Please read our terms of business for permanent and temporary staff and if there is anything that requires further clarification, feel free to contact us...

DEFINITIONS

In these Terms of Business the following definitions apply:

'Applicant' means the person introduced by the Agency to the Client for an Engagement including any employee of the Applicant if the Applicant is a limited company and members of the Agency's 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 which the Applicant is introduced.
'Agency' means linda taylor associates limited.
'Engagement' means the Engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services, under an agency, licence, franchise or partnership agreement, or any other Engagement, directly or through a limited company of which the Applicant is an employee.
'Introduction' means the passing to the Client of a CV or information which identifies the Applicant and which leads to an Engagement of that Applicant.
'Remuneration' includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party.
The headings contained in these Terms are for convenience only and do not affect their interpretation.

THE CONTRACT
2.1 These Terms of Business are between linda taylor associates (hereinafter called the AGENCY) and the employer named on the relevant form of introduction (hereinafter called the CLIENT).
2.2 The interviewing of an Applicant introduced by the Agency constitutes an acceptance of our Terms of Business and an agreement to pay our fee should the Applicant be engaged. Clients are requested to notify us immediately upon Engagement (no fees are charged to Applicants).
2.3 These terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.
2.4 These terms contain the entire agreement between the parties and unless otherwise agreed, in writing, by the Agency, these Terms of Business prevail over any other Terms of Business or purchase conditions put forward by the Client.
2.5 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out, in writing, and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

NOTIFICATION AND FEES
3.1 Our scale of fees, exclusive of VAT are as follows:
Up to £9,999 per annum 12% of annual salary £17,000 to £19,999 per annum 18% of annual salary
£10,000 to £13,499 per annum 14% of annual salary Over £20,000 per annum 20% of annual salary
£13,500 to £16,999 per annum 16% of annual salary

3.2 The client agrees to:
a) Notify the Agency immediately of any offer of an Engagement which it makes to the Applicant.
b) Notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the fee within 14 days of the commencement of such Engagement.

3.3 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the fee structure set out in 3.1 on the remuneration applicable during the first 12 months of the Engagement.

3.4 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 4% per annum above the base rate of the Bank of England from the due date until the date of payment.
a) Should the relevant Engagement terminate before the expiry of one week's time, the fee will be refunded in full, provided that the employer notifies the Agency in writing within 7 days of termination of Engagement.
b) Should the relevant Engagement terminate before the expiry of 12 weeks, the fee will be rebated in accordance with the accompanying scale of rebates provided that the client (i) pays the Agency's fee within 14 days of the commencement of Employment and (ii) notifies the company, in writing, within 7 days of the termination of the Engagement the following applies:
1st week of engagement 100% rebate 6th week of engagement 50% rebate
2nd week of engagement 90% rebate 7th week of engagement 40% rebate
3rd week of engagement 80% rebate 8th week of engagement 30% rebate
4th week of engagement 70% rebate 9th & 10th weeks of engagement 20% rebate
5th week of engagement 60% rebate 11th & 12th weeks of engagement 10% rebate
During or after the thirteenth week of Engagement no refund will be due if the Applicant should leave.
c) Neither the client nor any subsidiary of the client or third party or any person or organisation with the client shall re-employ the Applicant in any capacity whatsoever within six months from the date of the Engagement of the Applicant. In these circumstances, the full fee stated in note 3 above is payable and there shall be no entitlement to a refund.

3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fees set out in 3.1 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages within 6 calendar months from the date of Termination of the first Engagement, the Client shall be liable to pay a further fee based on the additional remuneration applicable for the period of Engagement following the initial fixed Term up to the Termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of Termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with 3.1 becomes payable.

CANCELLATION FEE
4.1 If, after an offer of Engagement has been made to the Applicant the Client decides for any reason to withdraw it, the client shall be liable to pay the agency a minimum fee of 2% of the remuneration.

INTRODUCTIONS
5.1 Introductions of Applicants are confidential. Passing them on to other employers or third parties within 6 months of the Introduction renders the Client liable to the Agency fees as set out in 3.1. Should the Applicant be engaged there will be no entitlement to any refund.
5.2 Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client or Applicant and / or comparable positions in the market generally for such positions.

SUITABILITY AND REFERENCES
6.1 The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant's identity, which may be required by law or by any professional body and that the Applicant is willing to work in the position which the Client seeks to fill.
6.2 The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.
6.3 The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
6.4 Notwithstanding clauses 6.1, 6.2 & 6.3 above, the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such an Applicant. The Client is responsible for obtaining work permits and / or such other permission to work as may be required, for the arrangement of medical examinations and / or investigations into the medical history of any Applicant and satisfying any medical and other requirements, qualifications or permission by law of the Country of which the Applicant is engaged to work.
6.5 To enable the Agency to comply with its obligations under notes 6.1, 6.2 & 6.3, the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do, the location and hours of work, the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position. Also, any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition, the Client shall provide details of the date the Client requires the Applicant to commence, 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 Applicant would be entitled to give and receive to terminate the employment with the Client.

LIABILITY
7.1 The Agency shall not in any way be responsible for any loss, damage, expense or inconvenience of any nature whatsoever resulting from or caused by any willful default, dishonesty, disclosure of confidential information, breach of faith, negligence or any other act of omission by the Applicant whilst employed by the Client or whilst on the Client's premises or arising out of or in any way connected with the service to which this contract relates and the Client shall indemnify the Agency in respect of any liability to which the Agency might thereby be exposed. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

DEFINITIONS

In these Terms of Business the following definitions apply:

'Assignment' means the period during which the Temporary Worker is supplied to render services to the Client.

'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 Temporary Worker is supplied or introduced.

'The Employment Business' means linda taylor associates limited.

'Engages / Engaged / Engagement' means the engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other employment business on a permanent or temporary basis, Contract for Services; an agency, licence, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Temporary Worker is an employee.

'Temporary Worker' means the individual who is introduced by the Employment Business to render services to the Client.

'Transfer Fee' means the fee payable in accordance with clause 7.1 and regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

'Introduction Fee' means the fee payable in accordance with Clause 7.2 and regulation 10 of the Conduct of Employment Agencies and Employment Business Regulations 2003.

'Introduction' means the passing to the Client of a CV or information which identifies the Temporary Worker and which leads to an engagement of that Temporary Worker.

'Remuneration' includes base salary or fees, guaranteed and / or anticipated bonus and commission earnings, allowances, inducement payments and all other payments and taxable (and, where applicable, non taxable) emoluments payable to or receivable by the Temporary Worker for services rendered to or on behalf of the Client or any third party.

The headings contained in these Terms are for convenience only and do not affect their interpretation.

THE CONTRACT

2.1 These Terms constitute the contract between the Employment Business and the Client for the supply of the Temporary Worker's services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or engagement of the Temporary Worker or the passing of any information about the Temporary Worker to any third party following an introduction.
2.2 These Terms contain the entire agreement between the parties and unless otherwise agreed, in writing, by the Directors of the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out, in writing, and a copy of the varied Terms is given to the Client stating the date on or after which such varied Terms shall apply.

CHARGES

3.1 The Client agrees to pay hourly charges to the Employment Business as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Temporary Worker (to the nearest quarter hour) and comprise mainly the Temporary Worker's pay but also include the Employment Business' commission calculated as a percentage of the Temporary Worker's pay, employer's NI contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.

3.2 The charges are invoiced to the Client on a weekly basis and are payable within 14 days. The Employment Business reserves the right to charge interest on any overdue amounts at the rate of 4% per annum above the base rate of the Bank of England from the due date until the date of payment.
3.3 There are no rebates payable in respect of the charges of the Employment Business.

INFORMATION TO BE PROVIDED

4.1 When making an Introduction of a Temporary Worker to the Client the Employment Business shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; the Temporary Worker will be employed by the Employment Business under a Contract for Services; and that the Temporary Worker is willing to work in the Assignment.
4.2 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday). Where the Temporary Worker is being introduced for an Assignment in the same position as one in which the Temporary Worker had previously been supplied within the previous five business days and such information has already been given to the Client, the information will only be resubmitted at the Client's request.

TIMESHEETS

5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Employment Business' time sheet verifying the number of hours worked by the Temporary Worker during that week.
5.2 Signature of the time sheet by the Client is confirmation of the number of hours worked. If the Client is unable to sign a time sheet produced for authentication by the Temporary Worker because the Client disputes the hours claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what hours, if any, were worked by the Temporary Worker. Failure to sign the time sheet does not absolve the Client's obligation to pay the charges in respect of the hours worked.
5.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Temporary Worker. In cases of unsuitable work the Client should apply the provisions of clause 10.1 below.

PAYMENT OF THE TEMPORARY WORKER

6.1 The Employment Business assumes responsibility for paying the Temporary Worker and where appropriate, for the deduction and payment of NI Contributions and PAYE Income Tax applicable to the Temporary Worker, pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.

TRANSFER AND INTRODUCTION FEES

Where there has been a supply

7.1 In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another Employment Business within either:
a) The duration of the Assignment; or
b) 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 (6weeks) since the end of the previous Assignment; or
c) 8 weeks from the day after the last day the Temporary Worker worked on the Assignment.
the Client shall be liable, to either an extended period of hire or a Transfer Fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.2 The Client must give the Employment Business 4 working days written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Transfer Fee.
7.3 If the Client does not give such notice before the Temporary Worker is engaged, the parties agree that the Transfer Fee shall be due.
7.4 If the parties do not agree a period of extended hire or a Transfer Fee in accordance with 7.1 then:
a) The length of the extended period of hire shall be 8 weeks during which the Client shall pay the current hourly charge agreed pursuant to 3.1 for each hour the Temporary Worker is so employed or supplied; or
b) The amount of the Transfer Fee shall be £1500.

Where there has been an introduction but no supply
7.5 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another Employment Business within 6 months of the date of the Introduction the Client shall be liable, to either an extended period of hire or an Introduction Fee the length or amount of which is to be agreed between the Employment Business and the Client.
7.6 The Client must give the Employment Business 4 working days written notice, in advance, of the engagement of whether it has elected to take the period of extended hire or to pay the Introduction Fee.
7.7 If the Client does not give such notice before the Temporary Worker is engaged, the parties agree that the Introduction Fee shall be due.
7.8 If the parties do not agree a period of extended hire or an Introduction Fee in accordance with 7.1 then:
a) The length of the extended period of hire shall be 8 weeks during which the Client shall pay the current hourly charge agreed pursuant to 3.1 for each hour the Temporary Worker is so employed or supplied; or
b) The amount of the Transfer Fee shall be £1500.
Where there has been Introduction to and Engagement by a Third Party
7.9 In the event that the 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 either:
a) The duration of the Assignment; or
b) 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 (6weeks) since the end of the previous Assignment; or
c) 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 the amount of which is to be agreed between the Employment Business and the Client.
7.10 If the parties do not agree a Transfer Fee in accordance with 7.9 then the Client will be liable to pay a Transfer Fee calculated between 12% - 20% of the remuneration applicable during the first 12 months of the engagement.
7.11 No refund of the Transfer Fee will be paid in the event that the engagement subsequently terminates.
7.12 VAT is payable in addition to any fee due.
7.13 In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker 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 between 12% - 20% of the remuneration applicable during the first 12 months of the engagement.
7.14 No refund of the Introduction Fee will be paid in the event that the engagement subsequently terminates.
7.15 VAT is payable in addition to any fee due.

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8.1 Whilst every effort is made by the Employment Business 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 the Client's booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
8.2 Temporary Workers supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business but 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 the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client's own staff (excluding the matters specifically mentioned in Clause 6 above), including in particular the provision of adequate Employer's and Public Liability Insurance cover for the Temporary Worker during all Assignments.
8.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. The Client will assist the Employment Business in complying with the Employment Business' duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business 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 the Employment Business of this requirement before the commencement of that week.
8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.
8.5 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.

TERMINATION

10.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client's satisfaction with the Temporary Worker's standards 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 the Employment Business to remove the Temporary Worker. The Employment Business may, in such circumstances, reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates: -
a) Within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours;
or
b) Within two hours for bookings of seven hours or less;
10.2 Any of the Client, the Employment Business or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
10.3 The Client shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.
10.4 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment under the provisions of clause 10.2.