For The Introduction And Supply Of Temporary Workers

1. Definitions

1.1 In these Terms of Business the following definitions apply;

• "Assignment" means the period during which the Temporary Worker is supplied to render services to you.
• "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 Northern Employment Services Limited of Townhead Court, 148 Yorkshire Street, Rochdale, OL16 1LD.
• "Engagement" means the engagement, employment or use of the Temporary Worker directly by you 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 Directorship 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 us to render services to you.
• "Transfer Fee" means the fee payable in accordance with clause 7.1(b) below and Regulation 10 of Employment Agencies and Employment Businesses Regulations 2003.
• "Relevant Period" means the later of either 14 weeks from the *first day on which the Temporary Worker was supplied by us for you or 8 weeks from the day after the Temporary Worker was last supplied by us to you.
  *The "first day'" will be the first occasion on which a Temporary Worker is supplied to work for the Client or the first day of an assignment where there has been more than 42 days since the end of any previous assignment.
• "Introduction Fee" means the fee payable in accordance with clause 7.2(b) below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
• "Introduction" means (i) your interview of a Temporary Worker in person or by telephone, following your instruction to supply a Temporary Worker; or (ii) our passing to you of a curriculum vitae or information which identified 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 you or any third party.

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 constitute the contract between Northern Employment Services Limited and you for the supply of the Temporary Worker's services by us to you and are deemed to be accepted by you by virtue of your 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 one of our Directors of the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by you.

2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between us and you and are set out in writing and a copy of the varied terms is given to you stating the date on or after which such varied terms shall apply.

3 Charges

3.1 You agree to pay the hourly charges as notified to and agreed with you. The charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour). The charges comprise of mainly the Temporary Worker's pay but also include our commission, employer's National Insurance contributions, Statutory Holiday Pay, calculated as a percentage of remuneration, and travel, hotel or other expenses as may have been agreed with you or, if there is no such agreement, such expenses as are reasonable. VAT is payable on the entirety of these charges and on any fees payable under these terms.

3.2 The charges are invoiced on a weekly basis and are payable within 7 days of date of Invoice. We reserve the right to charge interest on any overdue amounts at the rate of 4% per annum above the base rate from time to time of the HSBC Bank from the due date until the date of payment.

3.3 There are no rebates payable in respect of the charges of Northern Employment Services Limited.

4 Information to be Provided

4.1 When making an Introduction of a Temporary Worker to you we shall inform you 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. Also whether the Temporary Worker will be employed by us under a contract of service or apprenticeship or a contract for services; and that the Temporary Worker is willing to work in the Assignment

4.2 Where our information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third 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 you.

5. Timesheets

5.1 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) you shall sign our timesheet verifying the number of hours worked by the Temporary Worker during that week.

5.2 Signature of the timesheet by you is confirmation of the number of hours worked. If you are unable to sign a timesheet produced for authentication by the Temporary Worker because you dispute the hours claimed, you shall inform us as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with us to enable us to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the timesheet does not absolve your obligation to pay the charges in respect of the hours worked.

5.3 You are not entitled to decline to sign a timesheet on the basis that you are dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable work you should apply the provisions of clause 10.1 below.

6. Payment of the Temporary Worker

6.1 We assume 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) Act 2003. For avoidance of doubt, we also assume responsibility for payment of paid leave under the Working Time Regulations.

7. Transfer and Fees

7.1 In the event of the Engagement of a Temporary Worker supplied by us either (1) directly by you or (2) by you pursuant to being supplied by another employment business, within the Relevant Period you shall be liable, to either:
(a) Elect to give us 7 days notice to take an extended period of hire of the Temporary Worker in accordance with our accompanying scale of fees, during which we shall be entitled to charges as set out in Clause 3.1 above for each hour the Temporary Worker is so employed or

(b) Pay a Transfer Fee (or Introduction Fee) calculated as a percentage of the Remuneration applicable at commencement of Engagement in accordance with our accompanying scale of fees. No refund of the Transfer Fee (or Introduction Fee) will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

7.2 In the event that there is an Introduction of a Temporary Worker to you which does not result in the supply of that Temporary Worker by us to you, but which leads to an Engagement of the Temporary Worker by you either directly or pursuant to being supplied by another employment business, you shall be liable, to either elect to give 7 days notice to take an extended period of hire as detailed in 7.1(a) or pay a Transfer Fee (or Introduction Fee) as detailed in 7.1(b).

7.3 In the event that the Engagement of the Temporary Worker is for a fixed term of less than 12 months, the fee in clause 7.1(b) or 7.2, calculated as a percentage of the Remuneration will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if you re-engage the Temporary Worker within 3 months of the termination of the first Engagement you will be liable to pay a further fee on the same basis.

7.4 In the event that the Temporary Worker is introduced by you to a third party which results in the Engagement of the Temporary Worker by the third party within the Relevant Period you shall be liable to pay a Transfer Fee (or Introduction Fee) as detailed in 7.1(b). 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. Liability

8.1 Whilst we make every effort to give satisfaction by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with booking details, we are 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, dishonestly, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, we do not exclude liability for death or personal injury arising from our own negligence.

8.2 Temporary Workers we supply are engaged under Contracts for Services. They are not our employees but are deemed to be under your supervision, direction and control from the time they report to take up duties and for the duration of the Assignment. You agree 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 your payroll. You 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 you are ordinarily subject in respect of your own staff (excluding the matters specifically mentioned in Clause 6 above), including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all Assignments.

8.3 You shall advise us of any special Health and Safety matters about which we are 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. You will assist us in complying with our duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by us and you will not do anything to cause us to be in breach of our obligations under these Regulations. Where you require or may require the services of a Temporary Worker for more than 48 hours in any week, you must notify us of this requirement before the commencement of that week.

8.4 You undertake that you know of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.

8.5 You shall indemnify and keep us indemnified against any costs, claims or liabilities incurred by us arising out of any Assignment or arising out of any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by you.

9. Special Situations

9.1 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, we will take all reasonable practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations of the Temporary Worker two references from persons not related to the Temporary Worker who have agreed that the references they provide may be disclosed to you and has taken all reasonably practicable steps to confirm that the Temporary Worker is suitable for the Assignment. If we are unable to do any of the above we shall inform you of the steps we have taken to obtain this information in any event.

10. Termination

10.1 You undertake to supervise the Temporary Worker sufficiently to ensure your satisfaction with the Temporary Worker's standards of workmanship. If you reasonably consider that the services of the Temporary Worker are unsatisfactory; you may terminate the Assignment either by instructing the Temporary Worker to leave the Assignment immediately, or by directing us to remove the Temporary Worker. We may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates within four hours of the Temporary Worker commencing the Assignment and also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to us within 48 hours of the termination of the Assignment.

10.2 The Temporary Worker, or you or we may terminate an Assignment at any time without prior notice and without liability.

10.3 You shall notify us immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies you they are unable to attend work for any reason.

10.4 We shall notify you immediately we receive or otherwise obtain information which gives us reasonable grounds to believe that a Temporary Worker supplied to you is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.2

11 Law

11.1 These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales

11.2 As a corporate member of Recruitment and Employment Confederation (REC) we are bound by REC Code of good recruitment practice, a copy of which is available on www.rec.uk.com

11.3 These terms are valid for new business from 6th April 2004, for all business from 6th July 2004, and supersede any previous Terms and Conditions.

THE FOLLOWING ADDITIONAL TERMS RELATE TO THE SUPPLY OF TEMPORARY WORKERS AS DRIVERS OF "O" LICENCED VEHICLES (hereinafter called "the driver")

1. As far as is possible, the Employment Business will check references of drivers and will examine driving licences and permits; notwithstanding this, the client agrees to take direct responsibility for all statutory duties where applicable in respect of driving licences and permits, drivers' hours and records, the issue and collection of tachograph cards, maintenance and safety of vehicles, Health and Safety Regulations, and Road Traffic and liability insurance's including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents.
2. The client shall on request permit the Employment Business to inspect its operator's licence and policies of insurance for the vehicles to be driven by the Temporary Worker
   

SCALE OF FEES

INTRODUCTION FEES FOR PERMANENT OR CONTRACT STAFF OR TEMP TO PERM (SEE BELOW)

REFUND (Not Applicable To Temp to Perm)

TEMP TO PERM

A Fee is chargeable if:
(a) engagement during assignment
(b) within 8 weeks of leaving assignment or
(c) within 14 weeks after commencing assignment, whichever is the longer.

An alternative to paying a fee is to extend hire period as detailed below.

Please note no refund terms on Temp to Perm

Vat at the current rate in force will be added to all Fees
This scale of fees should be read in conjunction with Terms of Business of Northern Employment Services Limited for Introduction of Permanent or Contract Staff and for Introduction and Supply of Temporary Workers, which supersede all previous issues.