Terms & Conditions Page Title | ASL Recruitment

Terms & Conditions

 

 

SCALE OF FEES

INTRODUCTION FEES
FOR PERMANENT OR CONTRACT STAFF OR TEMP TO PERM (see below)
Gross remuneration Engagement fee Gross remuneration Engagement fee
Up to £10,000 9% £10,001 - £15,000 13%
£15,001 - £20,000 17% Over £20,000 20%
REFUND (not applicable to Temp to Perm)
Normal Invoice Clients Direct Debit Clients
Month in which employment ceases Percentage of introduction fee refunded Month in which employment ceases Percentage of introduction fee refunded
Month 1 or 2 Rebate of 75% of fee Months 1-3 Rebate of 75% of fee
Month 3 or 4 Rebate of 50% of fee Months 4-6 Rebate of 50% of fee
Month 5 or 6 Rebate of 25% of fee Months 7-9 Rebate of 25% of fee
Over 6 months Nil Over 9 months Nil

ASL Recruitment Ltd offers clients a choice of payment methods. Normal Invoice clients will pay the fee in a single payment within 30 days of invoice. Direct Debit customers will benefit from a quarterly installment scheme and will pay the first payment within 30 days of invoice and the three subsequent payments will be collected by Direct Debit. Customers opting for the Direct Debit scheme will benefit from an enhanced rebate period of up to nine months - put simply, further payments will not be collected if the employment has ceased.

TEMP TO PERM

Fee chargeable if engagement during assignment, within 8 weeks of leaving assignment or within 14 weeks after commencing assignment, whichever Alternative to fee is to extend hire period. No refund terms on Temp to Perm.

Period worked Transfer fee Or Extended Hire Period
Up to 1 month 95% of Engagement fee Up to 36 weeks
Over 1 and up to 2 months 80% of Engagement fee Up to 32 weeks
Over 2 and up to 4 months 60% of Engagement fee Up to 24 weeks
Over 4 and up to 6 months 40% of Engagement fee Up to 16 weeks
Over 6 and up to 8 months 20% of Engagement fee Up to 8 weeks
Over 8 months Nil Nil

VAT at the current rate in force will be added to all fees.This scale of fees should be read in conjunction with Terms of Business of ASL Recruitment Ltd for introduction of permanent or contract staff (Issue p1/04) and for introduction and supply of agency workers (Issue t1/11) which supersede all previous issues.


TERMS OF BUSINESS

FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF

1. DEFINITIONS

1.1 These Terms of Business (Terms) are between ASL Recruitment Limited acting as an employment agency (we/us) and the Client (you) and the following definitions apply:

"Applicant" means the person introduced by us to you for an Engagement including any officer or employee of the Applicant if the Applicant is a limited company or members of our own staff;

"Client" means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Applicant is introduced;

"Engagement" means the engagement, employment or use of the Applicant in any capacity by you or any third party on a permanent or temporary basis, whether direct or otherwise;

"Introduction" means (i) your interview of an Applicant in person or by telephone, following your instruction to us to search for an Applicant; or (ii) our passing to you a curriculum vitae or other information which identifies the Applicant; and which leads to an Engagement of that Applicant;

"Remuneration" includes salary or fees, payments and other taxable (and where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or for you.

1.2 Unless context requires otherwise, references to singular include plural and vice versa.

1.3 Headings in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

1.2 These Terms constitute the contract between us and you and are deemed to be accepted by you by virtue of an Introduction to, or the Engagement of an Applicant or the passing of information about an Applicant to any third party following an Introduction.

1.3 These terms contain entire agreement between us and you and unless otherwise agreed in writing by one of our directors, these Terms prevail over any other terms of business or purchase conditions put forward by you.

1.4 No variation or alteration of these Terms shall be valid unless details of such variation are agreed between us and you and set out in writing and a copy of the varied terms given to you stating date on or after which such varied terms shall apply.

3. INTRODUCTION AND FEES

1.5 You agree

1.5.1 to notify us immediately of any offer of an Engagement you make to the Applicant;

1.5.2 to notify us immediately your offer of an Engagement to the Applicant has been accepted and to provide to us details of the Remuneration; and

1.5.3 topay our fee in Sterling (whilst Sterling remains legal tender in UK) within 30 days of invoice date.

1.6 You incur no fee until Applicant commences the Engagement when we will render an invoice to you for our fees.

1.7 You accept our reserved statutory right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (together with any and all additions and/or amendments thereto) and the Late Payment of Commercial Debts Regulations 2002 (together with any and all additions and/or amendments thereto) if we are not paid according to our agreed credit terms.

1.8 The fee payable to us by you for an Introduction resulting in an Engagement is calculated in accordance with our accompanying scale of fees on annual Remuneration at commencement of Engagement. VAT is payable in addition to the fee.

1.9 If there are exceptional circumstances (commission etc) where an annualised pay figure cannot be determined at outset, we will agree with you (and confirm in writing) a pay figure on which our fee will be based, before the Introduction.

1.10 A fee in accordance with clause 3.4 will be payable in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through us, whether direct or indirect, within 6 months from the date of our Introduction.

1.11 For an Introduction of an Engagement to last for less than 12 months, we will agree with you (and confirm in writing) a special fee, before the Introduction. You must tell us if there is any extension of the short term Engagement and pay an additional fee pro rata. If you subsequently engage or re-engage the Applicant within 6 months from date of termination of Engagement or withdrawal of offer, a full fee calculated in accordance with clause 3.4 is payable, with no entitlement to any refund.

1.12 Introductions of Applicants are confidential. Disclosure by you to a third party of any details regarding an Applicant introduced by us which results in an Engagement with that third party within 6 months of the Introduction renders you liable to payment of our fee as set out in clause 3.4 with no entitlement to any refund.

1.13 If Remuneration not ascertainable (or agreed in accordance with clause 3.5 above) we will charge a fee calculated in accordance with clause 3.4 on minimum level of remuneration applicable for the position in which Applicant engaged with regard to any information supplied to us by you and/or comparable positions in the market generally for such positions.

1.14 If you receive details of an Applicant from other agency(s) you must advise us without delay in order to establish which agency instrumental in the Engagement and due the fee.

4. REFUNDS

4.1 To qualify for refund guarantee you must notify us in writing of termination of engagement within 7 days of its termination and have met our payment terms as set out in clause 3.1.3.

4.2 Except in the case of clause 3.7 above, if Engagement terminates before expiry of 9 Months from commencement of Engagement our fee will be rebated as set out in our scale of fees.

4.3 If an Applicant engaged by you approaches us during any rebate period to ask for alternative employment and is offered and accepts alternative employment through our agency within rebate period, rebate is payable from date of acceptance of new offer.

4.4 Where the engagement is terminated for reasons of redundancy or pregnancy no refund will be made.

5. INFORMATION TO BE PROVIDED

5.1 To enable us to comply with our obligations under these Terms you undertake to provide to us details of position you seek to fill, including type of work Applicant required to do; location and hours or work; experience, training, qualifications and any authorisation you consider necessary or which required by law or any professional body for Applicant to possess in order to work in the position; and any risks to health or safety known to you and what steps you have taken to prevent or control such risks. In addition you shall provide details of date you require Applicant to commence, duration or likely duration of the work; minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and length of notice Applicant to give and entitled to receive to terminate their employment with you.

5.2 You shall advise us of any reason why it would be detrimental to the interests of the Applicant to work in the position you are seeking to fill.

6. SUITABILITY

6.1 We endeavour to ensure suitability of any Applicants introduced to you by obtaining confirmation of Applicant’s identity and entitlement to work in UK; that Applicant has the experience, training, qualifications and any authorisation you consider necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position you seek to fill.

6.2 When proposing an Applicant to you we will inform you of such matters in clause 6.1 as we have obtained confirmation of. Where such information is not given in paper form or by electronic means it will be confirmed by such means by end of third business day (excluding Saturday, Sunday and Public Holidays) following, save where Applicant is being proposed for a position which is same as one in which the Applicant has worked within previous five business days and such information has already been given to you.

6.3 We endeavour to take all such steps as are reasonably practicable to ensure you and Applicant are aware of any requirements imposed by law or any professional body to enable Applicant to work in position you seek to fill and to ensure it would not be detrimental to your interests or Applicant interests to work in said position.

6.4 Notwithstanding clauses 6.1, 6.2 and 6.3 above, you shall satisfy yourselves as to the suitability of Applicants and shall take up any references provided by Applicants and/or us. You are responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the Applicant is engaged to work.

6.5 Where Applicant is required by law, or any professional body, to have any qualifications or authorisations to work in the position you seek to fill; or work involves caring for or attending one or more persons under the age of 18, or any person who by reason or age, infirmity or who is otherwise in need of care or attention, we will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications of the Applicant, two references from persons not related to the Applicant who have agreed the references they provide may be disclosed to you and all other reasonably practical steps to confirm Applicant is suitable for the position. If we are unable to do any of the above we shall inform you of steps taken to obtain this information.

6.6 We shall notify you immediately if, within 3 months of Engagement of an Applicant, we receive or otherwise obtain information which gives us reasonable grounds to believe the Applicant is or may be unsuitable for the position in which employed.

7. LIABILITY

7.1 We 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 us seeking an Applicant for you or from the Introduction to or Engagement of any Applicant by you or from our failure to introduce any Applicant. For avoidance of doubt, we do not exclude liability or personal injury arising from our own negligence.

8. LAW AND PRACTICE

8.1 These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

8.2 Whilst we consider these Terms are reasonable in normal circumstances, if any one or more of these Terms shall be judged to be void as going beyond what is reasonable in any particular circumstances for the protection of our legitimate business interests but would be valid if some part of these Terms were deleted or a period reduced, such term shall apply with such modification as necessary to make it valid.

8.3 These Terms are valid for new business from 6 April 2004, for all business from 6 July 2004, and supersede any previous Terms.

Issue P1-04

 

TERMS OF BUSINESS

FOR THE INTRODUCTION AND SUPPLY OF AGENCY WORKERS

1. DEFINITIONS

1.1 These Terms of Business (Terms) are between ASL Recruitment Limited acting as an employment business (we/us) and the Client (you) and the following definitions apply:"agency worker" means the person introduced by us to render services to you;

"Assignment" means the period during which the agency worker is supplied to render services to you;

"Client" means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the agency worker is supplied or introduced;

"Engagement" means any engagement, employment or use of the agency worker in any capacity on a permanent or temporary basis, whether direct or otherwise;

"Introduction" means (i) your interview of an agency worker in person or by telephone, following your instruction to us to search for an agency worker; or (ii) our passing to you a curriculum vitae or other information which identifies the agency worker; and which leads to an Engagement of that worker;

"Introduction Fee" means fee payable in accordance with clause 7.1.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

"Relevant Period" means during Assignment or later of either the period ending 14 weeks from first day* on which agency worker supplied by us to work for you, or the period ending 8 weeks from day after agency worker last supplied by us to you; *first day of first occasion of supply or first day of subsequent Assignment if more than 42 days since end of previous Assignment;

"Remuneration" means salary or fees, payments and other taxable (or where applicable, non-taxable) emoluments payable to or receivable by the agency worker for services rendered to you;

"Transfer Fee" means fee payable in accordance with clause 7.1.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

1.2 Unless context requires otherwise, references to the singular include the plural and vice versa.

1.3 Headings in these Terms are for convenience only and do not affect their interpretation.

2. THE CONTRACT

1.2 These Terms constitute the contract between us and you for supply of agency worker services by us to you and are deemed to be accepted by you by virtue of your request for, interview with, or Engagement of, the agency worker or the passing of any information about the agency worker to any third party following an Introduction.

1.3 These Terms contain entire agreement between us and you and unless otherwise agreed in writing by one of our directors, these Terms prevail over any terms of business or purchase conditions put forward by you.

1.4 No variation or alteration of these Terms shall be valid unless details of such variation agreed between us and you and set out in writing and a copy of the varied terms given to you stating date on or after which such varied terms shall apply.

1.5 Additional terms apply for supply of agency workers as LGV drivers. If we are to supply LGV drivers you should ensure these additional terms are appended hereto.

3. CHARGES

3.1 You agree to pay our hourly charges as notified to and agreed with you. Charges are calculated according to number of hours worked by agency worker (to nearest quarter hour). Charges comprise mainly Remuneration plus our charges, employer National Insurance contributions and holiday pay calculated as a percentage of Remuneration. Other reasonable expenses as may be agreed shall be itemised on our invoice in addition to hourly charges. VAT is payable on the entirety of these charges and on any fees payable under these Terms.

3.2 If you reduce or cancel bookings less than four working hours before commencement of Assignment, we reserve the right to make a charge equivalent to 4 hours being worked by each agency worker booked for Engagement, at hourly charge rate agreed for the booking.

3.3 Charges are invoiced weekly and are payable in Sterling (whilst Sterling remains legal tender in UK) within 7 days of receipt of our invoice. You accept our reserved statutory right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (together with any and all additions and/or amendments thereto) and the Late Payment of Commercial Debts Regulations 2002 (together with any and all additions and/or amendments thereto) if we are not paid according to our agreed credit terms. Payment must be made without deduction or set off.

3.4 Where the client is a corporate body, its Directors and principals agree to act as personal guarantors and indemnify us againstany loss, damage, costs or expenses that may arise from any default on its part in the performance and observation of the terms of this agreement.

3.5 There will be no rebates payable in respect of Employment Business charges for Agency Workers.

4. INFORMATION TO BE PROVIDED

4.1 You shall advise us of any special health and safety matters about which we are required to inform agency workers and about any requirements imposed by law or by any professional body, which must be satisfied by agency workers accepting the Assignment. You will assist us in complying with our duties under the Working Time Regulations and Agency Workers Regulations by supplying any relevant information about the Assignment requested by us and you will not do anything to cause us to be in breach of our obligations under these Regulations. Where you require or may require the services of an agency worker for more than 48 hours in any week, you must notify us of this requirement before the commencement of that week. For avoidance of doubt, a normal working week shall commence Monday.

4.2 You shall advise us of any reason why it would be detrimental to the interests of the agency worker to fill the Assignment.

4.3 You shall confirm the agency worker will not undertake any duties normally performed by a worker who is taking part in official strike action or by any other worker assigned to replace the worker taking such action.

4.4 When making an Introduction of an agency worker to you, we shall inform you of their identity, that they have the necessary or required experience, training, qualifications and any authorisation required by law or professional body to work in the Assignment; whether they will be engaged under a contract of service or apprenticeship or a contract for services; and that they are willing to work in the Assignment.

4.5 Where our information is not given in paper form or by electronic means it shall be confirmed by such means by end of third business day (excluding Saturday, Sunday and Public Holidays) following, save where agency worker is being introduced for an Assignment in same position as one in which the agency worker previously supplied within previous five business days and such information has already been given to you.

4.6 During an Assignment we shall notify you immediately if we receive or otherwise obtain information which indicates agency worker supplied to you may be unsuitable for Assignment; we shall make further enquiries as are reasonably practicable and inform you of outcome of enquiries.

5. TIME SHEETS

5.1 At the end of each week of an Assignment (or at end of Assignment where it is for period of one week or less or is completed before end of a week) you shall sign our time sheet verifying number of hours worked by agency worker during that week.

5.2 Signature of time sheet by you is confirmation of number of hours worked. If you are unable to sign a time sheet produced for authentication because you dispute hours claimed, you shall inform us as soon as is reasonably practicable and co-operate with us to establish what hours, if any, were worked. Failure to sign the time sheet does not absolve your obligation to pay charges in respect of hours worked.

5.3 You are not entitled to decline to sign a time sheet on basis you are dissatisfied with work performed by agency worker. In cases of unsuitable work you should apply the provisions of clause 10.1 below.

5.4 In the event of a timesheet not being authorised, we will advise you of the estimated hours and request written confirmation of the estimate. You agree that failure to respond to such a request will be deemed as confirmation of the estimated hours, and agreement to pay invoices against this estimate at the rates agreed for the assignment. You agree to notify us in writing of any errors in this estimate within three working days of such a request. We will undertake not to delay payment to the agency worker for more than one week.

6. PAYMENT OF AGENCY WORKERS

1.6 We assume responsibility for paying agency workers and, where appropriate, for deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the agency workers pursuant to sections 44-47 of Income Tax (Earnings and Pensions) Act 2003. For avoidance of doubt, we also assume responsibility for payment of paid leave required under the Working Time Regulations.

7. TRANSFER AND INTRODUCTION FEES

1.7 In event of Engagement (or Introduction) of an agency worker supplied by us either (1) directly by you or (2) by you pursuant to being supplied by another employment business, within the Relevant Period, you will become liable to either

1.7.1 Elect to give us 7 days notice to take an extended period of hire (or period of hire) of the agency worker in accordance with our accompanying scale of fees, during which we shall be entitled to charges set out in clause 3.1 above for each hour agency worker is so employed or supplied; or

1.7.2 Pay a Transfer Fee (or Introduction Fee) calculated as a percentage of Remuneration at commencement of Engagement in accordance with our accompanying scale of fees. No refund of Transfer Fee (or Introduction Fee) will be paid if Engagement subsequently terminates.

1.8 If Engagement of agency worker is for a term of less than 12 months, Transfer Fee (or Introduction Fee) will apply pro rata. If Engagement extends beyond initial term or if you re-engage agency worker within 2 months of termination of first Engagement you will be liable to pay a further fee on same basis. No refund of Transfer Fee (or Introduction Fee) will be paid if Engagement subsequently terminates.

1.9 If agency worker is introduced by you to a third party which results in Engagement of agency worker by the third party within the Relevant Period you will be liable to pay a Transfer Fee (or Introduction Fee) as detailed clause 7.1.2 above.

8. LIABILITY

1.10 Whilst we make every effort to give satisfaction by ensuring reasonable standards of skills, integrity and reliability from agency workers and further to provide them in accordance with booking details, we are not liable for any loss, expense, damage or delay arising from any failure to provide any agency worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the agency worker. For avoidance of doubt, we do not exclude liability for death or personal injury arising from our own negligence.

1.11 Agency workers we supply are engaged by us under contracts for services. They are not our employees, and are deemed to be under your supervision, direction and control from the time they report to take up duties and for duration of the Assignment. You agree to be responsible for all acts, errors or omissions of the agency workers whether wilful, negligent or otherwise as if the agency workers were on your payroll. You will also comply in all respects with all statutes including, for avoidance of doubt, the Working Time Regulations, Agency Workers Regulations, Health and Safety At Work Act etc, bye-laws, codes of practice and legal requirements to which you are ordinarily subject in respect of your own staff, including in particular the provision of adequate Employer's and Public Liability Insurance cover for agency workers during all Assignments.

1.12 You shall indemnify us and keep us indemnified against any costs, claims and liabilities incurred by us arising out of any Assignment or arising out of non-compliance with clauses 8.2 and/or as a result of any breach of these Terms by you.

9. SPECIAL SITUATIONS

1.13 Where agency worker required by law, or any professional body, to have any qualifications or authorisations to work on Assignment or Assignment involves caring for or attending one or more persons under the age of 18 or any person who by reason or age, infirmity or who is otherwise in need of care or attention, we will take all reasonably practicable steps to obtain and offer to provide copies of any relevant qualifications or authorisations, two references from persons not related to agency worker who have agreed references they provide may be disclosed to you and all other reasonably practicable steps to confirm agency worker suitable for the Assignment. If we are unable to do any of the above we will inform you of the steps taken to obtain this information.

10. TERMINATION

10.1 You undertake to supervise the agency worker sufficiently to ensure your satisfaction with agency worker's standards of workmanship. If you reasonably consider services of the agency worker are unsatisfactory, you may terminate the Assignment either by instructing agency worker to leave the Assignment immediately, or by directing us to remove agency worker. In such circumstances we may reduce or cancel the charge for the time worked by that agency worker, provided Assignment terminates within 4 hours from commencement and you tell us within 3 working days.

10.2 Agency worker or you or we may terminate an Assignment at any time without prior notice and without liability.

10.3 You shall notify us immediately and without delay and in any event within 48 hours if agency worker fails to attend work or notifies you they are unable to attend work for any reason.

10.4 We shall notify you immediately if we receive or otherwise obtain information which gives us reasonable grounds to believe agency worker supplied to you is unsuitable for Assignment and will terminate Assignment under provisions of clause 10.2

11. LAW AND PRACTICE

1.14 These Terms are governed by the law of England and are subject to the exclusive jurisdiction of the Courts of England.

1.15 Whilst we consider these Terms are reasonable in normal circumstances, if any one or more of these Terms shall be judged to be void as going beyond what is reasonable in any particular circumstances for the protection of our legitimate business interests but would be valid if some part of these Terms were deleted or a period reduced, such term shall apply with such modification as necessary to make it valid.

1.16 These terms are valid for new business from 1 August 2011, for all business from 1 October 2011, and supersede any previous Terms.

Issue T1-11