Terms and Conditions
1. Definitions in These Terms:
1.1. “Client” means the person, firm or corporate body to whom the Employment Agency Introduces a Candidate;
1.2. “Candidate” means the person Introduced by the Employment Agency to the Client for an Engagement including, but not limited to, any officer or employee of the Candidate if the Candidate is a limited company, any member or employee of the Candidate if the Candidate is a limited liability partnership and members of the Employment Agency’s own staff;
1.3. “Data Protection Legislation” means all Applicable Laws and codes of practice applicable to the Processing of Personal Data including the GDPR.
1.4. “Employment Agency” means MRJ Recruitment Limited (company number 07097074), incorporated in England and Wales with a registered office at Mellor House, 65 - 81 St Petersgate, Stockport, SK1 1DS
1.5. “Engagement” means the engagement, employment or use of the Candidate by the Client or by any Third Party to whom or to which the Candidate was Introduced by the Client (with or without the Employment Agency’s knowledge or consent) on a permanent or temporary basis, howsoever engaged (whether directly or indirectly); and “Engages” and “Engaged” shall be construed accordingly;
1.6. "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.
1.7. “Introduction” means the passing to the Client of a curriculum vitæ or information which identifies the Candidate; and which leads to an Engagement of that Candidate; following the Client’s instruction to the Employment Agency to search for a Candidate.
1.8. “Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003, and references to this particular Regulation are references contained therein;
1.9. “Terms” means these Terms of Business as further defined by clause 2;
1.10. “Third Party” means any company or person who is not the Client. For the avoidance of doubt, subsidiary and associated companies of the Client (as defined by s.1159 of the Companies Act 2006 and s.416 of the Income and Corporation Taxes Act 1988 respectively) are included in this definition.
2. These Terms
2.1. These Terms constitute the entire agreement between the Employment Agency and the Client in relation to the subject matter hereof and are deemed to be accepted by the Client and to apply by virtue of: (a) an Introduction to the Client of, or the Engagement by the Client of, a Candidate or (b) the passing of information about the Candidate by the Client to any Third Party or (c) the Client’s interview or request to interview a Candidate or (d) the Client’s signature at the end of these Terms or (e) any other written expressed acceptance of these Terms. For the avoidance of doubt, these Terms apply whether or not the Candidate is Engaged by the Client for the same type of work as that for which the Introduction was originally affected.
2.2. These Terms supersede all previous agreements between the parties in relation to the subject matter hereof.
2.3. These Terms prevail over any other terms of business or purchase conditions put forward by the Client.
2.4. The Client authorises the Employment Agency to act on its behalf in seeking Candidates and, if the Client so requests, shall advertise for such Candidates through such methods as are agreed with the Client.
2.5. For the purposes of these terms, the Employment Agency acts as an employment agency as defined within the Regulations.
3. Obligations of the Employment Agency
3.1. The Employment Agency shall use reasonable endeavours to introduce suitable Candidates to meet the requirements of the Client for any particular vacancy. Without prejudice to clause 3.2 below, the Employment Agency shall use reasonable endeavours to ascertain that the information provided by the Employment Agency to the Client in respect of the Candidate is accurate.
3.2. The Employment Agency will use reasonable endeavours to ensure the suitability of the Candidate, but it does not take up references nor seek independent verification of the information supplied by a Candidate. No warranty either expressed or implied is given by Employment Agency as to the suitability of the Candidate for the purposes of the Client or as to the accuracy of any references supplied or qualifications of the Candidate. The Employment Agency accepts no responsibility in respect of matters outside its knowledge.
3.3. All information given by Employment Agency about a Candidate is given in good faith and in reliance on information given to Employment Agency by the Candidate. It shall be the responsibility of the Client to take such steps necessary, to satisfy itself of the suitability of the Candidate and to verify the accuracy of the information supplied by or any statement made by the Candidate. The Client is strongly advised to take up any references provided by the Candidate before Engagement.
3.4. The Client shall be responsible for obtaining all work, security and other permits, verifying professional and academic qualifications, the arrangement of medical examinations and/or investigations into the medical history of the Candidate, satisfying any medical and other requirements or qualifications required by law for the position, which the Candidate is sought.
3.5. For the purposes of these terms, the Employment Agency acts as an employment agency as defined within the Regulations.
4. Client Obligations
4.1. To enable the Employment Agency to comply with its obligations under clause 3 the Client undertakes to provide to the Employment Agency details of the positions which the Client seeks to fill, including the type of work that the Candidate would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks.
4.2. The Client shall provide details of the date the Client requires the Candidate to commence work, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Candidate would be entitled to give and receive to terminate the employment with the Client.
4.3. The Client agrees to pay the Employment Agency’s fee within the period set out in clause 5.4.
4.4. The Client shall not seek to cause the Employment Agency to, unlawfully discriminate in relation to the services provided by the Employment Agency to the Client in connection with these Terms and shall disclose any and all information requested by the Employment Agency in the event a Candidate makes a complaint to the Employment Agency.
5. Fees & Invoicing
5.1. The Introduction Fee calculated in accordance with clause 5.4 below is payable when a Client engages the Candidate within a period of 12 calendar months from the date of the Introduction.
5.2. The Client agrees to pay the Agency’s fee within 14 days of the date of invoice.
5.3. The Agency reserves the right to charge a late payment penalty of £75 for each 7 day period, or part thereof, where invoiced amounts remain unpaid for more the 30 days after the due date of the invoice.
5.4. The Introduction Fee The introduction fee payable to the Recruitment Agency by the Client is the amount equal to 20%. (VAT will be charged on the fee if applicable)
5.5. Where prior to the commencement of the Engagement Employment Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the fee will be calculated pro rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) reEngages the Candidate within 12 calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further fee based on the additional remuneration applicable for the extended period of Engagement.
6. Rebates
6.1. In the event that the Engagement of the Candidate is terminated by the Client or by the Candidate within the time periods specified below, the Client shall be entitled to a rebate of the fee pursuant to the table below (assuming it is in accordance with clause 6.2):
Engagement Duration % of fee to be refunded
Week 1 – 2 100
Week 3 – 4 75
Week 5 – 6 50
Week 7 – 8 25
6.2. The following conditions must be met in order for the Client to qualify for a rebate:
- the Client must notify the Employment Agency in writing that the Candidate’s Engagement has ended within 7 business days of the Engagement ending or within 7 business days of notice being given to end the Engagement; whichever is earlier;
- the Employment Agency’s invoice for the fee must have been paid within the payment terms in accordance with clause 5.2;
- the Candidate’s engagement is not terminated by reason of redundancy or re-organisation or change in strategy of the Client;
- the Candidate did not leave the Engagement as a result of discrimination of any kind or other acts against the Candidate;
- the Candidate was not at any time in the 12 months prior to the start of the Engagement employed or hired (whether on a permanent or contract basis) by the Client.
6.3. Where the Client re-engages the Candidate either on an employment or indirect basis, any rebate paid to the Client under clause 6.1 in respect of that Candidate, shall be immediately repaid to the Employment Agency by the Client.
6.4. If the role is cancelled and/or the candidate offer is withdrawn (for any reason), the Employment Agency will be due the full fee with no rebate.
7. Confidentiality and Data Protection
7.1. The Parties acknowledge that for the purposes of the Data Protection Legislation, the Employment Agency is a Data Controller and the Client is a Data Controller (where Data Controller has the meanings as defined in the Data Protection Legislation).
7.2. All information contained within these Terms shall remain confidential and the Client shall not divulge it to any Third Party save for its own employees and professional advisers and as may be required by law.
7.3. The Client shall not without the prior written consent of the Employment Agency provide any information in respect of the Candidate to any Third Party whether for employment purposes or otherwise.
7.4. The Employment Agency shall use the Client’s Personal Data in accordance with and for the purposes set out in the documented instructions and. If the Employment Agency is ever unsure as to the parameters of the instructions issued by the Client it will, as soon as reasonably practicable, revert to the
7.5. The Employment Agency agrees to sign any NDA before commencing any work and agrees that it will not disclose the Client’s Personal Data outside of the Employment Agency except: (i) as the Client directs (including as permitted under this Agreement); or (ii) as required by Applicable Laws.
7.6. The Employment Agency agrees to adhere to all Client policies on data sharing and will not divulge any information without written consent from the Client.
7.7. The Employment Agency shall co-operate and assist the Client with any privacy impact assessments and consultations with (or notifications to) relevant regulators that the Client considers are relevant pursuant to Data Protection Legislation in relation to the Client Personal Data and the Services.
7.8. The Employment Agency shall ensure that its personnel do not process Personal Data without authorisation from the Client. The Employment Agency shall procure that its personnel are obligated to maintain the security and confidentiality of any of the Client’s Personal Data as provided in this Agreement and this obligation continues even after their engagement ends.
7.9. The Employment Agency shall promptly forward to the Client and otherwise co-operate with and assist the Client at no charge with any requests from data subjects of any of the Client’s Personal Data pursuant to Data Protection Legislation.
7.10. The Employment Agency shall at the Client’s option, delete (unless required by Applicable Laws) or return all copies of Personal Data and cease Processing such Data after the business purposes for which the Client’s Personal Data was Processed have been fulfilled, or earlier upon the Client’s written request.
7.11. The Employment Agency shall maintain a record of all categories of processing activities carried out on behalf of the Client which shall be made available to the Client upon request.
7.12. The Employment Agency has implemented and will maintain throughout the term of this Agreement appropriate technical and organisational measures, internal controls and information security routines intended to protect the Client’s Personal Data against accidental, unauthorised or unlawful access, disclosure, alteration, loss, or destruction.
7.13. If the Employment Agency becomes aware of or reasonably suspects that any Security Incident has occurred, without undue delay (and in any event within twenty-four (24) hours), the Employment Agency will notify and investigate the Client of the Security Incident.
8. Liability and Indemnity
8.1. The Employment Agency 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 the Client, arising from or in any way connected with the Employment Agency seeking a Candidate for the Client or from the Introduction, or Engagement of any Candidate by the Client or from the failure of the Employment Agency to introduce any Candidate, or from the Client’s Client for the purpose of seeking clarification for further instructions. disclosure to a Third Party of any details regarding a Candidate.
8.2. The Employment Agency shall not be liable for failure to perform its obligations under these Terms if such failure results by reason of any cause beyond its reasonable control.
8.3. The Client shall indemnify and keep indemnified the Employment Agency against any costs (including legal costs), claims or liabilities incurred directly or indirectly by the Employment Agency arising in connection with these Terms including (without limitation) as a result of: a) any breach of these Terms by the Client or by its employees or agents; and/or b) any breach by the Client or Third Party, or any of its employees or agents, of any applicable statutory provisions (including, without limitation, any statutory provisions prohibiting or restricting discrimination or other inequality of opportunity, immigration legislation and the Regulations); and/or c) any unauthorised disclosure of a Candidate details by the Client or Third Party, or any of its employees or agents.
9. Equal Opportunities
9.1. The Employment Agency is committed to equal opportunities and expects the Client to comply with all anti-discrimination legislation regarding the selection and treatment of Candidates.
10. General
10.1. Any failure by the Employment Business to enforce at any particular time any of the clauses pursuant to these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently.
10.2. Headings contained in these Terms are for reference purposes only and shall not affect the intended meanings of the clauses to which they relate.
10.3. No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
10.4. If any provision, clause or part-clause of these Terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of these Terms shall remain in full force and effect to the extent permitted by law.
10.5. Any reference to legislation, statute, act or regulation shall include any revisions, re-enactments or amendments that may be made from time to time.
11. Variation
11.1. No variation or alteration of these Terms shall be valid unless approved in writing by the Client and the Employment Agency.
12. Applicable Law
12.1. These Terms shall be construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.