Terms of Business (operating as an Employment Agency)
These Terms of Business together with our Conditions of Business set out the terms and
conditions of business on which it is agreed that London Bridge Talent (LBT) shall provide
permanent recruitment services to the Client.
Our fee structure is simple and transparent, based on the candidate's renumeration:
If a permanent candidate hired through our services leaves within the following timeframes, you are entitled to a partial rebate as part of our robust money-back guarantee:
Terms and Conditions
(operating as an Employment Agency)
1. DEFINITIONS
1.1 In these terms of business the following apply:
2. THE CONTRACT
2.1 These terms and conditions of business regulate the agreement between London Bridge Talent and the Client.
2.2 These terms and conditions are deemed to be accepted upon the introduction to the Client of a Temporary Worker, or by virtue of its request for, interview with, or the Engagement by the Client of the Temporary Worker introduced by London Bridge Talent.
3. CHARGES
3.1 The Client agrees to pay the hourly charge of London Bridge Talent advised at the time of the booking; this will include the Temporary Worker’s hourly rate, statutory holiday pay, our commission, employer’s NI contributions, and any other statutory amount.
3.2 The Client agrees to verify and sign London Bridge Talent’s time sheets each week. Signature of such timesheets or written confirmation by the Client constitutes acceptance that the Temporary Worker’s service has been provided for the hours indicated on the time sheets, any deduction of breaks, and that such services have been provided satisfactorily. Traveling, hotel, or other expenses as may be agreed shall be itemized on London Bridge Talent’s invoice in addition to this charge. These charges will be those in force at the time of the Assignment and may be amended to take account of any additional statutory entitlements or enhanced rates that the Temporary Worker may become entitled to. Details of charges are available on application and are calculated on an hourly basis at rates varying according to the number of hours required in any one week. Value Added Tax shall be charged in addition at the rate applicable at the invoice date.
3.3 Charges are invoiced weekly and are payable within 7 days of the date of London Bridge Talent’s invoice. London Bridge Talent reserves the right to charge interest on any overdue amount. A rate of eight percent above London Bridge Talent's bank’s base lending rate will apply, calculated on a day-to-day basis, from the due date of the invoice until the day of payment.
3.4 A minimum of 6 hours per booking will be charged for all staff.
3.5 Any timesheet and invoice queries must be addressed to London Bridge Talent in writing within 7 days of receiving an invoice; otherwise, they are deemed payable.
4. PAYMENT OF THE TEMPORARY WORKER
4.1 London Bridge Talent assumes responsibility for the payment of the Temporary Worker’s remuneration, and where appropriate, for the deduction and payment of national insurance contributions, PAYE income tax, and pension contributions applicable to the Temporary Worker.
5. TRANSFER AND INTRODUCTION FEES
5.1 In the event of the Engagement by the Client of a Temporary Worker supplied by London Bridge Talent either (i) directly or (ii) pursuant to being supplied by another employment business, within either the duration of the assignment or 14 weeks from the start of the first assignment (the first assignment being each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous assignment); or 8 weeks from the day after the last day the Temporary Worker worked on that assignment, the Client shall be liable, subject to electing by providing London Bridge Talent with 3 days written notice prior to the engagement, to either an extended period of hire or a transfer fee which, unless otherwise agreed, will be either an extended period of hire of 16 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3 for each hour the Temporary Worker is so employed or supplied; or a transfer fee as outlined below;
Salary Fees
5.2 In the event that there is an introduction of a Temporary Worker to the Client which does not result in the supply of the Temporary Worker by London Bridge Talent to the Client, but which leads to Engagement by the Client of the Temporary Worker either (1) directly or (2) pursuant to being supplied by another employment business within 12 months of the date of the introduction, the Client shall be liable, subject to electing by providing London Bridge Talent with 3 days written notice prior to the Engagement, to either an extended period of hire of 16 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 3 for each hour the Temporary Worker is so employed or supplied; or an introduction fee which shall be calculated as per the table above during the first 12 months of the engagement or, if the actual amount of the remuneration is not known, the current rate multiplied by 250.
5.3 In the event that the Engagement referred to above of a Temporary Worker is for a term of less than 12 months, the fee under 5.1 and 5.2 will apply pro-rata, although if that initial term is extended (or if the Temporary Worker is re-engaged within 3 months of the termination of the initial Engagement), the Client shall be liable to pay a further fee based on the remuneration applicable for the period of the second Engagement up to termination of the first anniversary of the commencement, whichever is sooner.
5.4 In the event that the Temporary Worker supplied to a Client by London Bridge Talent is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party during the Assignment or within whichever is the longer of either (i) 14 weeks from the start of the first assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous assignment shall also be considered to be the ‘first assignment’ for these purposes); or (ii) 8 weeks from the day after the last day the Temporary Worker worked on the Assignment. The Client shall be liable to pay a transfer fee calculated in accordance with clause 5.1.
5.5 In the event that a Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within 6 months from the date of introduction, the Client shall be liable to an introduction fee calculated in accordance with clause 5.2.
5.6 No refunds or rebates are payable in respect of the charges of London Bridge Talent outlined either under Clause 3 or this Clause 5.
6. LIABILITY
6.1 Temporary Workers are engaged by London Bridge Talent under contracts for services. They are deemed to be under the supervision, direction, and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors, or omissions of the Temporary Worker, whether willful, negligent, or otherwise, as though they were on the payroll of the Client. The Client will also comply in all respects with all statutes, including in particular the provision of adequate Employers’ and Public Liability Insurance cover for the Temporary Worker during all assignments. The Client will assist London Bridge Talent in complying with its duties under the Working Time Regulations by supplying relevant information about the Assignment requested by London Bridge Talent, and the Client will not do anything to cause London Bridge Talent to be in breach of its obligations under these regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify London Bridge Talent of this requirement before the commencement of that week.
6.2 Whilst every effort is made by London Bridge Talent to give satisfaction to the Client by ensuring reasonable standards of skills, integrity, and reliability from Temporary Workers, and further to provide them in accordance with booking details, no liability will be accepted by London Bridge Talent for any loss, expense, damage, or delay arising from any failure to provide any particular Temporary Worker for all or part of a booking or from the negligence, dishonesty, misconduct, or lack of skill of the Temporary Worker provided. For the avoidance of doubt, London Bridge Talent does not exclude liability for death or personal injury arising from its own negligence.
6.3 The Client shall indemnify and keep indemnified London Bridge Talent against any costs, claims, or liabilities incurred by London Bridge Talent arising out of any Assignment or engagement of a Temporary Worker and/or as a result of any breach of these terms by the Client.
7. TERMINATION
7.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standard of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to leave the assignment immediately or by directing London Bridge Talent to remove the Temporary Worker. London Bridge Talent may in such circumstances reduce or cancel the charges for the time worked by the Temporary Worker, provided that the assignment terminates:
(i) Within 4 hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
(ii) Within two hours for bookings of seven hours or less;
and also provided that notification of the unsuitability of the Temporary Worker is confirmed in writing to London Bridge Talent within 48 hours of the termination of the Assignment.
7.2 Any of the Client, London Bridge Talent, or the Temporary Worker may terminate an assignment at any time without prior notice and without liability.
8. VARIATION
8.1 No variation can be made to these terms without the written consent of a director of London Bridge Talent.
9. ENGAGEMENT OF LONDON BRIDGE TALENT
9.1 In the event that a Client wishes to offer full-time employment to an employee of London Bridge Talent who they have been introduced to as a result of working with the company, and in the event that an offer is made within a six-month period of working with that employee, a fee will be charged, please refer to clause 2.5 of London Bridge Talent's Permanent Terms.
10. AGENCY WORKERS REGULATIONS
To enable London Bridge Talent to comply with its obligations under the AWR:
10.1 Before the commencement of an Engagement, the Client will notify London Bridge Talent if the Temporary Worker has previously carried out work for the Client at any time after 1st October 2011, whether as a Temporary Worker supplied to the Client by London Bridge Talent or by any other temporary work agency or third party, and will provide details of the dates of any and all previous Engagements, the duties performed by the Temporary Worker, the rate of pay paid to the Temporary Worker in respect of each assignment, and any benefits provided to them and the location at which the Temporary Worker worked.
10.2 The Client shall, upon being requested to do so by London Bridge Talent, provide London Bridge Talent with reasonable assistance (including providing all relevant information, etc.) to enable London Bridge Talent to verify that the rights of the Temporary Worker under the AWR are complied with and that any Temporary Worker who has acquired Qualifying Rights receives basic pay, shift pay, overtime, rest breaks, and any bonuses to which they are entitled under the AWR.
10.3 Before any Temporary Worker commences a placement for the Client, the Client shall provide the Temporary Worker with a copy of the relevant sections of the Client’s Handbook (or equivalent) or details of the Client’s facilities available to the Temporary Worker and details of how to access information about vacancies and any other documents or policies notified by the Client from time to time. The Client shall ensure that the Temporary Worker has access to the same facilities and vacancy information as any comparable permanent workers from the first day of engagement.
10.4 The Client shall, as soon as reasonably practicable (and within 7 days in each and every case), inform London Bridge Talent if it reasonably believes any Temporary Worker supplied by it may not be receiving any equal rights that they are entitled to, or provision has not been made for any Temporary Worker to receive such rights under the AWR.
11. INFORMATION REQUESTS BY CANDIDATE
11.1 London Bridge Talent will, throughout the duration of this agreement, notify the Client as soon as reasonably practicable (and in any event no later than 5 working days after receipt) that the Temporary Worker has made an Information Request.
11.2 The Client will be responsible for responding to an Information Request, or any part of an Information Request that relates to a Temporary Worker’s access to information or facilities at the Client’s premises, or access to collective facilities or amenities provided by the Client, and will respond to the request within 7 days and will send a copy of the response to London Bridge Talent at the time the reply is sent to the Temporary Worker.
11.3 London Bridge Talent will be responsible for responding to an Information Request, or any part of an Information Request that they receive that relates to the Temporary Worker’s pay and working conditions, subject always to the Client’s obligations under this Clause 11 to provide such assistance and information as is necessary to enable London Bridge Talent to do so.
11.4 The Client agrees that it will provide such assistance as is reasonably necessary to enable London Bridge Talent to respond to an Information Request and will provide comments on the terms of any draft response prepared by London Bridge Talent within 5 working days of being requested to do so, and in particular will provide any and all information required to enable London Bridge Talent to inform the Temporary Worker of any relevant information which explains the basis on which it is considered that any potentially comparable permanent employee is or is not comparable.
11.5 If the Client receives an Information Request from a Temporary Worker, it will notify London Bridge Talent as soon as practicable and in any event no later than 5 days after receipt and will not respond directly to any such request without the consent of London Bridge Talent. London Bridge Talent reserves the right to respond on the Client’s behalf in relation to any request made by a Temporary Worker concerning the Temporary Worker’s pay and conditions.
12. PREGNANT WORKERS
12.1 London Bridge Talent will notify the Client if it becomes aware that the Temporary Worker on placement with the Client (or being considered for placement) is pregnant, has given birth within the last six months, or is breastfeeding, subject to the Temporary Worker giving her consent to this.
12.2 The Client will conduct a health and safety risk assessment of the work undertaken by the Temporary Worker. If there is a health and safety risk, the Client will notify London Bridge Talent.
12.3 If it is reasonable to do so, the Client will make an adjustment to remove the risk. If it is not reasonable for the Client to make an adjustment, London Bridge Talent will offer the Temporary Worker alternative work, or if that is not possible, pay in accordance with its obligations under the AWR 2010.
12.4 London Bridge Talent will pay any Temporary Worker who has acquired Qualifying Rights paid time off to attend ante-natal appointments, but London Bridge Talent shall recharge the cost of such time to the Client.
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