Terms & Conditions

Register With Deployment

GENERAL

1. These Terms and Conditions relate to the introduction and supply to you by Deployment Limited (‘the Company’) of temporary workers to cover short-term requirements and the introduction to you by the Company of candidates for permanent positions.

2. In these Terms and Conditions: –

  1. ‘Introduction’ means the presentation of a candidate or a temporary worker or the provision of details of a candidate or temporary worker by the Company to you whether or not you had knowledge of such candidate or temporary worker prior to the introduction.
  2. ‘Engagement’ includes employment or use of a candidate or temporary worker in any capacity whatsoever whether temporary or permanent and whether under a contract of service or contract for services, an agency, licence, franchise or partnership arrangement, or as an employee or self employed person or otherwise.
  3. ‘Total remuneration’ means a candidate’s or temporary worker’s annual salary or fees and the value of his/her other benefits including bonus (calculated if the engagement is for less than a year by grossing up the actual salary or fees payable).

3. These Terms and Conditions apply to all such supplies and introductions and by asking the Company to make any such supply or introduction you are deemed to have accepted these Terms and Conditions to the exclusion of any Terms and Conditions that you may have. In the event of a conflict between these Terms and Conditions and any other terms and conditions these Terms and Conditions shall prevail unless expressly agreed otherwise in writing by a director of the Company. The Company is entitled to assume that any employee or agent of yours has your authority to bind you (unless you notify the Company otherwise in writing) and the Company is not required to seek confirmation of that authority.

4. The Company acts as an employment agency in the introduction of candidates for permanent positions and as an employment business in the introduction and supply of temporary workers for short-term requirements (as such terms are defined in the Employment Agencies Act 1973) and any candidates or temporary workers so introduced or supplied are not to be regarded as employees of the Company.

5. All introductions, and candidate and temporary worker’s details, are confidential and are supplied to you on the understanding that you will keep the information confidential and not disclose it to any third party without the Company’s prior written consent.

6. The Company will not make any introduction or supply of candidates or temporary workers to you until you have supplied it with the following information: –

  1. details confirming your personal and corporate identity and the nature of your business;
  2. the proposed start date for a candidate or temporary worker and the likely duration of the work;
  3. the position you are seeking to fill, together with a summary of the type of work the candidate or temporary worker would be required to do, the hours and location at which he would be expected to work, details of any potential health and safety risks and any steps you have taken to limit such risks including copies of any and all relevant risk assessments undertaken by you in respect of the position you are seeking to fill;
  4. details of the experience, training, qualifications and any authorisations required to be possessed by the candidate or temporary worker (either as required by law or a professional body, or as you consider necessary);
  5. any expenses payable by or to the candidate or temporary worker;
  6. the minimum rate of remuneration and benefits to be offered and the intervals at which payment would be made, and the length of notice a candidate in such a position would be required to give or entitled to receive, on termination of their engagement;
  7. by asking the Company to make any supply or introduction you are deemed to: 
    1. have accepted these Terms and Conditions, thereby confirming that you are aware of all the legal and/or professional requirements to be satisfied before the candidate or temporary workers can be supplied or engaged, together with confirmation that the supply by the Company to you of candidates or temporary workers will not be detrimental to your interests;
    2. have accepted these Terms and Conditions, thereby confirming that you authorise the Company to disclose any and all information provided by you under clauses 6 and 6a to such of its officers and employees as the Company shall see fit, and authorising it and such officers and employees to disclose any of the information to candidates or temporary workers introduced or supplied by the Company.
    3. have accepted these Terms and Conditions, thereby confirming that you are awareThe Company will not supply a temporary worker to replace an individual taking part in an official strike or any other official industrial dispute. In addition, the Company will not introduce or supply a work-seeker to do the work of someone who has been transferred by you to perform the duties of the person on strike or taking industrial action.

PERMANENT STAFF TERMS

7. You shall pay the Company’s fee for the introduction of a candidate for a permanent position which results in an engagement such fee being a percentage of the candidate’s total remuneration as follows: –

Total remuneration Percentage charged
Up to £3,999.99 10%
£4,000.00 to £6,999.99 11%
£7,000.00 to £9,999.99 12%
£10,000.00 or more 15%

Where the total remuneration is not known to the Company then the fee shall be equal to 250 times the Company’s standard hourly rate for temporary workers of the category of the candidate.

8. If you engage a candidate introduced by the Company in a permanent position and you lawfully terminate that engagement within a period of up to 10 weeks from the candidate commencing that engagement for you, you will be entitled to a rebate of 10% of the total fee paid (less £50 administration costs) for every week of the said 10 week period unworked. No rebate will be given unless: –

  1. the Company has received written notification from you of the engagement of the candidate within 7 days of you agreeing to that engagement; and
  2. the Company has received written notification from you of the termination within 7 days of the termination of that engagement; and
  3. your account with the Company has been settled in full within 30 days of the invoice date;
  4. the termination is not due to redundancy.

Any rebate will be immediately repayable should you or any subsidiary or associated company of yours or any person connected with you re-engage the candidate within six months of the termination of the employment.
At the Company’s discretion the Company may provide another suitable candidate rather than making a rebate of the fee.

9. If within 6 months of an introduction of a candidate to you by the Company you agree to an engagement of that candidate (other than directly through the company on these Terms and Conditions) or you or any representative agent or employee of yours refers such a candidate to any other person body or corporation which results in an engagement by that person body or corporation you must notify the Company and you will be liable for:-

  1. if the candidate is used in a permanent capacity and the total remuneration is known to the Company a fee as set out in Clause 7 above; or
  2. in any other case, a fee equal to 250 times the Company’s standard hourly rate for temporary workers of the category of the candidate.

No rebate shall apply in respect of any such fee charged.

TEMPORARY STAFF TERMS

10. The charge for the supply of a temporary worker will be based upon 15 minute units with a minimum of 8 hours and shall be such amount as is advised to you at the time of booking in the form of an estimate, or if no such charge is advised, in accordance with the Company’s scale of charges ruling at the time, copies of which are available on request. All rates are quoted excluding VAT, overtime, shift premiums and travelling or other expenses. The Company will be responsible for any payment which may be required to be made by law by it in respect of tax and National Insurance contributions or otherwise on monies paid to the relevant temporary worker. The Company reserves the right to review and/or increase the rates chargeable for the supply of temporary workers whether during the course of an assignment or otherwise. You will be notified of such review as and when it happens. Any reviewed or increased rates will be payable in accordance with these Terms and Conditions.

11. Overtime will be charged at one and a half times the hourly charge rate for any hours worked, exceeding 8 hours, in any one shift from Monday to Friday inclusive. Saturdays will be charged at the overtime rate and Sundays and Bank Holidays will be charged at twice the hourly rate. (Details will be given at the time of the booking).

12. You shall countersign a completed time sheet in such form as the Company requires for each week or part thereof of an assignment being carried out by a temporary worker supplied by the Company, showing a true record of the hours worked by the relevant temporary worker in that week or part thereof, and give such signed timesheet to the relevant temporary worker to enable the Company to fulfil its contractual obligations to him/her. If you fail for whatever reason to sign any required timesheet the relevant temporary worker’s record of hours may be accepted and you may be charged on that basis.

13. All temporary workers are deemed to be under your supervision, control and employment. If you have any reasonable cause to complain about the service of a temporary worker supplied by the Company you should discontinue their services immediately and inform the Company. No charge will be made for that day or part day thereof provided you give the Company satisfactory evidence of a reasonable complaint and you have notified the Company orally of the temporary worker’s termination within 2 hours of the temporary worker commencing duties and provided you discontinue using the temporary worker immediately. You must confirm any such termination in writing within 48 hours of the termination.

14. Any rebate in respect of a cancelled or amended booking (whether as to time or grade or otherwise) of a temporary worker shall be at the entire discretion of the Company.

15. If, following the introduction or introduction and supply to you by the Company (acting as an employment business) of a temporary worker you agree to an engagement of that worker (except directly through the Company on these Terms and Conditions) or you or a member of your staff refer that worker to some other person body firm or corporation resulting in an engagement by or through that person body firm or corporation you must notify the Company and you must: –

  1. where a worker has been introduced to you but not supplied by the Company, and there is an engagement of the worker either directly by you or through another employment business, and:
    1. where that worker is to be engaged in a permanent capacity and the total remuneration is known to the Company, either pay to the Company a fee as set out in Clause 7 above OR allow the Company to supply that worker to you on these Terms and Conditions for a fixed period of 14 weeks (where the worker works for a minimum of 37.5 hours each week), or
    2. where the worker is to be used in a permanent capacity and the total remuneration is not known to the Company, or where that worker is not to be used in a permanent capacity, either pay to the Company a fee equal to 250 times the Company’s standard hourly rate for that category of worker OR allow the Company to supply that worker to you on these Terms and Conditions for a fixed period of 14 weeks (where the worker works for a minimum of 37.5 hours each week);
  2. where a worker has been introduced to you but not supplied by the Company, and there is an engagement of the worker by a third party to whom you have introduced the worker; and
    1. (i) where the worker is to be engaged in a permanent capacity and the total remuneration is known to the Company, pay to the Company a fee as set out in Clause 7;
    2. (ii) where the worker is to be engaged in a permanent capacity and the total remuneration is not known to the Company or where that worker is not to be used in a permanent capacity, pay to the Company a fee equal to 250 times the Company’s standard hourly rate for that category of worker;
  3. where a worker has been introduced and supplied to you by the Company and there is an engagement of the worker either directly by you or through another employment business and:
    1. where the worker is to be engaged in a permanent capacity and the total remuneration is known to the Company, either pay to the Company a fee as set out in Clause 7 above OR allow the Company to supply that worker to you on these terms and conditions for a fixed period of 14 weeks (where the worker works for a minimum of 37.5 hours each week);
    2. where the worker is to be engaged in a permanent capacity and the total remuneration is not known to the Company, or where that worker is not to be used in a permanent capacity , either pay to the Company a fee equal to 250 times the Company’s standard hourly rate for that category of worker OR allow the Company to supply that worker to you on these Terms and Conditions for a fixed period of 14 weeks (where the worker works for a minimum of 37.5 hours each week);
  4. Where a worker has been introduced and supplied to you by the Company and there is an engagement of the worker by a third party to whom you have introduced the worker, and;
    1. where the worker is to be engaged in a permanent capacity by that third party and the total remuneration is known to the Company, pay to the Company a fee as set out in Clause 7 above; or
    2. where the worker is to be engaged in a permanent capacity and the total remuneration is not known to the Company or where that worker is not to be used in a permanent capacity, pay to the Company a fee equal to 250 times the Company’s standard hourly rate for that category of worker;

PROVIDED ALWAYS for the purposes of clauses 15(c) and (d) that you shall not be required to pay a fee or take an extended period of hire of that worker if the engagement takes place after the later of 8 weeks from the end of any earlier period of supply, or 14 weeks from the start of the first period of supply. Any gap of six weeks or less between periods of supply shall be included within the 14 week period, but where there is a gap of more than 6 weeks between periods of supply, the start date for the 14 week period shall be the start date of the next period of supply following the said gap of more than 6 weeks;

16. Where the circumstances outlined in Clause 15(a) or (c) apply and you have chosen to allow the Company to supply the worker to you for a fixed period of 14 weeks (where the worker works for a minimum of 37.5 hours each week), rather than pay a fee, and where the supply of that worker does not in fact continue for the whole of that fixed period and the fact that the supply did not continue for the whole of that fixed period is not the fault of the Company (and for the purposes of these Terms and Conditions any period of unavailability during this fixed period of the worker due to sickness shall not in any circumstances be regarded as the fault of the Company), you shall be liable for a fee calculated in accordance with Clause 7. The Company retains its discretion to adjust the applicable fee pro rata to the actual period of supply.

17. If you breach any of these Terms and Conditions then the Company reserves the right to withdraw forthwith any temporary workers supplied to you without any liability being incurred on the Company’s part.

18. Whilst the Company will endeavour to provide a temporary worker for the period of a booking this cannot be guaranteed for all or any part of the period and no liability shall attach to the Company for the failure to supply a worker for part of or the whole of the period of a booking.

19. Where the temporary worker is a driver the following additional conditions will apply:-

  1. Temporary drivers are supplied by the Company on the understanding that you hold an operators licence under the Transport Act 1968 where required. The Company will as far as reasonably possible check references of the driver. Whilst appropriate driving licences and driving permits will be examined by the Company you must satisfy yourself that all licences and other documentation appertaining to a driver are in order before permitting a driver to take charge of a vehicle and you are responsible for ensuring that drivers and vehicles comply with all provisions of the Transport Act 1968 and all other road transport and road traffic legislation and you must take proper steps in relation to the insurance, maintenance and safety of vehicles and legality of documents and effect all other necessary liability insurance’s (including Employers Liability and Third Party Risks and fully Comprehensive Insurance) for the vehicle its contents and the driver.
  2. You accept that as user of the driver you have sole responsibility and control over the driver’s duties, journeys and hours of work and all statutory duties in respect of driving licences and where appropriate sole responsibility and control over statutory duties in respect of tachographs. The Company takes pride in its careful selection of drivers introduced to clients and with regard to the nature of the duties to be performed and the vehicles they are required to drive. However the Company must emphasise that it may be impracticable for it to obtain references in every case owing to the time factor and the human element involved and the Company can not accept liability of any kind whether in contract or in tort (in Scotland, delict rather than tort) or at all for any loss or damage to property or for any other loss (including without prejudice to the foregoing loss of profits) or for any injury to persons or third party arising indirectly from any act or omission of any driver introduced by the Company even if such act or omission is negligent or fraudulent or reveals dishonesty or lack of skill on the part of the driver.

TERMS APPLICABLE TO BOTH PERMANENT AND TEMPORARY STAFF

20. The Company’s invoices are subject to VAT and all accounts are payable 30 days from the date of the invoice. The right is reserved in respect of any invoice not paid within 30 days to charge interest (without prior notification) at the rate of 8% per annum above the base rate from time to time in force of the Bank of England (both before and after any judgement) accruing on a daily basis on all amounts remaining outstanding from the date of the invoice until actual payment. Payment must be made without deduction or set-off. All costs charges and expenses incurred by the Company in recovering any outstanding account shall be paid by you on a full indemnity basis. Should any invoice be due and unpaid after 30 days then all invoices raised shall become immediately due and payable.

21. On receiving a request for a supply of a temporary worker or the introduction of a candidate for a permanent position the Company will endeavour to supply a suitable temporary worker or candidate to you from its register. The Company however will not be responsible for the accuracy of any information supplied to you in respect of any candidate or temporary worker save in respect of any legal obligation on the Company to provide you with information where the same is obtained by or provided to it. You are responsible for assessing the suitability of any candidate introduced for a permanent position and for engaging that candidate and taking up any reference supplied. The Company will not take up references on workers or candidates unless requested by you in writing. The Company does not warrant the ability of any candidate or temporary worker.

22. You are responsible for ensuring compliance with all health and safety and other legislation, including notification of any RIDDOR to The HSE as required, relating to any assignment and the supervision direction and control of any worker supplied to you. Accordingly any insurance cover must be arranged directly by yourselves. You agree that for the purposes of the Working Time Regulations 1998 all temporary workers supplied to you are to be treated by you as if they were your employees for the purposes of those regulations and that you will at all times fully comply with those Regulations in respect of those temporary workers. Any liability to temporary workers arising from the Regulations shall be your sole liability.

23. You are responsible for ensuring that you hold any necessary licences, permits and consents etc for any work a temporary worker or permanent candidate is required to do and in relation to any place where that work is to be carried out.

24. You are responsible for ensuring that any temporary worker supplied by the Company has the necessary qualifications licences capability integrity and suitability for the purpose for which they are required other than where it is required by law that the Company obtains evidence of qualifications licences capability integrity and suitability.

25. Whilst the Company will endeavour to provide a temporary worker for the period of a booking this cannot be guaranteed for all or any part of the period and no liability shall attach to the Company for the failure to supply a worker for part of or the whole of the period of a booking.

26. The Company shall not be liable for any loss injury damage cost expenses or delay howsoever caused (and whether direct, indirect or consequential) arising directly or indirectly from the introduction or supply of any permanent candidate or temporary worker to you or the non-attendance on any assignment of any temporary worker and in particular without limitation to the foregoing, the Company shall not be liable for any such loss injury damages costs expenses or delay arising from or in any way connected with:-

  1. the failure of a permanent candidate or temporary worker to meet your requirements;
  2. any act or omission of a permanent candidate or temporary worker whether wilful negligent fraudulent dishonest reckless or otherwise.

You shall also indemnify the Company against all and any claims made by any temporary worker supplied to you arising from or relating to the Working Time Regulations 1998.
Provided that nothing in these terms shall be construed as purporting to exclude or restrict any liability of the Company to you for death or personal injury resulting from its negligence as defined in the Unfair Contract Terms Act 1977.

27. The liability of the Company to you for any breach by it of these Terms and Conditions or for any liability in negligence or otherwise shall not (save to the extent that such results in death or personal injury) exceed the Company’s commission relating to the introduction or supply of the relevant permanent candidate or temporary worker. In any event the Company will not be liable in relation to any matter not reported by you in writing to the Company within 3 working days of its occurrence.

28. You shall indemnify the Company against all and any claims and liabilities howsoever arising in respect of any Transfer of Undertakings, loss, injury, damage costs, expenses or delays suffered or incurred by a permanent candidate or temporary worker howsoever caused (whether arising out of your acts omissions or otherwise) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction or supply of a permanent candidate or temporary worker to you or the acts or omissions of any such permanent candidate or temporary worker whether wilful reckless fraudulent negligent dishonest or otherwise.

29. No variation of these Terms and Conditions is valid or binding unless approved in writing by a director of the Company (as the case may be).

30. If within twelve months of you asking the Company to supply temporary workers or introduce permanent candidates to you or within twelve months of the completion by a temporary worker of his assignment with you or the engagement of a permanent candidate by you (whichever shall be the later) you agree to engage any person who is or was during that period an employee of the Company then you will become liable for a fee calculated in accordance with the provisions of Clause 7. No rebate shall apply in respect of any such fee charged.

31. Where the Company is acting as an employment agency, unless you specifically authorise us in writing to do so, the Company cannot and will not, nor shall it be deemed to be authorised to, act as your agent in entering into contracts on your behalf with candidates or work-seekers. Where the Company is acting as an employment business it cannot and will not act as your agent in entering into contracts on your behalf with candidates or work-seekers in any circumstances.

32. You agree, forthwith upon demand, to provide the Company with complete and accurate written details of any candidate or temporary worker’s total remuneration and you hereby warrant that any such details you provide are and will be complete and accurate.

33. Where the temporary worker to be supplied will be supplied through the medium of a limited company contractor and that limited company contractor has not given notice to the Company that it and the person or persons to be supplied by it wish to opt out of the application to them of the Conduct of Employment Agencies and Employment Businesses Regulations 2003/3319 these Terms and Conditions shall be construed as if each reference to a temporary worker includes a reference to any person or persons supplied by the temporary worker to carry out the work.

34. Where the office of the Company dealing with your business is situated anywhere other than Scotland, then these Terms and Conditions shall be governed by and be construed in accordance with the law of England and Wales and you submit with the Company to the jurisdiction of the courts of England and Wales in relation to any claim or matter arising out of these Terms and Conditions. Where the office of the Company dealing with your business is situated in Scotland, then these Terms and Conditions shall be governed by and be construed in accordance with the law of Scotland and you submit with the Company to the jurisdiction of the Courts of Scotland in relation to any claim or matter arising out of these Terms and Conditions.

35. These Terms and Conditions are valid from 1st April 2004 and supersede all previous Terms and Conditions.

About Us

Established over 25 years ago, Deployment has grown continuously since then to become a major force in the supply of temporary driving, warehouse, secretarial and management staff throughout the North, providing management and logistical support 24 hours a day, 365 days a year.

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Rochdale

Métier House
133 Manchester Rd
Rochdale
OL11 4JG

Telephone: 01706 719000

Fax: 01706 719999

Nationwide

We recruit for roles right across the UK. If you are outside Rochdale or Oldham then call our main number which is 01706 719000.

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