Terms of Buisness
For the introduction of permanent or fixed-term contract staff to be directly engaged by the Client.
These Terms of Business set out the basis on which Fox Red Recruitment Ltd introduces candidates to clients for permanent or fixed-term engagements.
Summary of Terms
Fee Structure
For remuneration up to £19,999, the fee is 15%.
For remuneration between £20,000 and £24,999, the fee is 15%.
For remuneration between £25,000 and £39,999, the fee is 15%.
For remuneration of £40,000 or above, the fee is 15%.
The Introduction Fee shall be payable within 30 days of the date of the undisputed invoice issued by Fox Red Recruitment Ltd. The invoice will be issued once the Candidate commences the Engagement.
The Introduction Fee is payable if the Client Engages the Candidate within 6 calendar months from the date of the Introduction or the Client’s withdrawal of an offer of Engagement.
Scale of Refund
If the Engagement terminates during weeks 1 to 4, 100% of the Introduction Fee will be refunded.
If the Engagement terminates during weeks 5 to 8, 50% of the Introduction Fee will be refunded.
If the Engagement terminates during weeks 9 to 12, 25% of the Introduction Fee will be refunded.
As an alternative to the scaled refund facility above, Clients also have the option of one free replacement Candidate should the Candidate leave the Engagement within the first 12 weeks.
Refunds and free replacements are only available where the Client has paid the undisputed invoice within the agreed payment terms.
Fox Red Recruitment Ltd offers one free-of-charge replacement for any single position. If Fox Red Recruitment Ltd wishes to provide a substitute Candidate, the Client is under no obligation to accept such replacement.
If an Engagement is terminated for any reason, the Client must advise Fox Red Recruitment Ltd within 7 days of the termination date in order to qualify for the refund or replacement guarantee.
There will be no refund where the Candidate’s Engagement is terminated during or after the 13th week of the Engagement.
1. Definitions
In these Terms, the following definitions apply:
“Agency” means Fox Red Recruitment Ltd, registered company number 17145099, of 30 Woodview Road, Great Dunmow, Essex, CM6 1BU.
“Candidate” means the person introduced by the Agency to the Client for an Engagement, including any officer, employee or other representative of the Candidate if the Candidate is a corporate body.
“Client” means the person, firm or corporate body, together with any subsidiary or associated person, firm or corporate body, to which the Candidate is introduced.
“Engagement” means the engagement or employment by the Client, or by any third party to whom the Candidate has been introduced by the Client, 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, or through a limited company of which the Candidate is an officer, employee or other representative. “Engage”, “Engages” and “Engaged” shall be construed accordingly.
“Introduction” means either the passing to the Client of a CV or information which identifies the Candidate, or the Client’s interview of a Candidate, whether in person, by telephone, by video call or otherwise, following the Client’s instruction to the Agency to search for a Candidate, which leads to an Engagement of the Candidate. “Introduces” and “Introduced” shall be construed accordingly.
“Introduction Fee” means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement.
“Remuneration” means the total first year’s remuneration, all emoluments and all benefits that form part of the annual gross taxable pay. This includes, but is not limited to, shift allowance, guaranteed bonuses and, where a car or car allowance is provided, the sum of £5,000 or the car allowance, whichever is greater.
“Replacement Candidate” means any Candidate introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 weeks of the Engagement.
“Vulnerable Person” means any person who, by reason of age, infirmity, illness, disability or any other circumstance, is in need of care or attention, and includes any person under the age of eighteen.
Unless the context requires otherwise, references to the singular include the plural and references to one gender include all genders.
The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. The Contract
These Terms of Business constitute the contract between the Agency and the Client for the introduction of permanent or fixed-term contract staff to be engaged directly by the Client.
These Terms are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate.
These Terms contain the entire agreement between the parties, unless otherwise agreed in writing by both parties.
No variation or alteration to these Terms shall be valid unless agreed in writing by a director of the Agency and the Client.
The Agency acts as an employment agency, as defined in Section 13(2) of the Employment Agencies Act 1973, when introducing Candidates to the Client for direct Engagement by the Client.
3. Notification and Fees
The Client agrees to notify the Agency immediately of the terms of any offer of Engagement made to the Candidate.
The Client agrees to notify the Agency immediately that its offer of Engagement has been accepted.
The Client agrees to provide details to the Agency of the Remuneration agreed with the Candidate.
The Client agrees to pay the Introduction Fee by the due date for payment.
The Introduction Fee is payable if the Client Engages the Candidate within the period of 6 calendar months from the date of the Introduction or the Client’s withdrawal of an offer of Engagement, whichever is earlier.
The Introduction Fee is calculated in accordance with the Fee Structure set out in these Terms, based on the Remuneration applicable during the first 12 months of the Engagement.
Where, prior to the commencement of the Engagement, the Agency and the Client agree that the Engagement will be for a fixed term of less than 12 months, the Introduction Fee will apply on a pro-rata basis.
If the Client extends the Engagement beyond the initial fixed term, or re-Engages the Candidate within 6 calendar months from the date of termination of the agreed fixed-term Engagement, the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable to the extended or subsequent Engagement.
The Client shall not be liable to pay a greater total sum in Introduction Fees than the Client would have been liable for had the Candidate first been Engaged for 12 months.
The Introduction Fee shall be payable within 30 days of the date of the Agency’s undisputed invoice, which shall be issued once the Candidate commences the Engagement.
VAT is charged at the standard rate on all fees.
The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on undisputed invoiced amounts unpaid by the due date, at the rate of 1% per annum above the Bank of England base rate, from the due date until the date of payment.
If any Agency staff member with whom the Client has had personal dealings accepts an Engagement with the Client while employed by the Agency, or within 3 months of leaving the Agency, the Client shall be liable to pay an Introduction Fee to the Agency.
This shall not apply to any engagement resulting from a bona fide recruitment campaign, direct contact by another recruitment consultancy, or an advertisement.
4. Refunds
If, after an offer has been made and accepted, the Engagement does not commence because the Candidate withdraws their acceptance, or if the Engagement is terminated by either the Candidate or the Client before the expiry of 12 weeks from the date of commencement, the Agency will refund the Introduction Fee in accordance with the Scale of Refunds.
No refund shall apply where the Candidate is made redundant.
In order to qualify for a refund, the Client must comply with the notification and payment provisions set out in these Terms and must notify the Agency in writing of the termination or non-commencement of the Engagement within 7 days of the termination or non-commencement.
For the purposes of this clause, the date of termination of the Engagement shall be the date on which the Candidate ceases working for the Client.
5. Introductions to Third Parties
Introductions of Candidates are confidential.
If the Client discloses a Candidate’s details to a third party, this will be deemed to be a Third Party Introduction.
If a Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of the Agency’s Introduction of the Candidate to the Client, the Client will be liable to the Agency for payment of an Introduction Fee.
Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee in these circumstances.
6. Suitability Checks
The Agency endeavours to ensure the suitability of Candidates introduced to the Client by taking reasonably practicable steps to ensure that the Introduction would not be detrimental to the interests of either the Client or the Candidate.
The Agency will take reasonably practicable steps to ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body.
The Agency will take reasonably practicable steps to confirm that the Candidate is willing to work in the position.
Notwithstanding the above, the Client shall be responsible for satisfying itself as to the suitability of the Candidate for the position.
The Client is responsible for taking up any references provided by the Candidate before Engaging the Candidate.
The Client is responsible for checking the Candidate’s right to work and obtaining any permission to work required by law.
The Client is responsible for arranging any medical examinations or investigations into the medical history of the Candidate.
The Client is responsible for satisfying any medical, qualification, authorisation or other requirements necessary for the Candidate to work in the Engagement.
To enable the Agency to comply with its obligations, the Client shall provide the Agency with details of the position, including the type of work the Candidate will be required to do, the location and hours of work, the experience, training, qualifications and authorisations required, any risks to health and safety known to the Client and the steps taken to prevent or control such risks, the date the Client requires the Candidate to commence the Engagement, the duration or likely duration of the Engagement, the minimum rate of Remuneration offered, the intervals of payment of Remuneration, and the length of notice the Candidate would be entitled to give and receive.
Where the Candidate is introduced for a position involving working with, caring for or attending a Vulnerable Person, the Agency shall take reasonably practicable steps to obtain confirmation of the Candidate’s identity, obtain confirmation that the Candidate has the required experience, training, qualifications and authorisations, obtain and offer to provide copies of two references from persons who are not relatives of the Candidate and who have agreed that the references may be disclosed to the Client, and obtain and offer to provide copies of any relevant qualifications or authorisations.
If the Agency has taken all reasonably practicable steps to obtain such information and has been unable to do so fully, it shall inform the Client of the steps it has taken.
7. Information to Be Provided
When the Agency introduces a Candidate to the Client, the Agency shall inform the Client that it has obtained confirmation of the relevant matters set out in these Terms.
Where such information is not provided in paper form or by electronic means, it shall be confirmed by such means by the end of the third business day following the Introduction, excluding Saturdays, Sundays and public or bank holidays.
This requirement shall not apply where the Candidate is being introduced for an Engagement that is the same as one in which the Candidate has worked within the previous 5 business days and such information has already been provided to the Client.
8. Confidentiality and Data Protection
All information relating to a Candidate is confidential and is provided solely for the purpose of providing work-finding services to the Client.
Such information must not be used for any other purpose or disclosed to any third party without the Agency’s consent.
The Agency and the Client shall comply with all applicable data protection laws when receiving, processing, storing or sharing personal data.
Information relating to the Client’s business which is confidential must also be kept confidential and must not be disclosed to any third party, except where such information is already in the public domain.
9. Liability
The Agency shall not be liable for any direct or indirect loss, expense, damage, delay, costs or compensation suffered or incurred by the Client arising from, or connected with, the Introduction or Engagement of any Candidate.
For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded.
10. Notices
All notices required to be given under these Terms shall be in writing and may be delivered personally, by first-class prepaid post or by email.
Notices may be sent to the registered office of the relevant party, or to any other address or email address that one party has notified to the other in writing.
Any such notice shall be deemed to have been served when delivered by hand, 48 hours after posting if sent by first-class post, and when sent if delivered by email.
Notices to the Agency should be sent to laura@foxredrecruitment.co.uk.
11. Severability
If any provision of these Terms is determined by any competent authority to be unenforceable to any extent, that provision shall, to that extent, be severed from the remaining Terms.
The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Schedule: Scale of Refund
The following scale of refund only applies where the Client complies with the relevant provisions of these Terms, including the notification and payment requirements.
Where the Candidate ceases working for the Client during the first 12 weeks of the Engagement, except where the Candidate is made redundant, or fails to commence an Engagement, a refund of the Introduction Fee shall be paid to the Client in accordance with the scale below.
The rebate facility applies only to permanent positions.
If the Engagement terminates during weeks 1 to 4, 100% of the Introduction Fee will be refunded.
If the Engagement terminates during weeks 5 to 8, 50% of the Introduction Fee will be refunded.
If the Engagement terminates during weeks 9 to 12, 25% of the Introduction Fee will be refunded.
There will be no refund where the Candidate’s Engagement is terminated, or would have terminated but for any period of garden leave or payment in lieu of notice, during or after the 13th week of the Engagement.
In the event of the successful applicant leaving during the first 12 weeks of the Engagement, the Client will be entitled to one free replacement Candidate.
This is only enforceable if the Client pays the invoice within the agreed payment terms.
Fox Red Recruitment Ltd offers one free-of-charge replacement for any single position.
There will be no refund guarantees or free-of-charge replacements on temp-to-perm or contract placements.
14. Acceptance of Terms
By instructing Fox Red Recruitment Ltd to introduce Candidates, by receiving details of a Candidate, by interviewing a Candidate, or by Engaging a Candidate introduced by Fox Red Recruitment Ltd, the Client confirms acceptance of these Terms of Business.
Fox Red Recruitment Ltd
Company number: 17145099
Registered office: 30 Woodview Road, Great Dunmow, Essex, CM6 1BU
Email: laura@foxredrecruitment.co.uk