DEFINITIONS AND MEANINGS. general definitions Additional Service - any additional specific service we provide to you, following a request from you (which may be ancillary to or as part of our service as an Employment Business, or which may relate to other business) Agency Worker - an agency worker as defined by R.3 of the AWR Assignment - an Engagement negotiated and agreed through us Associate - a person with whom we conduct business being (a) a subsidiary company (as defined by s.1159 Companies Act 2006) or associated bodies corporate (as defined by s.256 Companies Act 2006) of yours, or (b) a business (whether corporate or unincorporated) (i) which is a member of, director of, or partner in, your company or business, or (ii) of which you are a member, or director or partner, or (iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) Engagement - any engagement or employment of any description (including as defined by s.13(1) (a) of the Employment Agencies Act 1973) under an Assignment or otherwise, whether direct or indirect, under which a Candidate is due to provide any services for the benefit of you or to an End User including, but not limited in meaning to, an engagement or employment which is temporary or permanent in nature or through the intermediary of a limited company or by contract through a third party, and “Engage” and “Engaged” shall have corresponding meaning Expenses - any agreed expenses to be paid by you (a) Requirement Information - sufficient information to enable us to seek a Candidate including the role or position to be filled and date for commencement; nature of the work and/or position required; working conditions and location; proposed salary and/or other payment terms; any issues relating to health and safety and steps taken by you to prevent or control risk or information which may affect a decision to accept work; experience and qualifications required for the Candidate; details of any requirements of law or professional bodies and confirmation that you have all necessary licences and consents (b) Previous Work Information – your information as to whether the Candidate we supply or propose to supply to you has previously worked for you with the details required using the template form a copy of which is set out in Appendix B
Appears in 5 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
DEFINITIONS AND MEANINGS. general definitions Additional Service - any additional specific service we provide to you, following a request from you (which may be ancillary to or as part of our service as an Employment Business, or which may relate to other business) Agency Worker - an agency worker as defined by R.3 of the AWR Assignment - an Engagement negotiated and agreed through us Associate Fee - a person with whom we conduct business being (a) a subsidiary company (as defined fee agreed between you and us for an Additional Service provided by s.1159 Companies Act 2006) or associated bodies corporate (as defined by s.256 Companies Act 2006) of yoursus, or (b) a business (whether corporate or unincorporated)and any Expenses
(i) which is a member of, director of, or partner in, your company or business, or
(ii) of which you are a member, or director or partner, or
(iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) Candidate following an Introduction and for whose benefit the Candidate provides any services, and any associate (as defined by s.435 Insolvency Act 1986) of that third party Engagement - any engagement or employment of any description (including as defined by s.13(1) (as.13(1)(a) of the Employment Agencies Act 1973) under an Assignment or otherwise, whether direct or indirect, under which a Candidate is due to provide any services for the benefit of you or to an End User including, but not limited in meaning to, an engagement or employment which is temporary or permanent in nature or through the intermediary of a limited company or by contract through a third party, and an Offer, and “Engage” ”, and “Engaged” shall have corresponding meaning Expenses - any agreed expenses to be paid by you
(a) Requirement you Increase - any increase in Remuneration, whether or not due to increased hours, within 12 months of commencement of an Engagement Information - sufficient and accurate information to enable us to seek a Candidate including the role or position to be filled and date for commencement; nature of the work and/or position required; working conditions and location; proposed salary and/or other payment terms; any issues relating to health and safety and steps taken by you to prevent or control risk or information which may affect a decision to accept work; experience and qualifications required for the Candidate; details of any requirements of law or professional bodies and confirmation that you have all necessary licences and consentsconsents Regulations does not apply Payment Terms - under an Assignment or for any other Additional Service you shall pay the Fee within 14 days of the date of our invoice and that in all other cases you shall pay the Fee within 14 days of commencement of the Engagement, the sum due in respect of the Fee being a debt due to us, whether or not we have submitted an invoice. If payment is late you shall pay interest on any overdue sum calculated at the rate of 4% per month Regulations - the Conduct of Employment Agencies and Employment Businesses Regulations 2003 £5,000 use of the internet or web based technologies/applications or any telephonic (mobile or otherwise) messaging system, but excluding electronic email programs Additional Agreement (SAA), relevant to a stated Requirement, agreed with you and set out in a Requirement confirmation or an Assignment confirmation and which vary terms applicable only to that Requirement
(a) the fee you are obliged to pay us in the event of an Engagement, not being a supply by us under different terms relating to the supply of temporary workers or contractors – this is dependent on the type of Engagement as follows:
(i) for the permanent hire of a Candidate, namely one that is not agreed by us prior to commencement of the Engagement to be a temporary direct hire of a Candidate, our fee will be calculated in accordance with the Fee Scale, save and to the extent that any other scale or terms are stated or agreed by us to apply
(ii) for the temporary direct hire of a Candidate other than for a fixed period of less than one year in respect of which we have agreed a concession in accordance with clause 4(f) being one negotiated and agreed with us our fee is an amount based on 15% of the weekly or monthly sum that you pay to the Candidate for the period of the hire
(iii) for an Engagement in any other circumstances, a fee as if the hire were permanent and the Client shall not be entitled to any pro rata reduction for periods of hire of less than 1 year
(b) Previous Work Information – in any event any Additional Fee
(a) during the later of 12 months after
(i) an Introduction relating to the Candidate concerned, or
(ii) the last Assignment of the Candidate concerned, or
(b) after an Introduction where the Introduction was the effective cause of the Engagement Rebate - the proportion of the Fee (but not the Additional Fee) we will rebate in accordance with the Rebate Scale if all of the Rebate Conditions apply and your employment of a Candidate ends within 10 weeks of commencement of the employment (“Timescale”)
(a) the arrangement is an Assignment under which the Candidate is employed by you under a contract of service on a basis intended to be permanent, and
(b) the Candidate has not previously been Engaged by you, and
(c) the employment ends within the Timescale by reason of the fact that the Candidate is wholly unsuitable for the position offered by you and accepted by the Candidate, and
(d) you have provided us with full and correct information as to whether the position sought to be filled in accordance with clause 3(a) in relation to the Candidate, and the position is as described, and
(e) you have first paid the relevant Fee no later than 7 days after the earlier of date of commencement of the employment or the date of our invoice , and
(f) you have notified us in writing of the fact, and date, of termination no later than 3 working days after the earlier of the date of notice of termination given by either party or the date the employment ends, and
(g) you have in good faith allowed us to Introduce a suitable replacement Candidate for the same position and we supply or propose have not, within 28 days of your notification to supply us under (f), been able to you has previously worked for you with the details required using the template form a copy of make such Introduction which is set out in Appendix Bleads to an Engagement.
Appears in 3 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
DEFINITIONS AND MEANINGS. general definitions Additional Service - any additional specific service we provide to you, following a request from you (which may be ancillary to or as part of our service as an Employment Business, or which may relate to other business) Agency Worker - an agency worker as defined by R.3 of the AWR Assignment - an Engagement negotiated and agreed through us Associate - a person with whom we conduct business being (a) a subsidiary company (as defined by s.1159 Companies Act 2006) or associated bodies corporate (as defined by s.256 Companies Act 2006) of yours, or (b) a business (whether corporate or unincorporated)
(i) which is a member of, director of, or partner in, your company or business, or
(ii) of which you are a member, or director or partner, or
(iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) Engagement - any engagement or employment of any description (including as defined by s.13(1) (a) of the Employment Agencies Act 1973) under an Assignment or otherwise, whether direct or indirect, under which a Candidate is due to provide any services for the benefit of you or to an End User including, but not limited in meaning to, an engagement or employment which is temporary or permanent in nature or through the intermediary of a limited company or by contract through a third party, and “Engage” and “Engaged” shall have corresponding meaning Expenses - any agreed expenses to be paid by you
(a) Requirement Information - sufficient information to enable us to seek a Candidate including the role or position to be filled and date for commencement; nature of the work and/or position required; working conditions and location; proposed salary and/or other payment terms; any issues relating to health and safety and steps taken by you to prevent or control risk or information which may affect a decision to accept work; experience and qualifications required for the Candidate; details of any requirements of law or professional bodies and confirmation that you have all necessary licences and consents
(b) Previous Work Information – your information as to whether the Candidate we supply or propose to supply to you has previously worked for you with the details required using the template form a copy of which is set out in Appendix BB (c) Comparator Terms Information - information to enable us to determine the pay and basic working and employment conditions as set out in R.6 of the AWR that are ordinarily in force within your business and which would have been applicable had the Candidate been engaged directly by you on the first day of their assignment to do the same job, using the template form a copy of which is set out in Appendix C Introduction - the provision of information by us, whether or not such information includes the Candidate’s name, or by a Candidate that enables you to identify a Candidate or relating to a Candidate, already identified, including all negotiations between you and us relating to a Candidate, and “Introduce” and “Introducing” shall have corresponding meaning Optional Extension - an Assignment that comes into being on the applicable terms either (a) set out in clause 12 following the service of a Transfer Notice under clause 11(b), or (b) set out in clause 14(a), and for the purposes of these terms any reference to the Period of Supply includes the period of an Optional Extension Opt Out Notice - a notice of agreement between a person and a company through which that person is supplied that Regulation 32(1-8) of the Regulations does not apply Period of Supply - the period during which we actually supply a Candidate to you under an Assignment whether or not the relevant Assignment confirmation provides for a longer or shorter term Regulations - the Conduct of Employment Agencies and Employment Businesses Regulations 2003 Remuneration - the total proposed or projected sum (whichever is higher) payable by you or an End User for the benefit of the services of a Candidate under an Engagement calculated in accordance with clause 5(c) together with the value attributable by HM Revenue and Customs, or for the avoidance of doubt, would be attributed by HM Revenue and Customs were the benefit subject to tax in the UK, of all taxable benefits provided under the Engagement such value in respect of any motor vehicle being not less than £5,000 Requirement - a request from you in any form for an Introduction or other service
Appears in 1 contract
Samples: Terms of Business
DEFINITIONS AND MEANINGS. general definitions Additional Service - any additional specific service we provide to you, following a request from you (which may be ancillary to or as part of our service as an Employment Business, or which may relate to other business) Agency Worker - an agency worker as defined by R.3 of the AWR Assignment - an Engagement negotiated and agreed through us Associate - a person with whom we conduct business being (a) a subsidiary company (as defined by s.1159 Companies Act 2006) or associated bodies corporate (as defined by s.256 Companies Act 2006) of yours, or (b) a business (whether corporate or unincorporated)
(i) which is a member of, director of, or partner in, your company or business, or
(ii) of which you are a member, or director or partner, or
(iii) for which either you, or a representative of yours is authorised by you (whether expressly or impliedly) to, undertake work (other than solely in a professional capacity) Engagement - any engagement or employment of any description (including as defined by s.13(1) (a) of the Employment Agencies Act 1973) under an Assignment or otherwise, whether direct or indirect, under which a Candidate is due to provide any services for the benefit of you or to an End User including, but not limited in meaning to, an engagement or employment which is temporary or permanent in nature or through the intermediary of a limited company or by contract through a third party, and “Engage” and “Engaged” shall have corresponding meaning Expenses - any agreed expenses to be paid by you
(a) Requirement Information - sufficient information to enable us to seek a Candidate including the role or position to be filled and date for commencement; nature of the work and/or position required; working conditions and location; proposed salary and/or other payment terms; any issues relating to health and safety and steps taken by you to prevent or control risk or information which may affect a decision to accept work; experience and qualifications required for the Candidate; details of any requirements of law or professional bodies and confirmation that you have all necessary licences and consents
(b) Previous Work Information – your information as to whether the Candidate we supply or propose to supply to you has previously worked for you with the details required using the template form a copy of which is set out in Appendix B
Appears in 1 contract
Samples: Terms of Business
