Terms & Conditions
TERMS OF BUSINESS FOR THE SUPPLY OF TEMPORARY STAFF SERVICES
1. These Terms and Conditions of Business are between The Judith Hearn Agency Ltd and/or any subsidiaries or associates, hereinafter the ‘Employment Business’ and the hirer hiring the Temporary Worker (hereinafter called the ‘Client’).
2. These Terms and Conditions are deemed to be accepted by the Client by virtue of an interview or the engagement by the Client (which term includes employment or use whether under a contract of Service or for services or under an agency, licensee, franchise or partnership agreement) of a Temporary worker (hereinafter called a ‘Temporary Worker’) introduced by the Employment Business.
3. The Client agrees to pay the hourly charge of the Employment Business advised at the time of the booking. The Client agrees to verify and sign the Employment Business time sheets each week. Signature of such time sheets by the Client constitutes acceptance that the Temporary Worker has worked satisfactorily for the hours indicated on the time sheet calculated to the nearest 15 minutes, subject to an eight-hour minimum charge. Failure to sign the timesheet does not alter the Clients liability to pay for hours worked. Travelling, hotel, or other expenses as may be agreed shall be itemised on the Employment Business invoice in addition to this charge. These charges will be those in force at the time of the assignment and may be varied from time to time with immediate effect. Details of charges are available on application and are calculated on an hourly basis. VAT shall be charged in addition.
4. Charges which largely represent remuneration paid are invoiced weekly and are payable within 30 days of the Employment Business invoice.
5. The Employment Business assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE), applicable to the Temporary Worker as required by law.
6. The engagement or use by a Client of a Temporary Worker or former Temporary Worker introduced by the Employment Business whether for a definite or indefinite period, or the introduction of such Temporary Worker to other employers with resulting engagement, (or, where applicable, if the Temporary Worker has become incorporated under a limited company, the engagement, use or introduction of that limited company) renders the Client subject to the payment of an introduction fee calculated at 12.5% of the annual commencing gross taxable remuneration and taxable emoluments payable by the Client to the worker concerned, provided that the engagement takes place within a period of 3 months from the termination of any temporary assignment, or within 6months of the introduction of the Temporary Worker, whichever is later. Where the amount of the annual commencing remuneration is not readily ascertainable, the fee will be calculated as a multiple of 275 times the hourly charge at which the Temporary Worker was last supplied to the Client by Employment Business to the Client in the event of the subsequent termination of such engagement.
7. Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from workers and further to provide them in accordance with booking detail, no liability will be accepted by the Employment Business for any loss, expense, damage or delay arising from any failure to provide any particular Temporary Worker for all or part of the period of booking or from negligence, dishonesty, misconduct or lack of skill of the Temporary Workers provided.
8. The Client undertakes to supervise the Temporary Worker(s) assigned to him sufficiently to ensure the Clients satisfaction with reasonable standards of workmanship. If the services of the Temporary Worker prove to be unsatisfactory, the Client may terminate the assignment either by telling the Temporary Worker to leave the assignment immediately or by asking the Employment Business to remove the Temporary Worker. The Employment Business may in such circumstances reduce or cancel the charge for the time worked by that Temporary worker, provided that verbal notification of the unsuitability of the Temporary worker is given at the time and confirmed in writing to the Employment Business within 24 hours.
9. a. Temporary Workers engaged by the Employment Business under contracts for services are deemed to be under the direction and control of the Client from the time the worker reports to take up duties and for the duration of the assignment and the Client agrees to be responsible for all acts, errors or omissions be they wilful negligent or otherwise as though the worker were on the payroll of the Client and the Client will in all respects comply with all statutes, by-laws, codes of practise and legal requirements to which the Client is ordinarily subject in respect of the Clients own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all assignments but excluding the matters specifically mentioned in Paragraph 5 above.
b. The Client shall indemnify and keep indemnified the Employment Business against any costs, claims and liabilities incurred by the Employment Business arising out of the assignment.
10. ADDITIONAL TERMS RELATING TO THE SUPPLY OF TEMPORARY WORKERS AS DRIVERS OF “O” LICENSED VEHICLES (hereinafter called “the drivers”)
Temporary Drivers are supplied by the employment business on the sole understanding that the client holds an operators licence under the Transport Act 1968 where required.
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 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 including but not limited to Comprehensive Insurance for the vehicle to be driven by the Temporary Worker. The Client shall on request permit the Employment Business to inspect its Operators Licence and policies of insurance for the vehicles to be driven by the Temporary Worker.
To assist Clients in complying with the relevant provisions of the Transport Act the Employment Business agrees to provide the Client, upon request, with such information as is available to the Employment Business about any driving assignments carried out by the driver in the seven days immediately preceding the commencement of an assignment with the client, provided the driver shall have worked for a client of the Employment Business during those seven days.
11. No variation can be made to these terms without the written consent of a director of the Employment Business.