the Client by the Agent or from the date of the Applicant’s last interview with the Client whichever is the later.
8. Full fees will be charged for any Applicant engaged as a consequence of, or resulting from, an application to the Agent, even though the introduction is made indirectly.
9. The Agent endeavours to make every reasonable effort to ensure the suitability of Applicants selected on behalf of the Client and in particular that the Applicant has the relevant experience, training ,qualifications and authorisation which the Client requires in the job specification supplied by the Client to the Agent but has no liability to the Client in the event and to the extent that the information provided by the Applicant to the Agency is false as the Agent does not personally establish references and cannot accept responsibility for any loss, expense, damage or delay, however occasioned. The Client is responsible for taking up references concerning an Applicant’s skills, qualifications and general integrity, obtaining work permits and satisfying any medical requirements or qualifications as required by law.
10. The Client shall provide the following details in respect of each position for which an applicant is sought:
- position, location, and hours
- any risks to health and safety
- experience, training, qualifications and any authorisation required for the position
- minimum remuneration payable
- length of notice
11. The Client hereby authorises the Agent to advertise the position that the Client seeks to fill.
12. Fees for the introduction of an Applicant on a contract basis will be calculated pro-rata in accordance with the permanent staff fees in Paragraph 4.
13. For contracts and temporary to permanent recruitment, no refunds are made and the rebate period does not apply.
14. The Client agrees that it shall only make use of any information supplied to it by the Agent in connection with or relating to an Applicant (“the information”) for the specific purpose for which it was disclosed, namely the recruitment of a new employee and shall keep the information confidential and shall not at any time without the permission of the Agent disclose the information or any of it to any third party (including its own employees), save insofar as such employees are specifically involved in the recruitment of the particular Applicant concerned and the Client shall promptly return all records, documents or materials (including all copies) to the Agent on demand at any time and without demand on the termination of this agreement.
15. These terms and conditions are governed by the laws of England and Wales and in the event of any dispute the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
1. The fees payable to the Agent by the Client for consultancy, volume recruitment and team building exercises will be determined and confirmed in writing prior to the commencement of such an assignment and will be conducted on the basis of either a set monthly retainer, or a fee for each applicant or individual, or a combination of the two alternatives.
The terms and conditions contained in this document supersede and replace any previous offer or quotation made.