About us…
Established in 1999, First Needs Healthcare (Recruitment) Limited, provides Temporary Healthcare Assistants, Registered Nurses, Domestic Operatives, Ground Workers, Administrative Assistants, Training Courses and more… throughout Hampshire, Surrey, and West Sussex.
First Needs Healthcare has a satisfied network of clients throughout these areas who have come to recognise the high standard of Agency Workers we supply all of whom are fully trained, reliable, trustworthy, punctual, and DBS compliant.
With so many committed professionals on-board, First Needs are proud to be able to always deliver our highest standards of service.
Welcome!
We are extremely glad that you have chosen to work with First Needs. We are acutely aware that you have a choice who you wish to work with and therefore aim to make your experience of working with First Needs as positive as we can.
It is important that you fully understand everything covered in these Terms & Conditions of Business. If there are any points which you do not fully understand please contact us and we will endeavour to assist.
Table of Contents…
| Page | ||
| About us & Welcome | 1 | |
| Table of Contents | 2 | |
| 1 | Definitions | 3 – 6 |
| 2 | The Contract | 6 – 7 |
| 3 | The Client’s Obligations | 7 – 8 |
| 4 | Information to be provided by the Employment Agency to the Client | 9 |
| 5 | Time Sheets | 9 – 10 |
| 6 | Charges and Payments | 10 – 11 |
| 7 | Notification and Fees | 11 – 13 |
| 8 | Suitability Checks and Information to be Provided | 13 – 14 |
| 9 | Unsuitability | 14 – 15 |
| 10 | Termination of Engagement | 15 |
| 11 | Confidentiality and GDPR | 15 |
| 12 | Intellectual Property Rights | 16 |
| 13 | Liability | 16 – 17 |
| 14 | Notices | 17 |
| 15 | Severability | 17 |
| 16 | Rights of Third Parties | 18 |
| 17 | Training Courses | 18 |
| Sign off Sheet | 19 |
- DEFINITIONS
1.1 In these terms and conditions of Business the following definitions apply:
‘Agency Worker’ means the individual who is introduced by the ‘Employment Agency’ to the ‘Client’
‘Employment Agency’ means First Needs Healthcare (Recruitment) Ltd (registered number: 10579947 of Sovereign House, 155 High Street, Aldershot GU11 1TT
‘Client’ means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to whom the Agency Worker is Introduced for the provision of services
‘Client’s Group’ means (a) any individual, company, partnership, statutory body or other entity which from time to time Control’s the Client, including (but not limited to) as a holding company as defined in Section 1159 of the Companies Act 2006; and (b) any company, partnership, statutory body or other entity which from time to time is Controlled by or is under common Control with the Client, including (but not limited to) as a subsidiary or holding company as defined in Section 1159 of the Companies Act 2006
‘Engagement’ means the Engagement (including the Agency Worker’s acceptance of the Client’s offer), employment or use of the Agency Worker by the Client or by any third party to whom the Agency Worker has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services to be performed by the Agency Worker under an agency, licence, franchise or partnership agreement, for the client or third party, for a period of time during which the Agency Worker is supplied by the Employment Agency to work for a period of time under the supervision and direction of the Client or third party, or for any other engagement, or through a limited company of which the Agency Worker is an officer, employee or other representative, and “Engage”, “Engages” and “Engaged” shall be construed accordingly
‘Time Sheet’ means the document the Agency Worker will present for signature for verification of hours worked each day
‘AWR’ means the Agency Workers Regulations 2010 and 2019 amendment.
‘AWR Claim’ means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Client and/or the Employment Agency for any breach of the AWR
‘WTR’ Working Time Regulations Act 1998 – set out to ensure Agency Workers are not working more than 48 hours per week over a 17 week period, unless the Agency Worker has opted out at the time of registering with the Employment Agency
‘Calendar Week’ means any period of seven days starting with the same day as the first day of the first Engagement
‘Charges’ means the Employment Agency’s charges calculated in accordance with Clause 6 and as may be varied from time-to-time in accordance with these Terms and Conditions of Business
‘Late Payment Fee’ means fees charged for invoice payments that are not cleared as available funds by the due date shown on the invoice submitted by the Employment Agency to the Client for any/all services provided
‘Introduction’ means (a) the passing to the Client of a curriculum vitae, profile or information which identifies the Agency Worker; or (b) the Client’s interview of the Agency Worker (in person or by telephone or by any other means), following the Client’s instruction to the Employment Agency to supply a temporary worker; or (c) the supply of the Agency Worker; and in any case, which leads to an Engagement of the Agency Worker; and “Introduced”, “Introduces” and “Introducing” shall be construed accordingly
‘Relevant Terms and means terms and conditions of Business relating to (a)
Conditions’ the duration of working time, (b) night work, (c) rest periods
‘Introduction Fee’ means the charge for the direct employment by a Client of an Agency Worker introduced to the Client by the Employment Agency
‘Losses’ means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands
‘Confidential Information’ means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Client or the Employment Agency or their business or affairs (including but not limited to these Terms and Conditions of Business, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning the Engagement) in any form or medium whether disclosed or granted access to whether in writing, orally or by any other means, provided to the Agency Worker or any third party in relation to the Engagement by the Client or the Employment Agency or by a third party on behalf of the Client whether before or after the date of these Terms and Conditions of Business together with any reproductions of such information in any form or medium or any part(s) of such information
‘Control’ means (a) the legal or beneficial ownership, directly or indirectly, of more than 50% of the issued share capital or similar right of ownership; or (b) the power to direct or cause the direction of the affairs and/or general management of the company, partnership, statutory body or other entity in question, whether through the ownership of voting capital, by contract or otherwise, and “Controls” and “Controlled” shall be construed accordingly
‘Data Protection Laws’ means the Data Protection Act 2018, the General Data Protection Regulation (EU2016/679) and any applicable statutory or regulatory provisions in force from time to time relating to the storage, retention, protection, and transfer of personal data
‘Training Centre’ means the Training provided by the Training Centre forming part of First Needs Holdings Ltd, trading in this instance as First Needs Training Services, provided to the Client via the Employment Agency’s Training Centre office
- THE CONTRACT
2.1 These Terms and Conditions of Business constitute the entire agreement between the Client and the Employment Agency for the supply of the Agency Worker’s services by the Employment Agency to the Client and are deemed to be accepted by the Client by virtue of the request for, and engagement of, the Agency Worker, or the passing of any information by the Client about an Agency Worker to any third party following an introduction, and are irrespective of any agreement between the Agency Worker and the Employment Agency
2.2 Unless otherwise agreed in writing by a Director of the Employment Agency, these Terms and Conditions of Business prevail over any terms and conditions, or purchase conditions (or similar) put forward by the Client
2.3 The Employment Agency shall act as an employment business (as defined in Section 13(3) of the Employment Agencies Act 1973 (as amended) when introducing Agency Workers for Engagements with the Client
2.3 No variation or alteration to these Terms and Conditions of Business shall be valid unless first approved by a Director, in writing, of First Needs Healthcare (Recruitment) Ltd
2.4 The Terms and Conditions of Business may be altered by First Needs Healthcare (Recruitment) Ltd at any time, without notification. Terms and Conditions of Business will be available either on the website or on display at the main offices of First Needs Healthcare (Recruitment) Ltd
2.5 If the Client wishes to discontinue using the services of the Employment Agency, notification must be given either orally or in writing. All outstanding invoices must then be settled prior to the last Engagement of an Agency Worker or within 14 days of notification by the Client to the Employment Agency, whichever is the soonest
- THE CLIENT’S OBLIGATIONS
3.1 To enable the Employment Agency to comply with its obligations under the Conduct Regulations the Client undertakes to provide to the Employment Agency details of the position which the Client seeks to fill, including the following:
3.1.1 the type of work the Agency Worker would be required to do
3.1.2 the location and hours of work
3.1.3 the experience, training, qualification, and any authorisation which the Client considers necessary, or which are required by law or any professional body for the Agency Worker to possess in order to work productively within the position
3.1.4 any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks
3.1.5 the date the Client requires the Agency Worker to commence the Engagement
3.1.6 the duration or likely duration of the Engagement
3.2 The Client will assist the Employment Agency in complying with the Employment Agency’s duties under the WTR by supplying any relevant information about the Engagement requested by the Employment Agency and the Client will not do anything to cause the Employment Agency to be in breach of its obligations under these regulations. If the Client requires the services of an Agency Worker for more than 48 hours in any week during the course of an Engagement, the Client will notify the Employment Agency of this requirement before the commencement of the Engagement or at the very latest, where this is not reasonably practicable, before the commencement of the week in which the Client requires the Agency Worker to work in excess of 48 hours.
3.3 The Client will comply with its obligations under Regulation 12 (Rights of Agency Workers in relation to access to collective facilities and amenities) and 13 (Rights of Agency Workers in relation to access to employment) of the AWR
3.4 To enable the Employment Agency to comply with its obligations under the AWR, the Client undertakes as soon as possible, prior to the commencement of each Engagement and during each Engagement (as is appropriate) and at any time at the Employment Agency’s request:
3.4.1 to notify the Employment Agency if the Agency Worker has been approached directly by the Client or any person employed by the Client for future Engagements and provide an update of all Engagements agreed to by both the Client and the Agency Worker
3.4.2 to provide the Employment Agency with written details of the basic working and employment conditions the Agency Worker will be entitled to for doing the same job if the Agency Worker had been recruited directly by the Client as an employee
3.5 Without prejudice the Client shall inform the Employment Agency in writing of any:
3.5.1 oral or written complaint the Agency Worker makes to the Client which is or may be a complaint connected with rights under the AWR; and
3.5.2 written request for information relating to the Relevant Terms and Conditions of Business that the Client received from the Agency Worker
as soon as possible but no later than 7 calendar days from the day on which any such oral or written complaint is made to or written complaint or request is received by the Client and the Client will take such action and give such information and assistance as the Employment Agency may request, in order to resolve any such complaint or to provide any such information in a written statement to the Agency Worker within 28 days of the Clients receipt of such a request in accordance with Regulation 16 of AWR and the Client will provide the Employment Agency with a copy of any such written statement and within any timeframe requested by the Employment Agency, and at the Clients own cost, to avoid dispute, resist, mitigate, compromise or defend any such AWR Claim, and to appeal against judgement given in respect thereof
3.6 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Agency Worker for the Agency Worker to fulfil the Engagement
- INFORMATION TO BE PROVIDED BY THE EMPLOYMENT AGENCY TO THE CLIENT
4.1 When introducing an Agency Worker to the Client the Employment Agency shall inform the Client:
4.1.1 of the identity of the Agency Worker
4.1.2 that the Agency Worker has the necessary or required experience, training, qualifications, and any authorisation required by law or a professional body to fulfil the Engagement
4.1.3 that the Agency Worker is willing to fulfil the Engagement
4.2 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 or any Public or Bank Holiday) following, save where the Agency Worker is introduced for an Engagement in the same position as one in which the Agency Worker had previously been supplied within the previous 5 business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted
- TIMESHEETS
5.1 At the end of each daily period of an Engagement, or at the end of a week if agreed by the Client, the Client shall sign the Employment Agency’s timesheet verifying the number of hours worked each day by the Agency Worker. Signing the Agency Worker’s timesheet also indicates acceptance of the Terms and Conditions of Business of the Employment Agency. Failure to sign and return this document does not absolve the Client from the Terms and Conditions of Business of the Employment Agency. It is the Client’s responsibility to check the hours claimed are correct and any revisions are to be made prior to signing the Timesheet. Deductions for rest periods, can only be made if the Agency Worker is permitted to leave the premises for the period of their break.
5.2 Signing of the Timesheet by the Client, or any person employed by the Client, indicates satisfaction with the services provided by the Agency Worker and confirmation of the number of hours worked.
5.3 In the event the Client disputes the hours claimed the Client shall inform the Employment Agency as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Agency to enable the Employment Agency to establish what hours, if any, were worked by the Agency Worker. Failure to sign the Timesheet does not absolve the Client’s obligation to pay the charges in respect for those hours worked
5.3 If the Agency Worker arrives for work and is no longer required, i.e. the client has double booked or has booked in error, the Client will be charged a cancellation fee of 4 hours at the usual Agency rate. If the Client finds it necessary to cancel an Agency Worker within four hours of the start time of the Engagement, the Client will be liable for payment of that entire Engagement
5.4 The Client shall not be entitled to decline to approve a Timesheet on the basis that it is dissatisfied with the work performed by the Agency Worker. In the event that the Client is dissatisfied with the Agency Worker the provisions of Clause 10 below shall apply
5.5 If the Employment Agency assigns an Agency Worker, and due to unforeseen circumstances, they are unable to fulfil the Engagement, the Employment Agency will not be held liable
- CHARGES AND PAYMENTS
6.1 The Client agrees to pay the hourly charges of the Employment Agency as previously agreed between the Employment Agency and the Client and any travel expenses accrued by the Agency Worker, in the form of mileage, charged at 45p per mile, both to and from the Engagement and during the course of the Engagement if required to use their vehicle as part of their duties
6.2 The Client shall provide a period of cancellation of booked engagements, as agreed between parties, to allow reasonable time for the Employment Agency to be able to re-engage the Agency Worker elsewhere. In the event cancellations are received with less than the agreed period of notice a fee will be levied in accordance with Clause 9.4
6.3 The Employment Agency will invoice the charges to the Client on a weekly basis
6.4 The Client will Pay the charges within fourteen days from the date of the invoice
6.5 A late payment fee of 1.5% will be charged on any invoices not paid, and cleared as available funds, by the due date
6.6 The Employment Agency will not refund any of the charges or fees
6.7 The Employment Agency reserves the right to charge interest on invoiced amounts unpaid after 30 days of the due date at the rate of 8% above the base rate of the National Westminster Bank from the due date until the date of payment
6.8 The Clients obligations under this Clause 6 shall be performed without any right of the Client to invoke set-off, deductions, with holdings, or other similar rights
6.9 The Employment Agency reserves the right to use the services of a third party to recover invoiced amounts unpaid by the due date and any fees and costs resulting there from will be added to the outstanding sum due and payable by the Client
6.10 If the Client wishes to challenge an invoice received by the Employment Agency the Client must notify the Employment Agency within 2 working days of receipt of the invoice. Any evidence supporting this dispute must be submitted to the Employment Agency at this time to enable the Employment Agency to fully investigate the disputed invoice
6.11 Rate increases (if necessary) are to be applied on the 1st April and 1st October each year
- NOTIFICATION AND FEES
7.1 The Client agrees to:
7.1.1 Notify the Employment Agency immediately of the terms of any offer of employment which it makes to the Agency Worker
7.1.2 Notify the Employment Agency immediately that its offer of employment to the Agency Worker has been accepted and to provide details to the Employment Agency of the remuneration agreed with the Agency Worker together with any documentary evidence as requested by the Employment Agency
7.1.3 Pay the Introduction fee calculated in accordance with the provisions of this Clause 7, by the due date for payment in Clause 7.2
7.2 The Introduction fee calculated in accordance with 7.4 below shall be payable within 14 days of the date of the Employment Agency’s invoice
7.3 The Client shall be liable to pay a Transfer Fee if the Client employs an Agency Worker introduced by the Employment Agency, other than via the Employment Agency or introduces the Agency Worker to a third party and such introduction results in the employment of the Agency Worker by the third party other than via the Employment Agency and:
7.3.1 where the Agency Worker has been supplied by the Employment Agency, such employment takes place during the Engagement or within the relevant period; or
7.3.2 where the Agency Worker has not been supplied, such employment takes place within 6 months of the introduction to the Client
7.4 Charges payable by the Client to the Employment Agency for employment of the Agency Worker are:
Care Assistant/Support Worker £2,500.00
Senior Care Assistant/Support Worker £2,500.00
Registered Nurse £3,500.00
These figures will apply providing the employment of the Agency Worker takes place within a period not exceeding six months from the last date of supply of the Agency Worker to the Client. The terms under this agreement are irrespective of the nature of the employment by the Client as per Clause 7.3
7.5 Failure to inform the Employment Agency of the employment of the Agency Worker does not absolve the Client of the contractual terms. No refund of the introduction fee will be paid if the employment subsequently terminates, whether it be on the part of the Agency Worker or the Client
7.6 If the Client wishes to employ the Agency Worker, and pay the transfer fee, the Client upon giving one week’s written notice to the Employment Agency, will engage the Agency Worker for a prepaid Period of Extended Hire of up to 26 weeks whilst the Agency Worker completes both their 6 weeks formal notice period, and the transition period of up to a further 20 weeks, to allow time for the Employment Agency to replace and train the Agency Worker.
7.7 During such Period of Extended Hire the Employment Agency shall supply the Agency Worker on the same terms on which they would have been supplied during the Engagement and in any case on terms no less favourable than those terms which applied immediately prior to when the Employment Agency received the notice in Clause 7.6; and the Client shall continue to pay the Charges set out in Clause 6
7.8 If the Employment Agency is unable to supply the Agency Worker for any reason outside its control for the whole or any part of the Period of Extended Hire; or the Client does not wish to hire the Agency Worker on the same terms as the Engagement; but the Agency Worker is employed by the Client, the Client shall still be liable to pay the Transfer Fee, and at the discretion of the Employment Agency, a reduced pro-rata hire fee to reflect any Charges paid by the Client during any part of the Period of Extended Hire, and not worked by the Agency Worker. Once the Client gives notice of its intention to employ the Agency Worker other than via the Employment Agency before such employment commences, the Client shall agree to pay the Transfer Fee in full with immediate effect of the Agency Worker agreeing to transfer.
7.9 Where prior to the commencement of the Client’s employment other than via the Employment Agency the Employment Agency and the Client agree that such employment will be on the basis of a fixed term of less than 12 months, the Employment Agency may, in its absolute discretion, reduce the Transfer Fee by an amount to be agreed between the Employment Agency and the Client. Should the Client then wish to extend the Agency Worker’s employment, or re-employ the Agency Worker, within 12 months from the commencement of the initial employment, the Employment Agency reserves the right to recover the balance of the Transfer Fee
7.10 The Employment Agency will not refund the Transfer Fee in the event that the employment of the Agency Worker other than via the Employment Agency by the Client or by a third party to which the Client introduces the Agency Worker terminates or terminates before the end of the fixed term referred to in Clause 7.9
8 SUITABILITY CHECKS AND INFORMATION TO BE PROVIDED IN SPECIAL SITUATIONS
8.1 Where:
8.1.1 the Agency Worker is required by law, or any professional body to have any qualifications or authorisations to work on the Engagement, the Employment Agency will take all reasonably practicable steps to obtain and offer to provide to the Client copies of any relevant qualifications or authorisations of the Agency Worker
8.1.2 in addition, where the Engagement involves working with, caring for or attending one or more Vulnerable Persons, the Employment Agency will take all reasonably practicable steps to obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Agency Worker and who have agreed that the references they provide may be disclosed to the Client; and such other reasonably practicable steps as are required to confirm that the Agency Worker is suitable for the Engagement
8.1.3 If the Employment Agency has taken all reasonably practicable steps to obtain the information above but has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event
8.2 The Client shall advise the Employment Agency at the time of instructing the Employment Agency to supply an Agency Worker, whether during the course of the Engagement the Agency Worker will be required to work with, care for or attend one or more Vulnerable Persons or take part in regulated activity as defined in the Safeguarding Legislation
8.3 The Client shall assist the Employment Agency by providing any information required to allow the Employment Agency to comply with its statutory obligations under the Safeguarding Legislation and to all the Employment Agency to select a suitable Agency Worker for the Engagement
8.4 In particular in the event that the Client removes an agency Worker from an Engagement in circumstances which would require the Employment Agency to provide information to the Disclosure and Barring Service (or equivalent authority) under the Safeguarding Legislation, the Client will provide sufficient information to the Employment Agency to allow it to discharge its statutory obligations
9 UNSUITABILITY OF THE AGENCY WORKER
9.1 The Client undertakes to supervise the Agency Worker sufficiently to ensure the Client’s satisfaction with the Agency Worker’s standards of work. If the Client reasonably considers that the services of the Agency Worker are unsatisfactory, the Client may terminate the Engagement either by instructing the Agency Worker to leave the Engagement immediately, or by directing the Employment Agency to remove the Agency Worker. The Employment Agency may, in its absolute discretion, in such circumstances, reduce or cancel the Charges for the time worked by that Agency Worker, provided that the Client has notified the Employment Agency immediately, that they have asked the Agency Worker to leave the Engagement, or the Engagement terminates:
9.1.1 within 4 hours of the Agency Worker commencing the Engagement, where the Engagement is for more than 7 hours
9.1.2 within 2 hours for Engagements of 7 hours or less
and in any circumstances provided that notification of the unsuitability of the Agency Worker is confirmed in writing to the Employment Agency within 48 hours of the termination of the Engagement
9.2 The Employment Agency shall notify the Client immediately if it received or otherwise obtains information which gives the Employment Agency reasonable grounds to believe that any Agency Worker supplied to the Client is unsuitable for Engagement and shall be entitled to terminate the Engagement forthwith without prior notice and without liability. Notwithstanding, the Client shall remain liable for all Charges incurred prior to the termination of the Engagement
9.3 The Client shall notify the Employment Agency immediately and without delay and in any event within 1 hour if the Agency Worker fails to attend work or has notified the Client that they are unable to attend work for any reason
9.4 Cancellations of any booked engagements are to be made as per the contract agreement between parties. Any cancellations received within this period will incur charges of four hours per shift cancelled, charged at the relevant rate for the shift/shifts cancelled.
- TERMINATION OF THE ENGAGEMENT
10.1 The Employment Agency, Agency Worker and Client may terminate an Engagement at anytime without prior notice and without liability (except in the case of termination by the Client, who shall be liable for the Charges due under Clause 6 above)
- CONFIDENTIALITY AND DATA PROTECTION
11.1 All information relating to an Agency Worker is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to comply with Data Protection Laws at all times, especially with regards to storage and retainment of such information
11.2 The Employment Agency undertakes to keep confidential all Relevant Terms and Conditions of Business that the Client discloses to the Employment Agency and not to use such information except for the purposes of compliance with the AWR (including, for the avoidance of doubt and without limitation, when dealing with any request for information or complaint made by any Agency Worker or any AWR Claim)
11.3 Information relating to the Employment Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain
- INTELLECTUAL PROPERTY RIGHTS
12.1 All copyright, trademarks, patents and other intellectual property rights deriving from the Engagement shall belong to the Client. Accordingly, the Employment Agency shall use its reasonable endeavours to ensure that the Agency Worker shall execute all such documents and do all such acts in order to give effect to the Client’s rights pursuant to this Clause
- LIABILITY
13.1 Whilst reasonable efforts are made by the Employment Agency to give satisfaction to the Client by ensuring reasonable standards of skill, integrity and reliability from the Agency Worker and to provide the same in accordance with the Engagement details as provided by the Client, no liability is accepted by the Employment Agency for any loss, expense, damage or delay arising from any failure to provide any Agency Worker for all or part of the Engagement or from the negligence, dishonesty, misconduct or lack of skill of the Agency Worker or if the Agency Worker terminates the Engagement for any reason or does not attend for the Engagement. For the avoidance of doubt, the Employment Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which is not permitted to exclude under law.
13.2 No liability is accepted by the Employment Agency for negligence, dishonesty, misconduct, or lack of skill of any third party Agency Worker that does not qualify to work within the industry through lack of DBS checks being obtained or through lack of training and being Engaged alongside any Agency Workers supplied by the Employment Agency. For the avoidance of doubt, the Employment Agency does not exclude liability for death or personal injury arising from the negligence on the part of the Client for the Engagement of any third party Agency Worker that does not qualify to work in the industry through lack of DBS checks being obtained or through lack of training and being Engaged alongside any Agency Workers supplied by the Employment Agency
13.3 Agency Workers supplied by the Employment Agency pursuant to these Terms and Conditions of Business are engaged under contracts for services, they are not all direct employees of the Employment Agency, but all are deemed to be under the supervision and direction of the Client from the time they report to and take up duties and for the duration of the Engagement. The Client agrees to be responsible for all acts, errors, or omissions of the Agency Worker, whether wilful, negligent, or otherwise as though the Agency Worker was on the payroll of the Client
13.4 The Client shall advise the Employment Agency of any special health and safety matters about which the Employment Agency is required to inform the Agency Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Agency Worker is to fulfil the Engagement
13.5 The Client will also comply in all respects with all statutory provisions as are in force from time to time including, for the avoidance of doubt, but not limited to WTR, the Data Protection Laws, Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended), by-laws, codes of practise and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Agency Worker during all Engagements.
13.6 The Client undertakes not to request the supply of an Agency Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed by a worker who has been transferred by the Client to perform the duties of a person on strike or taking official industrial action
13.7 The Client shall indemnify and keep indemnified the Employment Agency against any losses incurred by the Employment Agency arising out of any Engagement or arising out of non-compliance with, and/or as a result of any breach of, these Terms and Conditions of Business by the Client
- NOTICES
14.1 All notices are required to be given in accordance with these Terms and Conditions of Business shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served; if by hand when delivered, if by first class post 48 hours following posting, provided it was sent recorded delivery, and if by email transmission, when that email was sent
- SEVERABILITY
15.1 If any of the provisions of these Terms and Conditions of Business shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining Terms and Conditions of Business, which shall continue to be valid to the fullest extent permitted by applicable laws
- RIGHTS OF THIRD PARTIES
16.1 None of the provisions of these Terms and Conditions of Business are intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded
- TRAINING COURSES
17.1 Mandatory training given to Agency Workers prior to engagement
17.1.1 All Agency Workers employed by the Employment Agency will have undergone their People Movers Moving & Handling training course prior to any engagements being booked
17.1.2 Agency Workers will have completed all necessary online training courses as required for specific roles/engagements, prior to being placed
17.2 All courses required by the Client must be booked directly with the Training Centre
17.2.1 A booking form will be sent by the Training Centre to the Client and the course will be confirmed upon receipt of the completed booking form and a deposit of 50% of the agreed fees
17.2.2 Full payment is due two weeks prior to the commencement of the course
17.2.3 Any extra attendees on the day will be invoiced and must be paid within 7 days from receipt of the invoice
17.2.4 Certificates and pass rates will not be released until all outstanding fees are paid
17.3 Refunds will not be given for any cancelled courses other than in extreme circumstances and in any case at the full discretion of the Director of the Training Centre