Common use of Employment by the Authority Clause in Contracts

Employment by the Authority. 1.19.1 The Authority does not view this Framework Agreement as a formal testing ground for potential staff recruitment/employment. The Contractor must not give temporary/interim workers or candidates any expectation that a temporary/interim assignment through this Framework Agreement will lead to recruitment/employment with a Framework Public Body. However, it is recognised that the Contractor’s temporary/interim workers or candidates may seek employment with a Framework Public Body. 1.19.2 The Conduct of Employment Agencies and Employment Businesses Regulations 2003 govern when a transfer fee, also known as a ‘temp to perm’ fee can be charged. Under Regulation 10 of these Regulations, a ‘temp to perm’ fee can only be charged where the temporary worker takes up a permanent job with the client (e.g. Framework Public Body) within either 14 weeks from the start of the assignment or within eight weeks after the end of the assignment, whichever is later. This means the client (e.g. Framework Public Body) may take on a temporary worker any time after eight weeks of the end of the assignment without paying a ‘temp to perm’ fee. 1.19.3 The contract between the Contractor and the client, (e.g. Framework Public Body) must include all transfer fees and conditions and be in accordance with the Pricing Schedule at Schedule 2. In summary, the Contractor can only charge a ‘temp to perm’ fee if all of the following apply:  the contract with the client (e.g. Framework Public Body) gives them the option to extend the workers assignment;  the client (e.g. Framework Public Body) doesn’t take the option to extend the assignment;  the client (e.g. Framework Public Body) gives the worker a permanent job less than 8 weeks after the end of their initial assignment – or less than 14 weeks after it started if that is later. If the temporary worker has had more than one assignment with the client (e.g. Framework Public Body) and there were more than 42 days between assignments, the later assignment is treated as if it is the first one. Please see links below for further information. 1.19.4 The formula for calculating ‘temp to perm’ fees will be agreed for the Framework duration (and any Call-Off Contract awarded under this Framework Agreement), as part of the Framework Agreement terms and conditions. See the Pricing Schedule at Schedule 2.

Employment by the Authority. 1.19.1 The Authority does not view this Framework Agreement as a formal testing ground for potential staff recruitment/employment. The Contractor must not give temporary/interim workers or candidates any expectation that a temporary/interim assignment through this Framework Agreement will lead to recruitment/employment with a Framework Public Body. However, it is recognised that the Contractor’s temporary/interim workers or candidates may seek employment with a Framework Public Body. 1.19.2 The Conduct of Employment Agencies and Employment Businesses Regulations 2003 govern when a transfer fee, also known as a ‘temp to perm’ fee can be charged. Under Regulation 10 of these Regulations, a ‘temp to perm’ fee can only be charged where the temporary worker takes up a permanent job with the client (e.g. Framework Public Body) within either 14 weeks from the start of the assignment or within eight weeks after the end of the assignment, whichever is later. This means the client (e.g. Framework Public Body) may take on a temporary worker any time after eight weeks of the end of the assignment without paying a ‘temp to perm’ fee. 1.19.3 It is understood that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 may not apply to all agency staff and understand that it is reasonable to expect a transfer fee in certain circumstances. The same criteria will therefore apply to Interim IT and Interim Professionals. 1.19.4 The contract between the Contractor and the client, (e.g. Framework Public Body) must include all transfer fees and conditions and be in accordance with the Pricing Schedule at Schedule 2. In summary, the Contractor can only charge a ‘temp to perm’ fee if all of the following apply:  the contract with the client (e.g. Framework Public Body) gives them the option to extend the workers assignment;  the client (e.g. Framework Public Body) doesn’t take the option to extend the assignment;  the client (e.g. Framework Public Body) gives the worker a permanent job less than 8 weeks after the end of their initial assignment – or less than 14 weeks after it started if that is later. If the temporary worker has had more than one assignment with the client (e.g. Framework Public Body) and there were more than 42 days between assignments, the later assignment is treated as if it is the first one. Please see links below for further information. 1.19.4 1.19.5 The formula for calculating ‘temp to perm’ fees will be agreed for the Framework duration (and any Call-Off Contract awarded under this Framework Agreement), as part of the Framework Agreement terms and conditions. See the Pricing Schedule at Schedule 2.

Employment by the Authority. 1.19.1 The Authority does not view this Framework Agreement as a formal testing ground for potential staff recruitment/employment. The Contractor must not give temporary/interim workers or candidates any expectation that a temporary/interim assignment through this Framework Agreement will lead to recruitment/employment with a Framework Public Body. However, it is recognised that the Contractor’s temporary/interim workers or candidates may seek employment with a Framework Public Body. 1.19.2 The Conduct of Employment Agencies and Employment Businesses Regulations 2003 govern when a transfer fee, also known as a ‘temp to perm’ fee can be charged. Under Regulation 10 of these Regulations, a ‘temp to perm’ fee can only be charged where the temporary worker takes up a permanent job with the client (e.g. Framework Public Body) within either 14 weeks from the start of the assignment or within eight weeks after the end of the assignment, whichever is later. This means the client (e.g. Framework Public Body) may take on a temporary worker any time after eight weeks of the end of the assignment without paying a ‘temp to perm’ fee. 1.19.3 It is understood that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 may not apply to all agency staff and understand that it is reasonable to expect a transfer fee in certain circumstances. The same criteria will therefore apply to Interim IT and Interim Professionals. 1.19.4 The contract between the Contractor and the client, (e.g. Framework Public Body) must include all transfer fees and conditions and be in accordance with the Pricing Schedule at Schedule 2. In summary, the Contractor can only charge a ‘temp to perm’ fee if all of the following apply:  • the contract with the client (e.g. Framework Public Body) gives them the option to extend the workers assignment;  • the client (e.g. Framework Public Body) doesn’t take the option to extend the assignment;  • the client (e.g. Framework Public Body) gives the worker a permanent job less than 8 weeks after the end of their initial assignment – or less than 14 weeks after it started if that is later. If the temporary worker has had more than one assignment with the client (e.g. Framework Public Body) and there were more than 42 days between assignments, the later assignment is treated as if it is the first one. Please see links below for further information. 1.19.4 1.19.5 The formula for calculating ‘temp to perm’ fees will be agreed for the Framework duration (and any Call-Off Contract awarded under this Framework Agreement), as part of the Framework Agreement terms and conditions. See the Pricing Schedule at Schedule 2.

Employment by the Authority. 1.19.1 The Authority does not view this Framework Agreement as a formal testing ground for potential staff recruitment/employment. The Contractor must not give temporary/interim workers or candidates any expectation that a temporary/interim assignment through this Framework Agreement will lead to recruitment/employment with a Framework Public Body. However, it is recognised that the Contractor’s temporary/interim workers or candidates may seek employment with a Framework Public Body. 1.19.2 The Conduct of Employment Agencies and Employment Businesses Regulations 2003 govern when a transfer fee, also known as a ‘temp to perm’ fee can be charged. Under Regulation 10 of these Regulations, a ‘temp to perm’ fee can only be charged where the temporary worker takes up a permanent job with the client (e.g. Framework Public Body) within either 14 weeks from the start of the assignment or within eight weeks after the end of the assignment, whichever is later. This means the client (e.g. Framework Public Body) may take on a temporary worker any time after eight weeks of the end of the assignment without paying a ‘temp to perm’ fee. 1.19.3 The contract between the Contractor and the client, (e.g. Framework Public Body) must include all transfer fees and conditions and be in accordance with the Pricing Schedule at Schedule 2. In summary, the Contractor can only charge a ‘temp to perm’ fee if all of the following apply:  • the contract with the client (e.g. Framework Public Body) gives them the option to extend the workers assignment;  • the client (e.g. Framework Public Body) doesn’t take the option to extend the assignment;  • the client (e.g. Framework Public Body) gives the worker a permanent job less than 8 weeks after the end of their initial assignment – or less than 14 weeks after it started if that is later. If the temporary worker has had more than one assignment with the client (e.g. Framework Public Body) and there were more than 42 days between assignments, the later assignment is treated as if it is the first one. Please see links below for further information. 1.19.4 The formula for calculating ‘temp to perm’ fees will be agreed for the Framework duration (and any Call-Off Contract awarded under this Framework Agreement), as part of the Framework Agreement terms and conditions. See the Pricing Schedule at Schedule 2.