TERMS OF BUSINESS (WORK-SEEKERS)
These Terms of Business are between:-
- Team Recruitment (Poole) Limited T/A TeamJobs of Ground Floor, Fleetsbridge House, Waterloo Road, Poole, BH17 0HL, company registration number 05024891 (“Company”)
- Individuals seeking to engage the Company’s work-finding services (“You”).
- These Terms are deemed to cover the supply of services by the Company; and
- It is understood that the Company may act in its capacity as Employment Agency (Permanent supply) and / or Employment Business (Temporary supply); and
- The Company operates in the Engineering, Industrial and Commercial sectors of the Recruitment Industry.
The following definitions apply to these Terms:
Assignment means the period during which the Candidate is supplied to render services to the Client;
Assignment Schedule means the document that sets out the key detail as well as the terms and conditions applicable to the relevant Assignment;
Candidate means the person introduced by the Company to the Client for an Engagement which may be of Permanent or Temporary nature;
Client means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 and any customer of the Client requiring the services of the Candidate;
Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as may from time to time be amended;
Engagement means the engagement, employment or use of the Candidate directly by the Client or any third party or through any other company on a permanent or temporary basis, whether under contract of service or for services; an agency, license, franchise or partnership agreement; directly or through a limited company of which the Candidate is an officer or an employee. “Engage” and “Engaged” shall be construed accordingly;
IANA means the Immigration Asylum and Nationality Act 2006 as may from time to time be amended;
Introduction means (1) the passing to the Client of a CV or other information which identifies the Candidate following the Client’s instructions to the Company to search for a Candidate or (2) the interview (in person or by telephone) or Engagement of a Candidate by the Client or any third party who has obtained such information through the Client’s intermediation following the passing to the Client by the Company of a speculative CV or other information with identifies the Candidate. “Introduce” shall be construed accordingly;
Job Boards means internet-based services enabling You to actively search for suitable vacancies and enabling Clients to actively search for suitable Candidates;
Registration means (i) Your registration through the Company’s website; (ii) completion by You of the Company’s registration form, or (iii) the provision of Your Details to the Company by other means in order to be registered as a Candidate on the Company’s database with a view to using Our Services;
Our Services means the Company’s specialised skills, techniques and resources employed to find You suitable work, which may be of a Permanent or Temporary nature;
You means the individual reading these Terms of Business with a view of engaging the Company’s work-finding services;
Your Details means the personal data (including, but not limited to, your CV) You will be requested to provide when registering with the Company and any further details that may be required either by law or upon Client’s request, or such details as You may have made publicly available through Job Boards;
Your Services means the knowledge, skills, experience and techniques You will employ to perform your Assignment;
2.1 Unless the context requires otherwise, references to the singular include the plural and reference to the masculine include the feminine and vice versa.
2.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2.3 These Terms of Business contain the whole agreement between the parties and supersede and replace any prior written or oral agreements, representations or understandings between the parties, and in particular shall supersede any terms set out in any invoice, timesheet, or other communication issued by You to the Company.
3.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
- THE CONTRACT
4.1 These Terms of Business are deemed to be accepted by virtue of your Registration and / or by virtue of your agreement for the Company to forward your CV to a Client.
4.2 The Company will not forward your CV to any Client without your permission.
4.3 The Company’s work-finding services to You are provided free of charge.
4.4 These Terms of Business will not at any time be considered to constitute a contract of employment between You and the Company or any of its Clients.
5.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by You arising from or in any way connected with the Company seeking suitable work for You or from the Company’s Introduction of You to or Engagement by the Client or from the failure of the Company to find You suitable work.
5.2 For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
- THE COMPANY’S OBLIGATIONS
The Company agrees to do the following:-
At Registration stage:
6.1 Give You clear information about Our Services and what terms & conditions apply to Our Services;
6.2 Register Your Details in line with current Data Protection requirements and request any further details we may require.
At Search stage:
6.3 Match your requirements with vacancies on our database;
6.4 Provide you with details regarding the position we propose to put you forward for;
6.5 Confirm your interest in and suitability for a vacancy before passing Your Details to the relevant Client.
At Introduction stage:
6.6 Pass your details to relevant Client(s);
6.7 Arrange for You to attend an Interview;
6.8 Inform you of the outcome of your Interview.
At Offer stage:
6.9 Confirm the Client’s Offer to You;
6.10 Clarify any questions You might have;
6.11 Obtain your Acceptance of that Offer.
At Placement stage:
6.12 If your Engagement is of a temporary nature, we will send You your contract and any other relevant documentation that we are required to provide by law or that You will need for the Assignment.
6.13 If your Engagement is for permanent employment, the Client will send You your contract and any other relevant documentation.
- YOUR OBLIGATIONS
You agree to do the following:-
At Registration stage:
7.1 Provide the Company with complete and accurate personal details as requested by your Recruitment Consultant or as per the Registration Form;
7.2 Provide the Company with proof of your eligibility to work in the UK (see also clause 8 below);
7.3 Provide the Company with names and contact details of at least 2 professional referees;
7.4 Inform the Company of the type of work You are looking for;
7.5 Provide the Company with copies of any qualifications relevant to the type of work You are looking for.
At Search stage:
7.6 Give the Company permission to pass Your Details to those Clients whose vacancies You are interested in;
7.7 Provide the Company with any additional documentation the Client may require in order for You to be considered for the vacancy.
At Introduction stage:
7.8 Attend any Interviews your Recruitment Consultant may, with your agreement, arrange for You.
At Offer stage:
7.9 If your preferred type of work is of a temporary nature, inform us how You will be providing Your Services;
7.10 If applicable, provide us with a valid Opt-Out notification.
At Placement stage:
7.11 Commence Your Services on the date and time agreed.
- ELIGIBILITY TO WORK IN THE UK
8.1 The Company cannot arrange for your Employment by or Engagement to a Client unless You have provided proof of your eligibility to work in the UK as required under the IANA.
8.2 Please refer to the Company’s Registration Form or speak to Your recruitment consultant if you are not sure what documents to provide.
8.3 The Company is obliged to establish eligibility to work in the UK for all its work-seekers, regardless of nationality and including those holding British nationality.
9.1 The Company will seek to match your requirements with vacancies on its own database. The Company will match your requirements with both permanent and temporary vacancies unless You indicate otherwise.
9.2 The Company will identify possible vacancies in accordance with your preferred type of work that You provided in the Registration Form.
9.3 The Company will confirm the precise type of work in the relevant Assignment Schedule.
9.4 If we offer to Engage You (or your limited company) for a temporary Assignment in our capacity as an employment business, You (or, as appropriate, your limited company) will be Engaged under a contract for services.
9.5 We will issue you with a separate contract for any temporary Assignment, along with an Assignment Confirmation Schedule.
9.6 If during the course of a temporary assignment the Client wishes to employ You directly, You acknowledge that the Company will be entitled to charge the Client a fee, or to agree an extension of the hiring period with the Client (after which You may be employed by the Client without any further charges to the Client.)
9.7 If we Introduce and place You for a position direct with a Client, You will not be Engaged by the Company and your contract will be with the Client, details of which will be confirmed to You at offer stage.
9.8 Notice periods may vary from Assignment to Assignment depending on duration, type of work and Client requirements.
9.9 In accordance with Regulation 15(d)(ii) of the Conduct Regulations we guarantee that the minimum rate of pay we reasonably expect to realise for You shall be, where possible, equal to the pay rate amount You specified in the Registration Form, or at least equal to the national minimum wage or living wage as applicable at the time of the Assignment.
9.10 The actual rate of pay we will be able to secure for You for each Assignment will vary, but we undertake to advise You of the rate applicable to each Assignment as soon as it is known to us, and to confirm it in the relevant Assignment Schedule.
10.1 Your personal data will be held by the Company in its manual and automated filing systems. You consent to the processing and disclosure of such data both inside and, where necessary, outside the European Economic Area in order for their services to be performed and this agreement to be fulfilled.