RECRUITMENT HUB - TERMS AND CONDITIONS OF USE
- In these Conditions, the following terms have the following meanings:
‘Council’ shall mean North Yorkshire County Council whose address for correspondence is County Hall, Racecourse Lane, Northallerton, North Yorkshire, DL7 8AD;
‘Client’ shall mean the person, firm or company to whom services are provided or a Candidate is directly or indirectly introduced by the Council, together with a holding or subsidiary of the Client;
‘Candidate’ a person whose personal details are registered with the Council who may be suitable for Engagement with the Client or to whom the Client may wish to be Introduced, including any officer or employee of the Candidate if the Candidate is a limited Agency;
‘Engagement’ the employment, appointment or use under any agreement or arrangement for the provision of the services of the Candidate to the Client or any third party on any basis whatsoever, including, without limitation, on a fixed term, temporary or permanent basis or through any incorporated entity of which the Candidate is a director, limited liability partner or employee;
‘Introduction’ the introduction of the Candidate to the Client by the Council.
‘Charter of Excellence’ shall be the Charter of Excellence issued by the Council to support the recruitment and retention of adult social care roles within North Yorkshire and its surrounding areas.
- The Client agrees to sign and observe the Charter of Excellence issued by the Council in order to use and benefit from the recruitment hub.
- The Council agrees to make available from time to time persons who may be suitable for Engagement by the Client with a view to effecting an Introduction.
- The Council will try to ensure the suitability of any Candidate introduced to the Client wherever possible which may include some or all of the following actions; confirmation of the Candidate’s identity, that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body, and that the Candidate is willing to work in the position which the Client seeks to fill. However, the Council offers the client no assurance or warranty with regard to suitability and it is for the client to satisfy themselves on this point.
- The Client shall provide to the Council details of the identity of the Client, details of the position 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. In addition the Client shall provide details of the date the Client requires the Candidate 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 Candidate would be entitled to give and receive to terminate the employment with the Client.
- Clients should be aware that the Council only expects to propose candidates for ‘entry level’ posts that a client may have available. Should a client offer any Candidate introduced by the Council a position within their organisation which differs from the post notified to the Council, then the Client may be liable to the Council for its reasonable charges for the introduction made. The Council will not usually impose any charge if it is satisfied that the revised post offered is still an entry level post, though this decision will be taken at the sole discretion of the Council.
- The Council endeavours to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.
- The Council 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 Candidate for the Candidate to work in the position the Client seeks to fill.
- The Client shall satisfy itself as to the suitability of the Candidate, notwithstanding the clauses above and will be responsible for verifying any professional or academic qualifications, obtaining references, work permits or security clearances including enhanced DBS checks for the Candidate, and for arranging any health, fitness or other tests to be carried out on the Candidate. The Council offers no warranty or other assurance on this.
- The Client shall comply in all respects with GDPR and all other data protection legislation from time to time in force and effect in relation to personal data provided to the Client pertaining to the Candidate.
- The Client shall keep the Candidate’s curriculum vitae and any other personal information disclosed to the Client by the Council and pertaining to the Candidate strictly private and confidential and not disclose it to any third party without first obtaining the written consent of both the Candidate and the Council and, in particular, not approach the Candidate’s current employer (if relevant) until any offer of Engagement made by the Client to the Candidate has been accepted in writing. The Client should ensure that the Candidate has agreed for references to be obtained before the Client approaches any referee given.
- The Client shall indemnify and keep the Council fully indemnified, against all claims losses, damages, costs and expenses that the Council suffers as a result of any claim brought by a Candidate in the Employment Tribunal in connection with the Introduction of the Candidate to the Client to the extent that such claim has arisen through the acts or omissions of the Client.
- The Client shall notify the Council in writing if it does not wish the Council to advertise a vacancy, failing which the Council may advertise any vacancy notified by the Client.
- Although the Council will use reasonable endeavours to ensure the suitability of the Candidate, the Council gives no warranty whatsoever, whether express or implied, as to whether the attributes of the Candidate will be suitable for the Client’s requirements. The Client must rely on its own enquiries as to the suitability of the Candidate.
- The Council shall not be liable for any loss, liability, damage, costs, claims, compensation or expenses, whether direct, indirect or consequential suffered or incurred by the Client arising from or connected with the services provided by the Council or from the Introduction to or the Engagement of any Candidate by the Client or from the failure of the Council to introduce the Candidate. For the avoidance of doubt, the Council does not exclude liability for death or personal injury arising from its own negligence.
- The invalidity, illegality or unreasonableness in whole or in part of any of these Conditions shall not affect the validity of the remainder of such Condition or of these Conditions. In the event that any of the Conditions shall be held invalid, illegal or unreasonable, such Condition shall apply with such deletion as may be necessary to make it valid and effective.
BY USING THE RECRUITMENT HUB SERVICE YOU ARE EXPRESSLY AGREEING TO OBSERVE AND BE BOUND BY THE ABOVE TERMS AND CONDITIONS OF USE.