Terms of Business.
In these terms of business or terms and conditions of business, the following definitions apply: “Employment Agency” or “Recruitment Agency” or “Recruitment Consultancy” or “us” means Ultimate Selection Recruitment Ltd, whose registered company number is 07587217. Ultimate Selection Recruitment Ltd is as an employment agency within the scope of the Employment Agencies Act 1973. “Client” means the person, firm, company, business or corporate body to whom the Applicant is introduced. “Applicant” or “Candidate” means the person introduced by the Employment Agency to the Client (or on engagement). “Engagement” means the engagement, appointment, employment or use of the Applicant whether under a contract of service or for services, or in any other capacity, and whether such services are provided directly or indirectly through another legal entity or person be it for a permanent or assignment position within a period of twelve months from the date of introduction. “Engages” and “Engaged” shall be construed accordingly. “Remuneration” means the total of all emoluments payable to or receivable by the Applicant pursuant to the Engagement. All sums are gross and calculated on the basis that the Engagement is for twelve months (irrespective of any right to terminate the Engagement) unless it is on an agreed short-term placement, which is subject to the short-term placement fee, as set out in this document below. “Introduction” or “Introduced” means the provision by the Employment Agency to the Client of any details of an Applicant whether in oral or written form and in respect of which the Client has contacted the Employment Agency or the Applicant and/or the Client has Interviewed the Applicant or has initiated any other conduct in response to receiving such Applicant details. “Support Service” means the Support Service provided by the Employment Agency as set out in the paragraph entitled ‘Support Service’. ‘Exclusive recruitment’ or “exclusive” or “exclusivity agreement” means the Employment Agency will be the only recruitment supplier to introduce applicants to the client for engagement with the client. “Recruitment Supplier” means any other source of candidate, applicant or recruitment services, other than that of the “employment agency”.
2) The Contract
a) These terms of business are deemed to be accepted by the Client upon the Introduction of an Applicant by the Employment Agency, the Engagement of the Applicant or by authorising the Employment Agency to commence work on a permanent or contract vacancy whichever event occurs the earlier.
b) The parties agree that the Employment Agency shall be entitled to vary these terms and conditions in so far as is reasonable to comply with any variation in legislation that may impact these terms, provided that the Employment Agency notifies the Client in writing of the such proposed change.
c) Subject to sub-clause (b) above, these terms and conditions may only be varied or amended with the written consent of a duly authorised representative of both parties (in the case of the Employment Agency such authorised representative shall be limited to either an executive director or legal representative).
3) Notification & Fees
In the event that the Engagement Is accepted by the Applicant the Client shall:
a) Notify the Employment Agency immediately and provide details of the Remuneration, and b) Pay the Employment Agency’s fee for the Introduction of the Applicant within 14 days of the issue date of the Employment Agency’s invoice. The employment agency’s invoice will be raised and issued when an employment offer has been accepted and agreed upon by both the candidate & the client or when the applicant commences their first day of paid work for the client. The fee payable by the Client is calculated in accordance with the scale of fees as set out herein, (below) or as otherwise agreed in writing by the Employment Agency. All fees are subject to the addition of VAT. In the event that payment is not made in accordance with Clause 3b, the Employment Agency shall be entitled to levy the following charges: (i) a one-off late payment charge equivalent to 2% of the value of the unpaid amount that has not been settled by the due date; and/or (ii) Interest and associated charges as prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 and any applicable secondary or subsidiary legislation and/or (iii) reserve the right to revert to full fee based on the scale of introduction fees below where an alternative fee had been previously agreed in writing with the Employment Agency. Such late payment charges will be payable immediately by the Client on notification by the Employment Agency. Any interest and associated charges under sub-clause (ii) above, shall continue to accrue at a daily rate from the due date for payment until payment of the invoice is received in full. In addition, the Client shall reimburse the Employment Agency for any expenses reasonably incurred by the Employment Agency in the collection of such overdue payments. Important – Please also note: failure to pay an invoice on time, will void the replacement guarantee and any subsequent claim for refund, as described in these terms under section 12 Replacement Guarantee. Any queries with regards to an invoice must be specifically addressed in writing to the Employment Agency immediately.
4) Indirect Introductions
Introductions are confidential and therefore the Client shall be liable to pay the Employment Agency’s fee in accordance with Clause 3b If the Client Introduces the Applicant to any third party or refers the Applicant’s details to any third party within six months of the Introduction of the Applicant or the last interview of the Applicant by the Client, whichever is later and that the third party Engages the Applicant or in any event where an Engagement results directly or indirectly from the Introduction of the Employment Agency. The Replacement Guarantee shall not apply to any indirect Introductions.
5) Effective Period of Introduction
a) If the Client Engages an Applicant without having complied with the provisions Notification and Fees provision the full fee, referred to in the Scale of Fees, will be charged (provided that a full fee has not been paid within those 12 months in respect of the said Applicant), and the Client shall not be entitled to the Replacement Guarantee Guarantee.
b) The Client acknowledges that the Employment Agency has undertaken considerable resource in sourcing Applicants for them and appreciates that the Employment Agency incurs additional expenses in ascertaining whether the Applicants have been Engaged for which the Employment Agency has referred them during the 12 months following the Introduction. Accordingly, the Client agrees that in the event that they or a subsidiary or associated company or a third party Engages an Applicant Introduced directly or indirectly by the Employment Agency and fail to notify the Employment Agency of such Engagement in accordance with these terms and conditions, the Client will be liable to pay an additional fee of 5% of the gross annual salary of the Applicant. The Client acknowledges that this represents a genuine pre-estimate of the additional expenses the Employment Agency incurs as a result of the Client’s breach of these terms and conditions.
The Employment Agency endeavours to ensure the suitability of the Applicant in accordance with the Regulations. Notwithstanding this, the Client shall take such steps as it is deemed necessary to satisfy itself as to the suitability of the Applicant and is responsible for taking up any references provided by the Applicant and/or the Employment Agency before Engaging the Applicant. The Client shall be responsible for obtaining work and other permits, the arrangement of medical examinations and, or investigations into the medical history of the Applicant, and satisfying any medical and other requirements or qualifications required by the Client or by law or by any relevant regulatory or professional body, to work in the position concerned and shall indemnify the Employment Agency for any cost, expense or other financial liability incurred arising from any breach of this obligation by the Client.
Except in the case of death or personal injury caused by the Employment Agency’s negligence or in any other circumstances in which the Employment Agency’s liability may not be limited in law, the Employment Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client, arising from or in any way connected with the Introduction or Engagement of any Applicant or from the failure of the Employment Agency to Introduce an Applicant. The Client shall indemnify the Employment Agency against any costs, including legal costs, claims, damages and expenses incurred by the Employment Agency arising from or in any way connected with the introduction of the Applicant to, or Engagement of the Applicant by, the Client or the withdrawal, by the Client, of a vacancy.
The Employment Agency will not seek to solicit the services of an applicant who has been engaged by the Client within a period of 12 months from the commencement of the Engagement. This does not prevent the Employment Agency from undertaking the Support Service with the Client and the Candidate to assess, monitor and improve the Agency’s service delivery to the Client and the Candidate, which the Client hereby acknowledges and gives its consent to.
9) Health and Safety
The Client warrants that there will be no Health and Safety risk to the Applicant in working for the Client in the position concerned and if there are any such risks, the Client agrees to notify the Employment Agency, in writing of the nature of such risks and what steps have been taken by the Client to minimise such risks.
Each party will not unlawfully discriminate against any Associate or Applicant, whether directly or indirectly, on grounds of sex, sexual orientation, marital or civil partnership status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability or age. Each party will ensure that each Associate or Applicant is considered and/or assessed for a particular role in accordance with the Associate’s or Applicant’s merits, qualifications and technical abilities to perform the role. The Employment Agency will not accept instructions from a Client who indicates their intention to discriminate unlawfully. The Client shall indemnify the Employment Agency against any claim or liability however incurred by the Employment Agency arising from following the instructions of the Client in the provision of recruitment services.
All prices displayed on the Employment Agency’s website or quoted within a written proposal or discussed verbally, for any service supplied by the Employment Agency are subject to VAT charged at the standard rate. The Employment Agencies VAT
Registration Number is: 111 5275 54
12) Free Replacement Guarantee
For a period of up to 12 weeks from the employment start date, the employment agency (Ultimate Selection Recruitment Ltd) offers its clients a free, ‘like for like’ candidate replacement guarantee (exchange). If the Engagement terminates, for any reason related to the suitability of the Applicant or by the Applicant’s resignation (excluding any termination for redundancy or convenience by the Client) within 12 weeks of the commencement of Permanent Engagement, the employment agency will source and present ‘like for like’ replacement applicants for interview, at no further cost to the client. Upon successful appointment of the replacement applicant, our replacement guarantee will be deemed as fulfilled with no credit or refund owing. The Client may elect to receive a new zero-value invoice for the replacement applicant, however, as standard, our policy is to perform a straight swap. A ‘like for like’ replacement candidate, for the same role, at the same or similar salary level, will not incur an additional fee. Resolutions outside of our standard guarantee policy must be agreed and confirmed in writing before, the commencement of the recruitment for a replacement candidate.
To elect for the replacement guarantee, the Client must:
– Ensure that payment of the original invoice is received by the employment agency within the terms of payment (14 days).
– Notify the Employment Agency within 7 days of the date of termination of the Engagement that it requires a replacement candidate.
– Permit the employment agency (Ultimate Selection Recruitment Ltd) the exclusive right, to recruit a replacement applicant for a minimum of 30 days.
a) In the event that a replacement applicant is engaged through an alternative recruitment supplier, or from an internal source, within the
30- day ‘exclusive’ replacement period, the replacement guarantee will be withdrawn and cancelled. There will be no entitlement to a refund. Any subsequent recruitment carried out by the employment agency either for a replacement candidate or a new candidate will be charged according to the employment agency’s scale of fees.
b) In the event that the client elects to close, hold or change the original vacancy or prevents the employment agency from supplying alternative candidates to replace the original candidate, the replacement guarantee will become void, with no refund or credit due.
a) These terms and conditions are governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts (other than for enforcement where their jurisdiction shall be non-exclusive).
b) These terms and conditions shall supersede and replace any other terms and conditions previously agreed upon between the Employment Agency and the Client. In the event that terms and conditions have previously been agreed by the Employment Agency with the Client, then these terms and conditions shall be deemed to have been accepted by the Client (in replacement of the previous terms and conditions).
c) If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
The scale of fees for the introduction of Permanent & Contracted candidates
Basic Salary Offered: Fee: (percentage of basic annual salary offered)
£16,000 – £39,999 12%
£40,000 – £69,999 15%
£70,000 + 22%
Fixed-Term Contract Placement Fee
The fees for fixed-term placements will be calculated as per the Employment Agency’s ‘Scale of Fees for the introduction of permanent staff’ (detailed above) and apportioned pro-rata. The minimum fee, for fixed-term recruitment, will be applicable to a six-month placement. Should a fixed-term contract be extended, the employment agency must be made aware in writing, within seven days of the decision. The employment agency will issue a further invoice to the client for the balance of the introduction Fee.
Fixed-Term Contract Replacement Guarantee
For fixed-term contracts up to six months in duration, the replacement guarantee will be equal in weeks to the duration in months of the fixed-term contract. For example; a six-month fixed-term contract will qualify for a six-week replacement guarantee, a three-month fixed-term contract will qualify for a three-week replacement guarantee and so on. To elect for the replacement guarantee, the Client must follow the steps as set out above in the ‘Replacement Guarantee’ section. The Employment agency does not issue refunds for short-term, fixed-contract recruitment.
15) Refunds: It is not the employment agency’s policy to provide a refund for its services. The employment agency offers a free replacement guarantee during the first 12 weeks of employment only. Please see section 12 for full details.
Ultimate Selection Recruitment Ltd.
Company Registration Number 07587217 – VAT registered GB111527554